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CONGRESSIONAL RECORD
CONTAINING
SIXT Y-SECOND CONGRESS, TH IR D SESSION.
V O L U M E
WASHINGTON:
X L I X .
NAM ES
AND POST-OFFICE ADDRESSES
OF
SENATORS
IN TH E
THIRD
SESSION
OF
THE
SIXTY-SECOND
CONGRESS.
A u g u st u s O. B a c o n , President pro tempore, Macon, G a.
J acob H. G a l l in g e r , President pro tempore, Concord, N.
Name.
Aslmrst, Henry F_
Bacon, Augustus OBailey, Joseph W.1
—
2
Bankhead, John H_
Borah, William E_
Bourne, Jonathan, jr.
Bradley, William 0__
Brady, James II.2
___
Brandegee, Frank B_
Briggs, Frank O____
Bristow, Joseph L _
_
Brown, Norris_______
Bryan, Nathan P _
Burnham, Henry E________
Burton, Theodore E _______
Catron, Thomas B _________
Chamberlain, George E____
Chilton, William
Clapp, Moses E_
_
Clark, Clarence D_
Clarke, James P__
Crane, W. Murray-------Crawford, Coe I ----------Culberson, Charles A —
Cullom, Shelby M.
Cummins, Albert B------Curtis, Charles_________
Davis, J eff3____________
Dillingham, William P_.
Dixon, Joseph M----------du Pont, Henry A ______
rail, Albert B__________
Fletcher, Duncan U____
Foster, Murphy J—
Gallinger, Jacob
Gamble, Robert J.
Gardner, Obadiah___
Gore, Thomas P.
Gronna, Asle J____
Guggenheim. Simon.
Heiskell, John N.4
____________
Hitchcock, Gilbert M_________
Jackson, William P.5
_________
Johnson, Charles F ___________
Johnston, Joseph F___________
Johnston, R. M.°______________
Jones, Wesley L ______________
Kavanaugh, William M.T
______
Kenyon, William S ___________
Kern, John W ________________
Da Follette, Robert M________
Lea, Luke.._.
Home post office.
Prescott. Ariz.
Macon, Ga.
Gainesville, Tex.
Jasper, Ala.
Boise, Idaho.
Portland, Oreg.
Louisville, Ky.
Pocatello, Idaho.
New London, Conn.
Trenton, N. J.
Salina, Ivans.
Kearney, Nebr.
Jacksonville, Fla.
Manchester, N. H.
Cleveland, Ohio.
Santa Fe, N. Mex.
Portland, Oreg.
Charleston. W. Va.
St. Paul, Minn.
Evanston, Wyo.
Uttle Rock, Ark.
Dalton, Mass.
Huron, S. Dak.
Dallas, Tex.
Springfield, 111.
Des Moines, Iowa.
Topeka. Ivans.
Little Rock, Ark.
Waterbury, Vt.
Missoula, Mont.
Winterthur, Del.
Three Rivers, N. Mex.
Jacksonville, Fla.
Franklin. I,a.
Concord, N. II.
Yankton, S. Dak.
Rockland. Me.
Lawton, Olda.
Dakota, N. Dale.
Denver. Colo.
Little Rock, Ark.
Omaha, Nebr.
Salisbury, Md.
Waterville, Me.
Birmingham, Ala.
Houston, Tex.
North Yakima. Wash.
Little Rock. Ark.
Fort Dodge, Iowa.
Indianapolis, Ind.
Madison, Wis.
Nashville, Tenn.
1 Resigned January 3. 1913.
2 Elected in place of Weldon B. Ileyburn, deceased.
5 Died January 3. 1913.
1 Appointed in place of Jeff Davis, deceased.
c Appointed in place of Isidor Itayner, deceased.
0 Appointed in place of Joseph W . Bailey, resigned.
Home post office.
Name.
Lippitt, Henry F.
Lodge, Henry Cabot
McCumber, Porter JMcLean, George P__
Martin, Thomas S.
Mar tine, James E---------Massey, W. A __________
Myers, Henry L ________
Nelson, Ivuute_________
Newlands, Francis G_
O'Gorman, James A.
Oliver, George T.
Overman, Lee S_.
Owen, Robert L__
Page, Carroll S.
Paynter, Thomas II.
Penrose, Boies.
Percy, Le Roy.
Perkins, George C-----Perky, Ivirtland I.8
----Pittman, K ey 8
-----------Poindexter, Miles_____
Pomerene, Atlee----Reed, Janies A -----Richardson, Harry
Root, Elihu—
Sanders, Newell-.
Sheppard, M orris1
’----Shively, Benjamin F_.
Simmons, F. M---------Smith, Ellison D_____
Smith, Hoke_________
Smith, John Walter—.
Smith, Marcus
Smith, William Alden.
Smoot, Reed__.
Stephenson, Isaac—.
Stone. William J.
Sutherland, George___
Swanson, Claude A —
Thomas, Charles S.u—
Thornton, John R ------Tillman, Benjamin R —
Townsend. Charles E—
Warren, Francis
Watson, Clarence W —
Webb, William R.1 ____
2
Wetmore, George P----Williams, John Sharp..
Works, John I>.
7 Elected in
8 Appointed
8 Elected in
10 Elected in
11 Elected in
12 Elected in
H.
Providence, R. I.
Naliant, Mass.
Wahpeton, N. Dak.
Simsbury, Conn.
Charlottesville, Ya.
Plainfield, N. J.
Reno, Nov.
Hamilton, Mont.
Alexandria, Minn.
Reno, Nev.
New York City.
Pittsburgh, Pa.
Salisbury, N. C.
Muskogee, Okla.
Hyde Park, Yt.
Frankfort. Ky.
Philadelphia, Pa.
Greenville, Miss.
Oakland, Cal.
Boise, Idaho.
Tonopah, Nev.
Spokane, Wash.
Canton, Ohio.
Kansas City, Mo.
Dover, Del.
New York City.
Chattanooga, Term.
Texarkana, Tex.
South Bend, Ind.
Newbern, N. C.
Florence, S. C.
Atlanta, Ga.
Snow Hill. Md.
Tucson, Ariz.
Grand Rapids, Mich.
Provo, Utah.
Marinette. Wis.
Jefferson City, Mo.
Salt Lake City, Utah.
Chatham, Ya.
Denver, Colo.
Alexandria, La.
Trenton, S. C.
Jackson, Mich.
Cheyenne, Wyo.
Fairmont, W. Va.
Bellbuckle, Tenn.
Newport, It. I.
Cedar Grove Farm, R, F. D. No. 1,
Benton, Miss.
Los Angeles, Cal.
place of Jeff Davis, deceased
in place of Weldon B. Ileyburn, deceased
place of George S. Nixon, deceased.
place of Joseph W . Bailey, resigned.
place of Charles J. Hughes, jr., deceased.
place of Robert L. Taylor, deceased.
o
t
.
'
-
NAMES AND POST-OFFICE ADDRESSES
OF
R E P R E S E N T A T IV E S A N D D E LE G A TE S
IN TH E
THIRD
SESSION
OF
THE
Ch am p C l a r k ,
Name.
Home post office.
Adair, John A. M_
Portland, Ind.
Adamson, William GCarrollton, Ga.
Aiken, Wyatt______
Abbeville, S. C.
Montrose, Pa.
Ainey, W. I). B ___
Akin, N. Y.
Akin, Tlieron______
Gallatin, Mo.
Alexander, Joshua W .
Cincinnati, Ohio.
Allen, Alfred G_____
Lowell, Mass.
Ames, Butler_____
Lanesboro, Minn.
Anderson, Sydney.
Yonkers, N. Y.
Andrus, John E____
Defiance, Ohio.
Ansberry, Timothy T.
Leavenworth, Ivans.
Anthony, D. It., jr_
Johnstown, Ohio.
Ashbrook, William A.
Knoxville, Tenn.
Austin, Richard W _
New York, N. Y.
Ayres, Steven B _____
Pittsburgh, Pa.
Barclifeld, Andrew J_
Rochester, Ind.
Barnhart, Henry A.
St. Louis, Mo.
Bartholdt, RiehardMacon, Ga.
Bartlett, Charles
Rates. Arthur L----------------------- Mead vide, Pa.
Batlirick, E. R ------------------------- Akron, Ohio.
Beall, Jack___________________ Waxahachie, Tex.
Bell, Thomas M----------------------- Gainesville, Ga.
Berger, Victor L ---------------------- Milwaukee, Wis.
Blackmon, Fred L-------------------- Anniston, Ala.
Boelme, John W ----------------------- Evansville, Ind.
Boolier, Charles F -------------------- Savannah, Mo.
Borland, William P------------------ Kansas City, Mo.
Bowman. Charles C.1
--------------- Pittston, Pa.
Bradley, Thomas W ----------------- Walden, N. Y.
Brantley, William G----------------- Brunswick, Ga.
Broussard. Robert F ----------------- New Iberia, La.
Brown, William G.. jr --------------- Ivingwood, W. Ya.
Browning, William J--------------- j Camden, N. J.
Buchanan, Frank--------------------- 1Chicago, 111.
Bulkley, Robert J--------------------- Cleveland, Ohio.
Burgess, George F -------------------- Gonzales, Tex.
Burke, Charles II______________ Pierre, S. Dak.
Burke, James F _______________ Pittsburgh, Pa.
Burke, Michael E ______________ Beaver Dam, Wis.
Burleson, Albert S_____________ Austin, Tex.
Burnett, John L_______________ j Gadsden, Ala.
Butler, Thomas S______________I West Chester, Pa.
Byrnes, James F______________ 1 Aiken, S. C.
Byrns, Joseph W ______________ Nashville, Tenn.
Calder, William M_____________ Brooklyn, N. Y.
Callaway, Oscar_______________ Comanche, Tex.
Campbell, Philip P____________ Pittsburg, Ivans.
Candler, Ezekiel 8., jr _________ Corinth, Miss.
Cannon, Joseph G_____________ Danville, 111.
Cant rill. James C______________ Georgetown, Ivy.
Carlin, Charles C______________ Alexandria, Va.
Carter, Charles D____________ Ardmore, Okla.
Cary, William J______________ Milwaukee, Wis.
Clark, Champ________________ Bowling Green, Mo.
Clark, Frank_________________ Gainesville, Fla.
1 Scat declared vacant December 12, 1912.
SIXTY-SECOND
CONGRESS.
Speaker, Bowling Green, Mo.
Name.
Claypool, Horatio C
Clayton. Henry D__
Cline, Cyrus_______
Collier, James W
Conry, Michael F___
Cooper, Henry A ___
Copley, Ira C________
Covington, J. Harry___
Cox, James M.s_.
Cox, William E_.
Crago, Thomas S_
Cravens, Beu___
Crumpacker, Edgar D_.
Cullop, William A _____
Curley, James M_______
Currier, Frank D___
Curry, George
Dalzell, John____
Danforth, Henry G—
Daugherty, James A_
Davenport, James S_.
Davidson, James H—
Davis, Charles R —
Davis, John W_
De Forest, Henry S------Dent, S. Hubert, jr _____
Denver, Matthew R__
Dickinson, Clement CDickson, William
Dies, Martin____
Difenderfer, Robert E__
Dixon, Lincoln—
Dodds, Francis H_
Donohoe, Michael_
Doremus, Frank E---------Doughton, Robert L _____
Draper, William H ---------Driscoll, Daniel A _______
Driscoll, Michael E----Dupre, II. Garland--------Dwight, John W------------Dyer, L. C—
Edwards, Charles G------Ellerbe, ,T Edwin----------.
Escli, John J----------------Estopinal, Albert----------Evans, Lynden-------------Fairchild, George W -----Faison, John M------------Farr, John R ---------------Fergusson, II. B------------Ferris, Scott-----------------Fields, William J.
Finley, David
Fitzgerald, John J____
Flood, Henry D----------
Home post office.
Chillieothe. Ohio.
Eufaula, Ala.
Angola, Ind.
Vicksburg, Miss.
New York, N. Y.
Racine, Wis.
Aurora, III.
Easton, Md.
Dayton, Ohio.
Jasper, Ind.
Waynesburg, Pa.
Fort Smith, Ark.
Valparaiso, Ind.
Vincennes, Ind.
Boston, Mass.
Canaan, N. II.
Tularosa, N. Mex.
Pittsburgh, Pa.
Rochester, N. Y,
Webb City, Mo.
Vinita, Okla.
Oshkosh, Wis.
St. Peter, Minn.
Clarksburg, W. Ya.
Schenectady, N. Y.
Montgomery, Ala.
j Wilmington, Ohio.
Clinton, Mo.
Centerville. Miss.
Beaumont, Tex.
Ashbourne, Pa.
North Vernon, Ind.
Mount Pleasant, Mich.
Philadelphia, Pa.
Detroit, Mich.
Laurel Springs, N. C.
Troy, N. Y.
Buffalo, N. Y.
Syracuse, N. Y.
New Orleans, La.
Dryden, N. Y.
St. Louis, Mo.
Savannah, Ga.
Marion, S. C.
La Crosse, Wis.
Estopinal, La.
Chicago, 111.
Oneonta, N. Y.
Faison, N. C.
Scranton, Pa.
Albuquerque, N. Mex.
Lawton, Okla.
Olive Hill, Ivy.
Yorkyille, S. C,
Brooklyn, N. Y.
Appomattox, A'a.
2 Resigned January 12, 1913.
5
LIST OE MEMBERS
G
Names and post-office addresses of Representatives and Delegates of the House of Representatives—Continued.
Name.
Home post office.
Floyd, John C
F n ch t, B e n ja m in K
Fordney, Joseph W
Fornes. Charles V
Foss, George E
Foster, Martin D
F o w le r, IT
_
_
_ _
Tfnhet-f
Francis, William B
_-
Garner, John N
Garrett, Finis J
G ill, Patrick F
Gilletf, F re d e ric k T
T
Glass, Carter
_
_ .
G od w in , H a n n ib a l L
Gneke, J H
G o ld fo g le , ITenrv M
------- --
Good, James W
G oo d w in , W illia m
G ould, S am u e l W
S
... .
Graham, James M
G ra y , F in ly TT
G reen, W illia m R...................
G reene, F ra n k L
G reene, W illia m S
G regg , A W
G rie sf, W illia m
W
Gudger, James M„ jr _________
G u e rn sey . F r a n k F.
Hamill, James A
Hamilton, Edward L
_____
H a m ilto n . John M
H a m lin , G o n rtn e y W
Hammond, Winfield S
Hanna, Louis B.1
___
.
------
.
H a rd w ic k , T h o m a s W
Hardy, Rufus
_
H a r r is , R o b e rt f)
H a r r iso n , B y ro n P
H a rriso n , F r a n c is B
_______________ ___
Hart, A. C.2
Hartman, Jesse L____________
H a u g e n , G ilb e rt N
H a w le y , Willis ft
H a y , .Tames
Hayden. Carl
Ilayes, Everis A
Hen Id. William If
Heflin, J. Thomas
Helgesen. Henry T
Helm, Harvey
Henry, E. Stevens
____
________
H e n r y , R o b e rt L
TTonslev, W a lt e r L
H ig g in s , E d w in W
H ill, E b e n e ze r .T
Hinds, Asher C
_ ________
H o b so n , R ich m on d P
Holland, E. E
_
Houston, William C _ ---------- -H o w a r d , W illia m
H o w e ll, Joseph
S
Ilowland, Paul
Hughes, Dudley M
_
_ _
_
H u g h e s , .Tames A
Hull, Cordell
Humphrey, William E
Humphreys, Benjamin G_____
Jackson. Fred S
.Tacoway. Henderson A
T
James, Ollie M
Yellville, Ark.
Lewisburg, Pa.
Saginaw, Mich.
New York, N. Y.
Chicago, 111.
Olney, 111.
Elizabethtown, 111.
Martins Ferry, Ohio.
Moscow, Idaho.
Belvidere, 111.
Chicago, 111.
Hamilton, Mass.
Egg Harbor City, N. J.
Uvalde, Tex.
Dresden, Tenn.
New York, N Y.
St. Louis, Mo.
Springfield, Mass.
Lynchburg, Va.
Dunn, N. C.
Wapakoneta, Ohio.
New York, N. Y.
Cedar Rapids, Iowa.
Warren, Ark.
Skowhegan, Me.
Springfield, 111.
Connersville, Ind.
Audobon, Iowa.
St. Albans, Vt.
Fall River, Mass.
Palestine, Tex.
Greensburg, Pa.
Lancaster, Pa.
Asheville, N. C.
Dover, Me.
Jersey City, N. J.
Niles, Mich.
Grantsville, W. Va.
Springfield, Mo.
St. James, Minn.
Fargo, N. Dak.
Sandersville, Ga.
Corsicana, Tex.
E. Bridgewater, Mass.
Gulfport, Miss.
New York, N. Y.
Hackensack, N. J.
Hollidaysburg, Pa.
Northwood, Iowa.
Salem, Oreg.
Madison, Va.
Phoenix, Ariz.
San Jose, Cal.
Wilmington, Del.
Lafayette, Ala.
Milton, N. Dak.
Stanford, Ky.
Rockville, Conn.
Waco, Tex.
Farmington, Mo.
Norwich, Conn.
Norwalk, Conn.
Portland, Me.
Greensboro, Ala.
Suffolk, Va.
Woodbury, Tenn.
Decatur, Ga.
Logan, Utah.
Cleveland, Ohio.
Danville, Ga.
Huntington, W. Va,
Carthage, Tenn.
Seattle, Wash.
Greenville, Miss.
Eureka, Ivans.
Dardanelle, Ark.
Marion. Ky.
1 Resigned January 7, 1913.
2 Elected in place of W illiam Hughes, resigned.
s Lied January 30, 1913.
Name.
Johnson, Ben___________
Johnson, 'Joseph T______
Jones, William A _______
Kahn, Julius____________
Kendall, N. E___________
Kennedy, Charles A _____
Kent,. William__________
Kindred, John J________
Kinkaid, Moses P_______
Kinkead, Eugene E_____
Kitchin, Claude_________
Knowland, Joseph It_____
Konig, George___________
Konop, Thomas F _______
Kopp, Arthur W ________
Korbly, Charles A ______
La Follette, William L__.
Lafferty, A. W __________
Lafean, Daniel F_______
Lamb, John_____________
Langham, Jonathan N—
Langley, John W ______ _
Lawrence, George P_____
Lee, Gordon_____________
Lee, Itobert E___________
Legare, George S.3
______
Leu root, Irvine L_______
Lever, Asbury F________
Levy, Jefferson M______
Lewis, David J_________
Lindbergh, Charles A ___
Lindsay, George II______
Linthieum, J. Chas_____
Littlepage, Adam B_____
Littleton, Martin W_____
Lloyd, James T_________
Lobeck, C. O____________
Longworth, Nicholas____
Loud, George A _________
McCall, Samuel W______
McCoy, Walter I ________
McCreary, George D____
McDermott, James T ____
McGillicuddy, Daniel J__.
McGuire, Bird___________
McHenry, John G.4
______
McKellar, Kenneth D____
McKenzie, John C_______
McKinley, William B____
McKinney, James_______
McLaughlin, James C___
McMorran, Henry_______
Macon, Itobert B________
Madden, Martin B_______
Maguire, John A ________
Maher, James P_________
Mann, James R _________
Martin, Eben W ________
Martin, John A _________
Matthews, Charles______
Mays, Dannitte H _______
Merritt, E. A., jr.5
_______
Miller, Clarence B______
Mondell, Frank W ______
Moon, John A ___________
Moon, Reuben O________
Moore, J. Hampton_____
Moore, John M__________
Morgan, Dick T_________
Morgan, L. L___________
Morrison, Martin A _____
Morse, Elmer A_________
Moss, Ralph W _________
Mott, Luther W_________
Murdock, Victor_________
Murray, William F_____
Needham, James C______ *
Home post office.
Bardstown, Ky.
Spartanburg, S. C.
Warsaw, Va.
San Francisco, Cal.
Albia, Iowa.
Montrose, Iowa.
Kentfield, Cal.
Long Island City, N. Y.
O’Neill, Nebr.
Jersey City, N. J.
Scotland Neck, N. C.
Alameda, Cal.
Baltimore, Md.
Kewaunee, IVis.
Platteville, Wis.
Indianapolis, Ind.
Pullman, Wash.
Portland, Oreg.
York, Pa.
Richmond, Va.
Indiana, Pa.
Pikeville, Ky.
North Adams, Mass.
Chickamauga, Ga.
Pottsville, Pa.
Charleston, S. C.
Superior, Wis.
Lexington, S. C.
New York, N. Y.
Cumberland, Md.
Little Falls, Minn.
Brooklyn, N. Y.
Baltimore, Md.
Charleston, W. Va.
Port Washington, N. Y.
Shelbyville, Mo.
Omaha, Nebr.
Cincinnati, Ohio.
Au Sable, Mich.
Winchester, Mass.
East Orange, N. J.
Philadelphia, Pa.
Chicago, 111.
Lewiston, Me.
Pawnee, Okla.
Benton, Pa.
Memphis, Tenn.
Elizabeth, 111.
Champaign, 111.
Aledo, 111.
Muskegon, Mich.
Port Huron, Mich.
Helena, Ark.
Chicago, 111.
Lincoln, Nebr.
Brooklyn, N. Y.
Chicago, 111.
Deadwood, S. Dak.
Pueblo, Colo.
New Castle, Pa.
Monticello, Fla.
Potsdam, N. Y.
Duluth, Minn.
Newcastle, Wyo.
Chattanooga, Tenn.
Philadelphia, Pa.
Philadelphia, Pa.
Richmond, Tex.
Woodward, Okla.
Covington, La.
Frankfort, Ind.
Antigo, Wis.
Center Point, Ind.
Oswego, N. Y.
Wichita, Ivans.
Boston, Mass.
Modesto, Cal.
* Died December 27, 1912.
BElected in place of George R. Malby, deceased.
LIST OF MEMBERS
Names and post-office addresses of Representatives and Delegates of the House of Representatives—Continued.
Name.
Home post office.
Name.
Hutchinson. Ivans.
Madison, Wis.
McCook, Nebr.
Minneapolis, Minn.
Batesville, Ark.
Harrisburg, Pa.
Providence, R. I.
Columbia, Tenn.
Biscoe, N. C.
Stroudsburg, Pa.
Palmer A Mitchell
St. Leonard. Md.
Pnrrnn, Tlinnips
New York, N. Y.
Curwensville, Pa.
Patton, diaries E
Auburn, N. Y.
Payne, Serena E
Muscatine, Iowa.
Pepper, Irvin S
Boston, Mass.
Peters, A nd re\y .T
Waterloo, Iowa.
Pickett, diaries E
Northfield, AT.
Plumley, Frank
Pittsburgh, Pa.
Porter, Stephen G
Washington, Ohio.
Post, James r>
Smithfield. N. C.
Pon, Edward AV
Powers, Caleb------------------------ Barbourville, Ivy.
Fort Benton, Mont.
Pray, Charles N
Galesburg, 111.
Prince, George W
Des Moines, Iowa.
Prouty, S. F
—
Lake Charles, La.
Pujo, Arsine P
Carrollton, III.
Rainey, Henry T
A1turns, Cal.
Raker, John E
Sherman, Tex.
Randell, Choice B
Lake Providence, La.
Ransdell. Joseph E
Marion, Ind.
Rauch, George W
Brooklyn, N. Y.
Redlield, William C
Minneapolis, Ivans.
Rees, Rollin R
Reilly, Thomas L
_
_ - Meriden, Conn.
Philadelphia, Pa.
Reyburn, William S
_
Huntsville, Ala.
Richardson, William
New York, N. Y.
Riordan, Daniel J
Carson City, Nev.
Roberts, E. E
Chelsea, Mass.
Roberts, Ernest W
Lonoke, Ark.
Robinson. Joseph T.1
Thomasville, Ga.
Roddenherv, S. A
East St. Louis, III.
Rodenberg, William A
Reading, Pa.
Ttnthermol, John T
T
Burlington, Ivy.
Rouse, Arthur R
Lebanon, Mo.
Ruhev, Thomas Tj
Fort Logan, Colo.
Rneker Atterson A
V
Iveytesville, Mo.
R.iieker William W
Charleston, Mo.
Chicago, 111.
Sahath Adolph J
Bleak Hill, A'a.
Sioux City, Iowa.
South Amboy, N. J.
Scully, Thomas J
Johnson City, Tenn.
Sells, Sam R
Jefferson City, Mo.
Shackleford, Dorsey W
Sharp, William G_____________ Elyria, Ohio.
Texarkana. Tex.
Sheppard, M orris3 _
Sherlev, Swager
Louisville, Ivy.
Sherwood Tsanc R
Toledo, Ohio.
Niagara Falls, N. Y.
Simmons, James S
Sims Thetns A r
\
Linden, Tenn.
Winona, Miss.
Slavden, James T,
San Antonio, Tex.
Rig Stone Gap, A
ra.
Slemp, C. Bascom
Sloan, Charles II
Small, John II
Smith, Charles B
Smith, J. M. C.
Smith. Samuel A~
A
Smith, Sylvester C.*
Smith, William R
Sparkman, Stephen M
Speer. Peter M.
Stack, Edmund J
Stanley. Augustus O
Stedman. Charles M
j Steenerson, Ha Ivor
! Stephens. Dan A
r
1 Stephens, Hubert D
Stephens, John II
Stephens. William T)
1 Sterling, John A
1 Stevens, Frederick C
Stone, Claudius U
j Sullowav, Cyrus A
j Sulzer, William 6
___
Sweet. Edwin'F _ .
■ Switzer. Robert M
Taggart, Joseph
Talbott, ,T Fred. C
.
Talcott, Charles A
1 Taylor, Edward L., jr
Taylor, Edward T
j Taylor, George AY
Taylor, Sam M.°
|Thayer, John A
i Thistlcwood. Napoleon B
j Thomas. Robert Y jr
Tilson, John Q
i Towner, Horace M
Townsend. Edward A
V
1 Tribble, Samuel J
i Turnbull, Robert
Tuttle, AATlliam E„ jr
I Underhill, Edwin S
1 Underwood. Oscar W
j All re, William S
! A'olstead, Andrew J
! ATeeland, Edward R
Warbnrton, Stanton
Watkins. John T
Webb, Edwin Y
_ .
AA'edemever, William A _
\\7
Weeks, John W
AATiitacre, John J
AATiite, George
______
AVilder, William II
AVillis. Frank B _ _ _
Wilson, Frank E______________
AATlson, William P
»
Wilson, William A f
A
____
AAItherspoon, S. A
Wood, Ira W
AT
Aoods, Frank P
_ __
_
Young, II. Oliu
Young, I. D
-------------------Young, James--------------------------
Home post office.
Geneva, Nebr.
Washington, N. C.
Buffalo, N. Y.
Charlotte. Mich.
Pontiac, Mich.
Bakersfield, Cal.
Colorado, Tex.
Tampa, Fla.
Oil City. Pa.
Chicago, 111.
Henderson, Ivy.
Greensboro, N. C.
Crookston, Minn.
Fremont, Nebr.
New Albany, Miss.
A
rernon, Tex.
Los Angeles, Cal.
Bloomington, 111.
St. Paul, Minn.
Peoria, 111.
Manchester. N. II.
New York, N. Y.
Grand Rapids, Mich.
Gallipolis, Ohio.
Lawrence, Ivans.
Lutherville, Md.
Utica, N. Y.
Columbus, Ohio.
Glenwood Springs, Colo.
Demopolis, Ala.
Pine Bluff. Ark.
A rorcester, Mass.
A
Cairo. 111.
Central City, Tvv.
New Haven, Conn.
Corning. Iowa.
Montclair, N. J.
Athens, Ga.
Lawrenceville, A'a.
Westfield, N. J.
Corning, N. Y.
Birmingham, Ala.
Philadelphia, Pa.
Granite Falls, Minn.
Salamanca, N. Y.
Tacoma, A T
Aash.
Minden, La.
Shelby, N. C.
Ann Arbor, Mich.
Newton. Mass.
Canton, Ohio.
Marietta, Ohio.
Gardner, Mass.
Ada. Ohio.
Brooklyn, N. Y.
Blossburg, Pa.
Chicago, 111.
Meridian, Miss.
Trenton. N. J.
Estlierville, Iowa.
Ishpeming, Mich.
Beloit, Ivans.
Kaufman, Tex.
DELEGATES.
Kalanianaole. Jonah Iv _
_
AAIckersham, James----------------- Fairbanks, Alaska.
Honolulu, Hawaii.
RESIDENT COMMISSIONERS.
Legarda, Benito
Quezon, Manuel L
Manila, P. I.
Manila. P. I.
1 Resigned January 15. 1013.
2 Elected in place of Elbert II. Ilubbard, deceased.
3 Resigned February 3, 1913, having been elected Senator.
* Died January 20, 1013.
Rivera, Luis M
San Juan, P. R.
5 Resigned January 1, 1913.
0 Elected in place of Joseph T. Robinson, resigned.
7 Died January 2, 1913.
mm
CONGRESSIONAL KECOIID INDEX.
O L IV E R — Continued.
AIo1i\is and resolution* offered by
ghnm, Ilonry II., George W . Kipp, and John G. M cIIenry:
lotice of eulogies on, 2084, 8268.
P ctitio\s and payers presented by, from
___
C it*e n s and individuals, 855, 898, 1047, 1203, 1761, 2202.
ties and associations, 835, 400, 898, 1047, lo 9 8 , 1S15,
3320, 4259.
Remarks fk/, on
_
Adulterated food and drugs. 8503, 4280. 4287, 4299, 4,>00, 4.>0_.
Arehhanj. Robert IV. : impeachment trial of, 770, 842, 846, 1498.
Battleships. 4313, 4814, 4315. 4816.
BinghamXlIenry II. : death of, 4188.
CampaignVunds investigation, 1051, 1032.
Deficiency Appropriation bill, 4415.
District of Oplumbia appropriation bill, 3240, 3384, 3393.
Kipp, George\W. : death of, 4189.
LoudeDslager, IJarry C. : death of, 4107.
McHenry, J o h r n ll.: death of, 4190.
Presidential term, 2862.
Schiffer, Samuel ^ relief of representatives, 2482.
Sherman, James SW death of. 8211.
Unanimous-consent Agreement, 1827.
Reports made by, from \
Committee of conference^
____
Adulterated food and d^tigs (bill H. R. 2 2 3 2 0 ), 428G, 4299.
Committee on Claims :
\
Massachusetts war expenses (Ropt. 11SS), 2586.
Schiffer, Samuel (Rept. 11X7), 1908.
Committee on Commerce :
\
Keen. James W . (Rept. 1278?* 3472.
Committee on Interstate Commerce :
Interstate corporations (Rept. 1 8 2 0 ), 4132.
Committee on Manufactures :
\
Adulterated foods and drugs (Rept. 1 2 1 6 ), 3273, 3274.
Votes of. Rcc Y ea -and -Nay V otes .
%
.
O L IV E R , R U SSE L L E., increase pension (&p bill II. R. 2 7 8 7 4 * ).
O L IV E R , SAM U EL, pension (see bill S. 840<k).
S. 8343, 8 5 4 1 * ).
O LIVER , W IL L IA M , increase pension (sec bir
O L M STEAD , CLINTON E., increase pension (so? Skills, S. 7380, 8 1 7 8 * ).
R. 2 7 9 3 5 ).
O L M STEAD , NANCY, increase pension (see bill
mnsylvania).
O LM STED, M AR LIN E. (a Representative from
Attended, 4.
Amendments offered by, to
V
Navy appropriation bill, 8938.
R ailroads: bill (II. It. 22593) for physical valuat >n of, 71.
Bills and joint resolutions introduced by
Bowman, William I ) .: to pension (see bill II. It. 27X 68), 1115.
l ’rvmior, John E . : to increase pension (see bill ll> 4 1 . 2 7 7 6 9 ),
1115.
\
Kempton. Sydney: to pension (see bill IT. R. 2 7 7 6 7 ), "
Matter. Henry S. : to pension (see bill II. R. 2 7 7 6 6 ),
Mitchell, Alexander I I .: to increase pension (see b ill'd l
2 8 3 7 1 ), 1906.
Zerbe, James E . : for relief (see bill II. R. 2S726) 2,967.
Petitions and papers presented by. from
Citizens and individuals, 3052.
Societies and associations, 197, 2967.
Remarks by, on
Alaska coal. 3 9 2 9 , 8980.
Carlisle Indian School. 554.
Conant C. E v e rett: letter from, 8509.
Customs Service reorganization. 3449.
Deficiency appropriation bill, 4226.
563.
District of Columbia appropriation bill,
Indian appropriation bill, 554, 878.
Internal-revenue districts : reduction of.
lion bill. 192.
Legislative, executive, and judicial app»
New Jersey and New York harbor_ U n ic o m mission, 2
Pennsylvania judicial districts, 4357.
Philippine independence, 3 0 84-3091
71, 170, 171, 172.
Physical valuation of railroads,
Point of order, 1525.
L
Post Office appropriation bill, 1 *>?•>.
Sundry civil appropriation b ill^ :4 6 4 .
Taking leave of House, 4220.,,'
T otes of. Sec Y i: a-and -Nay V otes .
O LN EY, GEORGE B., increase pension (see bill S. 7 8 1 8 ).
O L N E Y, IL L ., erect public buijpfhg at (sec bill II. R. 2 8 7 6 6 * ).
OLYM PIA U nited sta les ship), amendment in Senate relative to re
pair and preservation of, 3633.
O L YM P IA . W A SH .. increjBe appropriation for public building at (see
bill S. 6 2 S 8 *i. S
Memorial of c i t i e s on death of Vice President James School
craft Shermanlr.81, 82.
O L Y P H A N T , PA., ci.tffu public building at (sec bill H. It. 2 8 7 0 6 * ).
O’M ELVK N Y . JI. Xm. sill certain land to (see bill S. 7 3 1 9 * ).
O M N IBU S C L A i J # B IL L . Ncc C l a im s .
’
ON B ILL S. &cc P e n sio n s .
O M N IBU S 1“!
M iN X ., report of Secretary of W ar on survey of (II.
O N A M IA LA
Docjjp864 ), 2762.
ONE H UNDR ED YEAR S OF PEACE AMONG E N G L ISH -SP E A K IN G
PjJOPLH, addi '-s delivered by Representative Ainey, of I’enn1vania. entitled, 856.
tide by Henry Cabot Lodge entitled (II. Doc. 1 2 6 8 ), 1501.
O N EIQ ft. N. Y „ amendment in Senate to increase appropriation for
public building at. 3324.
Bill to purchase site for public building at (sec bill II. It.
2 8 7 6 6 *).
OIL, M ARY, pension (sec bill S. 7 6 4 1 ).
’N EIL L , NEBIt., erect public building at (sec bills H. R. 27065,
2 7 2 0 1 ).
ON EONTA, N. Y „ convey certain strip of laud to city of (sec bill H . R.
2 8 7 6 6 * ).
O P E L IK A . A L A ., regulate holding LT
nitcd States courts at (see bill
II. It. 2 7 8 2 7 * ).
Bill to increase appropriation for public building at (see bill
II. R. 2 8 7 6 6 * ).
OPIUM , registration and taxation of dealers in and producers of (see
bills II. It. 28023, 2 8 2 7 7 ).
Estimates of appropriation for suppression of traffic in (H. Docs.
1043, 1193, 1 3 0 5 ), 195, 989, 2185.
O PPER M AXN , CONRAD, pension (sec bill II. It. 2 7 0 6 2 * ). f
O PTIO N S. Sec S tock E xch an ges .
ORANGE, T E X ., purchase site for public building at p e e bills H. It.
26815, 27132, 2 8 7 6 6 * ).
£
Bills to erect public building at (sec b ills/??. 8 3 5 7 ; II. It.
2 8 7 6 6 * ).
«S
ORANGE CO M M ER CIAL CLUB. T E X A S , allow them to bridge Sabine
River (see bill H. It. 2 8 0 9 8 * ).
ORANGE COUNTY, N. Y ., granting condemned1cannon to AVallkill Val
ley Cemetery Association in (seer bills S. 8273* ; II. It.
2 8 4 6 9 * ).
ORCUTT, JOHN D., pension (sec bill S ./T 7 4 2 ).
ORDER OF LA R K S, memorial of Supreme Temple relative to bird
conservation and protection. JF585.
ORD N AN CE A N D F O R T IF IC ATIO N S . See also C ondemned Cannon .
Annual bill making appropriations for (see bill II. It. 2 8 1 8 6 * ).
Bill fixing penalty for unlawful disposition of ordnance or ord
nance stores (sec bill If. It. 2 7 0 7 6 ).
Bill to fix penalty for■interference with or destruction of har
bor-defense syste m s/) sec hill II. It. 2 8 7 6 3 ).
Letter of Secretary <jr W ar transmitting annual report of board
of (II. Doc. 9 4 5 ) /1 9 7 . 290.
Letter of Secretary of W ar transmitting annual report of cost
of manufacture of guns and other ordnance stores (II. Doc.
1 0 3 9 ), 134. j f
Letter of Secretary of W ar transmitting recommendation for an
Increased Appropriation for automatic machine rifles (II. Doc
1 1 7 7 ), W t .
ORDNER, M AR Y, increase pension (sec hill II. R. 2 7 4 7 5 * ).
OREGON, relief of purchasers of lands in Um atilla Indian Reservation
m M e e bill S. 8 2 2 5 * ).
B ill/fo reconvey Sand Island to State of (see bill S. 7 9 7 1 ).
granting public lands to State of (sec bill S. 8 0 8 4 ).
to adjust conflicting claims to lands in the Corvallis and
faquina Bay military wagon-road grant in (see bill II. It.
8 1 5 1 * ).
providing for entry of certain oil lands in (see bill S. 7 5 1 7 ).
for relief of certain entrymen in former Silctz Indian Resrvation in (see bill If. R. 2 7 2 0 8 ).
Letter of secretary of state transmitting electoral vote of Slate
for President of United States, 563, 698.
Memorial of legislature favoring constitutional amendment to
prohibit polygamy, 2400, 2468, 2634.
Memorial of legislature favoring legislation for protection of
migratory game birds, 2400, 2463, 2684.
Memorial o f legislature for return of the Siuslaw National For
est Reserve to settlement, 2526.
Memorial of legislature favoring bill for protection and increase
of State game resources, 2684, 2677.
Memorial of legislature favoring bill (IT. R. 14053) increasing
pensions of Indian war veterans, 2634, 2677.
Ratification by legislature of seventeenth amendment to Consti
tution of United States relating to election of United States
Senators, 2899.
Memorial of legislature for completion of Cclilo Canal, 3305,
, 3470.
Memorial of legislature to establish fish hatchery on Klam ath
‘ .Indian Reservation, 3625.
imorial of legislature on subject of marriage and divorce
feO u.8471.
Memorial of legislature relative to closing of drawbridges in
_ .o f Portland across Willamette River, 3305, 3470.
Memorial of legislature favoring bill (S. 8008) for construction
of public roads, 2968, 3025, 3182.
M emorial, of legislature for relief of settlers on lands within
reclamation projects, 2969, 3025. 3132.
Memorial ra. legislature favoring bill to create Saddle Mountain
National Ifoirk, 3625, 3760, 8S01, 4560.
Memorial oL egislatu re for improvement of Tillamook Bay, Coos
Bay. CoquiI% River, and Port Orford, 3305, 3471.
Memorial of legislature for annual appropriations for protection
of watersheds ‘from forest fires, 29(59. 3025, 3182.
Memorial of legislature for appropriation for improvement of
W illamette River? ,2968, 3025.
Memorial of legislature for amendment of patent and copy
right laws, 3863, 4560.
Memorial of Icgislatu m favorin g the so-called Asiatic exclusion
act, 3868, 4124, 4566% .
OREGON, MO., donate condensed cannon to city of (see bill S.
8 2 7 8 * ).
1L
OREGON CAVES N AT IO N AL PAR K , establish (see bills S. 7945 •
II. R. 27 7 8 2 ).
OREGON SLOUGII. W ASH ., report ofGSecretary of W ar on survey of
(II. Doc. 1 0 70), 290.
^
OREGON T R A IL, memorial of Legislature
^ ashington for mouun iA n f c to m sn*lf 3563, .‘ Ifi
ments
mark,
3566, 362a
O ’R E IL E Y , E L IZ A B E T H , increase pension
bill n. R. 27475*).
O’R E IL LY . FRA NC ES I ’., increase pension (
S. 8432, 8540*;
II. R. 2 8 4 9 1 ).
O R G AN IZED M IL IT IA . Sec M il it ia .
O R IE N T A L IM M IG R ATIO N . Sec I m m ig r a t io n .
ORLANDO, F L A ., erect public building at (sec bill ITL.R. 2 8 7 6 6 * ).
O R FH A (sloop), report of Court of Claims on clainrE*>f owners o '
(II. Doc. 1 1 8 2 ), 505, 568.
%
OIIR, JOHN, pension (see bill S. S 521).
O SAGE CITY', K AN S., amendment in Senate making appropriation to
purchase site and erect public building at, 899.
The * indicates bills acted upon. See “ History of Bills."
■
1^ 8
*
CONGRESSIONAL RECORD CNDEX.
, OW EGO, N. Y ., erect public building at (see bill IT. R. 287GG*).
OSAGE INDIANS. See I n d ian s .
OSAfcE NATION. See O k l a h o m a .
T.UET.LA A., artASH lfW lflf(8 "lb ,lTffli1
MiS'SoiilTTRveTlSy, !!192T~-...
O W EN , ROBERT L. (a Senator from Oklahoma).
OSBORNE, H AR R Y SI., papers withdrawn in Senate, 3275.
Attended, 136.
O SB O ^s’ E. L E W IS M ., increase pension (see bill H. R. 2704G).
Appointed conferee, 2684.
O’SIIA jlN E SSY , GEORGE F. (a Representative from Rhode Island).
Appointed chairman of Committee on Indian Depredations. 957
Attended. 4.
Appointed on committee to consider improvement of Senate
Bills fa d joint resolutions introduced by
Chamber, 2429.
£ % le ; Bernard: to increase pension (see bill H. R. 2„fl6l8), 78.
Credentials presented, 4125.
Brfctol, R. I . : to enlarge public building at (see .s ill II. R.
Relieved from service on Committee on Pacific Railroads, 915.
2 *7 6 1 ), 3203.
J?
'Amendments offered by, to
B u A ley, A n n ie: to increase pension (see bill IT. R. 2p >23), 79.
Agricultural appropriation b ill: Dry Farming Congress, 41G4.
Corporation t a x : to amend act to levy (see bill HM R. 2 8 8 0 4 ),
Indian appropriation b ill: relief of Ivy L. Merrill, 899.
34*8.
W
,----------- relief of loyal Creek Indians. 1482.
D a v i» M a r y E. : to increase pension (see bill IT. R ^S 87 3 3 ), 3025.
.----------- Five Civilized Tribes, 2079,> 3909.
Drakfl^Alphonzo L . : to increase pension (see b ill/Il. R. 2 7 3 5 0 ),
.-------— Old Goodland Indian Industrial School, 2079.
■----------collection of rents of unallotted lands and tribal build,
■
ings, 2079V
Drake,%\lphonzo O .: to increase pension (see hm H . R. 2G922),
.-----------relief of Henry Kendall College, 2209.
Drown, gane M. : to increase pension (see bill Jj. R. 273G0), 75G.
relief of Seminole Indians, 2209.
Dunn, I%rbert O .: for relief (see bill II. R. 2SD90), 1531.
Legislative, executive, and judicial appropriation bill, 1564, i q i »
Gray, Gelmvra E. : to increase pension (see biJjjIH. R. 2 7 3 5 7 ), 750.
President of United S tates: joint resolution (S. J. Res. 78)
Haz’aard, * I a r y : to increase pension (see biliell. R. 2 7 3 6 1 ), 750.
viding for one term of six years, 2280, 2360.
1
Ilill, W a i % A .: for relief (see bill II. It. 2$ffi48), 8861.
Public buildings: bill (IT. it. 2876(1) to erect, 4054, 4059, 40fir
>
Loud, C a i% rin e : to increase pension (see jjjfll II. R. 2 6 6 2 0 ), 78.
River and harbor apnropriation b ill: improvement of W iliam ,E!;
McCann, S&rah E . : to increase pension i fce bill II. R. 2S1G8),
River, Oreg.. 2210. x
l<
“
1648.
%
------------veto of items in, 3788.
Maker, Amo*,; for relief (see bill II. R. 22f394). 824.
Bills and joint resolutions introduced by
Mathewson, IjLiria A . : to increase pension (see bill H . R. 2GG21),
Campaign contributions: providing means for making effectivo
law relating to publicity of (see bill S. 8 1 1 8 ), 1482.
M ilitia : to ar|end act to promote e
f of (see bill H. R.
Choctaw and Chickasaw Indians : to adjudicate claim of (sec bin
2 7 7 8 m 1201.
S. 8 1 4 0 ), 1535.
1
1-----------to ameiffl law relative to ar
nd equipments for (see
Choctaw and Chickasaw N ation s: to adjudicate claims of
bill H % R . 2 7 7 8 8 ), 1201.
bills S. 8076, 8 1 3 8 ), 1396, 1535.
(see bill H. R. 2G619), 78.
Millikin, Sarah
to increase pens!
----------- extending time for survey, classification, and appraise
pension (see bill H. It.
Pollard, M a r g u r ^ D . : to increai
ment of surface of segregated coal and asphalt lands nf
(see S. .T lies. 1 4 9 ), 1258.
.
' 1
2G708), 136.
Cox. Soberon .T M. : to pension (see bill S. S O U ), 1258.
.
Regan, Ann M. :
increase pensiois (see bill II. It. 2 7 3 9 3 ), 824.
Itiplcy, Rachel: to in crease pension’ (see hill II. It. 2 7 3 5 8 ). 750.
Domestic animals and poultry: to prevent interstate transport,!
tion of adulterated feeding material for (see bill ,S. 8 1 7 7 *'
Smith, Johanna: to|increase pension (see bill IT. R. 2 0 6 1 7 ). 78.
1652.
Smith, Lucy A . :
increase pdpion (see bills II. It. 26622,
England, Neal, alias Joseph England: to pension (see bill q
273 5 6 ), 79, 756. %
7 7 2 9 ), 509.
Warren. R. I. : to eref^ public bupliug at (see bill H. R. 2G4G5), 5.
Five Civilized T ribes: to authorize certain changes in re stric ts
Motions and. resolutions offered by /
allotments of (see bill S. 8 5 1 3 ), 3323..
Utter, George H . : on % a th of M ee H. Res. 7 1 4 ), 5.
IIcss, Samuel L. : to increase pension (see bill S. S 042), 1258
:------------fo r eulogies o n ^ se e HjlRes. 8 2 4 ), 2884.
Iowa Indians: for relief (see bill S. 8 1 1 7 ), 1482.
------------order for eulogise on, Jo 28,
Legislative reference bureau: to establish (see bill S. 783G, 8335)
Petitions and papers presented bits froth
899: 2 428 a
’•
Citizens and individuals®* 30-St. 3204, 3469, 43G1.
McCoonse, Joseph: to pension (see bill S. 7 8 3 4 ), 800.
Societies and association^, S95, 2068, 2526, 2635, 3026, 3052,
.Shawnee and Delaware Indians: for relief (sec bill S. 7835)
3204, 3306, 3469, '
890.A
Remarks by, on
T ru sts: to amend act to suppress (see bill S. 8 0 6 5 ), 1324.
Hotel and taxicab rates,
Motions and resolutions offered by
Narragansett Bay, 3938.
Campaign contributions: directing committee to report on bill
Utter, George I I . : death
S. 8118 relating to publicity of (see S. Res. 4 3 3 ), 1G0G.
Reports made by, from
Choctaw and Chickasaw Indians: to print memorial from (g.
Committee on the Distriq
Columbia :
Doc. 1 0 10), 1600.
pment (Kept. 1 4 8 2 ), 2S70.
West Virginia Avenue
Choctaw and Chickasaw N ation s: to print memorial from (15
Votes of. See Yea-and-Nj
Doc. 1 0 07), 1535.
OSTRICH INDUSTR Y. Rerjfrks in flouse on (Appendix, 5 7 ).
Independent health service : to print report on establishment of
OTTEN, CLAUS II., relief (See hill St 7687).
(S. Doc. 1 0 0 2 ), 1397.
Initiative and referendum : declaring in favor of system of
OTTM AR, FR E DE R ICK MM pension |see bill H . R. 274G 3).
direct legislation known as, 3275.
OURAY R ESER VATIO N . M Sce I n d i a n s .
Iowa Indians: to adjudicate claim of (see S. Res. 4 2 9 ), 1482.
OURSBORN, M A R G A R F /# :., pension (See bill H. R. 2 8 1 8 2 ).
Osage Nation : inquiry relative to leasing of oil or gas lands of
(see S. Res. 4 8 5 ), 4261.
OUTAGE B ILL . See D r i l l e d S n n r % .
Pennsylvania health bulletin: to print (S. Doe. 1 0 0 0 ), 1397.
OUTLOOK (magazine),particle relating, to New York Harbor taken
Petitions and papers presented by, from
from, 2132.
Citizens and individuals, 2202, .2768.
State legislatures, 2462, 2403, 3319, 4589.
OVERHULS, GRACE .JE increase pension.,(see bills S. 81S5, 85G3).
Remarks by, on
OVERLOOK, F R A N C lJfB ., increase pension (see bill H . R. 2 7 4 7 5 *).
Archbald, Robert W . : impeachment trial of, 1447.
OVERM AN, AN N A Rm BECCA, increase pension (see bill H. R. 2 7 1 1 0 ).
Commerce Court, 1562.
Department of health, 2471, 2472.
O VER M AN, LEE S. Mi Senator from North % arolina).
District of Columbia appropriation bill, 3331.
Attended, 1. S
%
Indian appropriation bill, 3880, 3881, 3S82, 3S83, 3899, 3900,
Appointed eofiferee, 2533, 2976, 4291, 4*076.
r
- ... 3900N
Amendments off (Wed by, to
Initiative and referendum, 4713.
Army appropriation bill, 3143.
Legislative, executive, and judicial appropriation bill, 1545, 1557,
Deficiency #>pvopriation b ill: salary of Secretary to the Fresl1558,81564, 1612, 1613.
‘
. 2683.
Legislative reference bureau, 1613.
Ejeht patients at George Washington University HosLoyal Creek Indian claims, 3887, 3890.
JTt.il, 3324.
McAlester, Okla., mine-reseue station, -4200.
Sundry a vil appropriation h ill: public building at Charlotte,
Osage Indian claim, 3325.
N. C .J I 2 6 1 .
\
Pension legislation, 4273.
W ar cl.wns : bill (IT. R. 19115) to pay sneefSed, 2C0.
Physical valuation of railroads, 3802.
Bills and jom t resolutions introduced by
S
Popular Government: printing document on, 2430.
Inaugujnl ceremonies: to pay expenses of (see S. J. Res. 15 7 ),
Presentation of memorials, 2349.
•
»
181#
Presidential term, 2268, 2274, 2359, 23C1. 2362.
Lemlv#Frederick IT .: to appoint on active list of Navv (see bill
S. JR 84), 2588.
%
Public buildings, conference report on, 4701. .
Publicity of campaign contributions, 1006.. ^
111, Stanley: for relief (see bill S. 7G22), 3,97.
Motions iM resolutions offered by
u.l
\
Coujts of equity: to print rules and practice fo rU S . Doc. 9 7 2 ),
4059.
Iguration: for appointment of joint committal to make arReports made by, from
ingements for inauguration of President electS, (see S. Con.
Committee of conference:
Oklahoma coal-mining leases (bill S. 3 8 4 3 ), 4603.
tes. 3 1 ), 293.
jinan suffrage: to print documents relating to, lSJO.
Committee on Indian A ffa irs:
Choctaw and Chickasaw coal and asphalt lands (Rept. 1097)
Petit § ns and papers presented by, from
Titizens and individuals, 758.
*.
1396.
Societies and associations, 25S5, 4125.
Lawton, Okla., town lots (Rept. 1 2 0 8 ), 3070.
Re,murks by, on
Votes of. See Y i:a -a n d -N a y V otes.
TAgricultural appropriation bill, 4141, 4142, 4149, 4150.
OW EN, W . O., AND _OTHERS. memorial layering nrr>om tnomt- of
Assay offices, 4290.
eonsveaa^ji.... .
..Alee to inv:-diguse form of govern
International Joint Commission, 4174.
ment in D iS m e r g fr fla lagfiTa (S. Doc. 1 1 2 0 ), 4362.
Omnibus claims bill, 198, 199.
Seizure of cotton, 24G7.
OW EN S, SUSAN, increase pension ( W E f f
oris made by, from
O YSTER, E.
letter relating to liquor traffic In DIsot
tra
Committee on the Judiciary:
45f»7.'
Desecration of flag of United States (bill S. 8 4 8 7 ), 3322.
O YSTER, JOSHUA, increase pension (see bill S. 7 5 7 3 ).
V otes of. See Yea-and-Nay Votes.
The * indicates bills acted upon. See “ History of Bills.’
CONGRESSIONAL RECORII INDEX.
OR K S— Continued.
/
leports made by, from
/
Committee on the District of Columbia :
Cruelty to animals (Rept. 10941. 1323.
Pj/ce
extension of Twenty-fifth Street SE. and of W hite PJftce (Rept.
1 0 8 0 ), 955.
ommittee on Public L a n d s:
/
,
'
Chuckawalla Valiev and Palo Verde Mesa desert-land entries
(Rept. 1 1 7 0 ). 2256.
./
’Melveny. H. W . (Rept. 1 2 7 2 ). 3472.
/
osemite National Park lands (Rept. 1 1 0 3 ), 2^99.
of.
See Y e a -a n d -N a y V o t e s .
/
W O R M lN . OLIVER T.. correct military record (see.bill H . R. 2 8 1 5 0 ).
WORTJlftNGTON. A. S. (counsel).
/
' 5hbald. Robert W . : remarks on impeachrpbnt trial of. 20, 31,
examination of witnesses. 0 7 -1 1 1 . 1 5 1 -1 6 0 . 213—
230. 2 0 5 274
3 0 1 -3 2 4 . 3 7 0 -3 8 3 . 4 1 0 -4 /6 . 5 1 9 -5 3 7 , 5 7 1 -5 7 8 ,
580. 034. 043, 048. 040. 708L730, 7 7 9 -7 9 3 . 8 3 3 -8 5 5 ,
8 8 3 -8 9 4 . 900. 902. 960, 9 6 7 ./> 6 8 . 969. 970. 972, 973,
974. 975. 970. 977. 978. 97SM 1000. 1001. 1075. 1078,
1080. 1082. 1085, 1135. 1130. 1139, 1142. 1143, 1152,
1163. 1106. 1107. 1108, 1105. 1170. 1171.
1320,
losing argument in impeachment trial of, 1282
(333, 1339.
W O R T H IN G TO N . W IL L IA M , pension (see bill S. 8 5 4 1 * ).
W R E C K IN G PC®TOONS. See N a v y .
W R EN . JOHN K t relief (see bill 1L R. 2 2 9 3 9 *).
W R IG H T , A. .T.. fclief (see bill H. r / 2 8 4 5 0 ).
W R IG H T . E L IZA B E T H , relief of estate (see bill II. R. 2 7 0 4 0 ).
W R IG H T , ROLLYj|increase pension (see bill S. 8 0 3 4 *).
W R IG H T , SAMUESL A ., increase pension (see bill II. R. 2 7 8 0 0 ).
W R IG H T . W IL L IA M T.. relief (ape bill II. R. 2 0 5 8 8 ).
W R ISTO N , M AR Y l i ) I S , increase pension (see bill II. R. 2 8 3 7 9 * ).
W R ISTO N . R EB EC C ^. increase pension (see bill II. R. 2 8 3 7 0 ).
W R IT S OF EXE C U T IO N . See C o e r t s o f U n it e d S t a t e s .
W U N D E R L IC H . A u x fe s C., Jfcnsion (see bill II. It. 2 7 4 7 5 *).
W Y A N D O T T E , MICILiCprect-public building at (see bill H . IL 2 8 7 0 0 * ).
W Y A N D O T T E INDIAN’S. fSee I n d ia n s .
W Y A T T . SUSAN M., inc£#ase pension (see bills S. 7892. S.17S*).
W Y L L Y . FR E D E R IC K 1 $ relief of estate (see bill II. IL 2 8 4 5 8 ).
W YN E G A R , D A V ID A ., ikerease pension (see bill II. R. 2 7 4 7 5 * ).
W Y N N E , C H A R LO T T E IP-i; increase pension (see bill S. 8 0 3 5 * ).
W YO M IN G , amendment in§ Senate relative to payment of claims for
labor, materials, ^tc„ furnished in construction of Corbett
Tunnel in. 4200.
Rill to amend act authorizing selection of lieu lands by (see bill
S. 8 5 1 8 ) ,/
Letter of secretary of irate transmitting electoral vote of State
for President of United States, 1701, 1811.
Memorial of legislature Illa tiv e to administration of the publicland laws, 3470.
Memorial of legislature fat use of portion of proceeds of national
forests for road and titkil construction. 3632.
Ratification by legislature^)! sixteenth amendment to Constitu
tion of United States, relating to income tax, 3271, 3270, 3305,
3304, 3503.
Memorial of legislature for tn'otection of migratory game birds,
3861. 3802. 3982, 3983. 4131.
Manorial of legislature for n%(oring to entry certain lands with. drawn for reclamation purposes. 3864. 3982.
Memorial of legislature relative to damage done Cody municipal
f water supply, 3865, 3982.
^
‘Memorial of legislature for setting aside certain lands for graz.
ing purposes at Fort RridgeiV%3865, 3982.
Memorial of legislature for restflj|ing vacant and unappropriated
f
lands to, 3865. 3982.
Memorial of legislature for use g>f portion of proceeds of na
tional forests for road and traiti construction, 3982.
Memorial of legislature favoring reijassitication of railway postal
clerks. 4670.
Ratification by legislature of sixtefflDtli amendment to Constitu
tion ol' United States relating to t|io income tax. 3982.
Report of Committee on E xpen diture in Interior Department of
House relative to investigation o f% n la w fu l fencing of public
lands in (II. Rept. 1 3 3 5 ), 1040.
\
Y A K IM A IN D IA N R ESER VAT IO N . Sec I n d ian s .
Y A K IM A R IVER , W A S H ., amendment in Senate making appropriation
for .construction of reservoirs on YaRjma Indian Reservation
to impound flood waters of, 1817.
Y A M H IL L R IVER , DREG., amendment in Senat?
increase appropriation for improving, 2409.
Y A Q U IN A B A Y , OREG.. report of Secretary of
on survey of entrance to (II. Doc. 1 3 5 8 ), 2670.
26707, 2 8 2 8 2 * ).
Y A R G E R , JOHN IL, increase pension (see bills II.
Y A R N E L L , JOHN F., increase pension (see bills S.
94, 8 5 4 1 * ).
Y A T E S, CA R R IE W IL L E T T , pension (see bill II. It.
12S).
Y AZO O R IV E R , M ISS., amendment in Senate relative! o improvement
of, 2083.
Amendment in Senate making appropriation for Continuing im
provements of, 1390.
YAZOO R IVER C AN AL , M ISS., survey of (sec Dill II. R. ’£ 7 9 5 1 ).
Y E A -A N D -N A Y VOTES IN HOUSE.
Adjourn, 1809, 1904, 2905, 3047.
Agricultural appropriation bill (II. R. 2 8 2 8 3 ), 4340.1
Alcoholic liquor traffic: on bill (II. R. 17593) to diii t intoxi
eating liquors of their interstate-commerce chi ractei
certain cases, 2866, 2807.
------------ on passage over veto of President of bill (S.
divest intoxicating liquors of their interstate-!
character in certain cases, 4447.
YEA-J
205
:d -n a y vostj^s i n
SE— Continued.
lerican Acac
Arts and L etters: on bill (S. 4350)
iorporating, 3410.
Arm y appropriation bill (II. R. 27941) : on amendment rflating
i^appropriation for heat and light for officers’ quartqpT 1853.
Calendar Wednesday : on motion to dispense with, 85!i^
Captured and abandoned property: on bill (II. R.
vive * g h t of action for. 497.
Comm ittor on Banking and Currency: on resolut
519) toNpay expenses of investigations by, 3 0 2 1 /
Contested auctions in H o u se: on case of McLgSn v. Row man,
550, 551,
Deficiency appropriation Dill (H. R. 2 8 8 5 8 ), -rfhO, 4619.
Denver, Colo, fqbn bin ( S. 3 9 7 4 *) to increa^r appropriation for
public b u ild in k a t, 734.
District of Coluintya : on bill (II. R. 2 8 4 9 ^ . making annual ap
propriations for, 4349.
------------on joint restitution (II. .1. Res.
i to revoke licenses in
case of overcharge in any lindrof business during holi
day periods fn. 3809.
Employers’ liability a% l workmen’s C o m p en sa tion : on bill (8.
5382) for relief of injured employers of common carriers, 4403.
Im m igration: on bill ( S.1&175) to^pgulate. 822. 804.
------------on conference repoRj. on bijr (8 . 3175) to regulate, 1080,
1687, 1093, 2045. \
-—-— -— on passage over Press
fs veto of bill (S. 3175) to regulate, 3429.
Lincoln memorial : on resolut y
i
(8. Con. Res. 32) adopting plan
and selecting site for, 944
Manila hemp : on resolutiogr o f' quiry (H . Res. 7 7 9 *) relative
to exemption of Ameri<»n im
rs from payment of export
duty on, 2926.
Naturalization : on bill JPH. IL 2C
to amend act to provide
uniform rule for, 15
on amendment fixing
Naval appropriation U U (H . R.
R
number of battleships, 4107, 4810.
Order o f business, Jf84, 052. 859. 1358
1920, 1922, 1923,
2568, 2904, 3043T 3048, 3049. 3050,
Pensions: on b i l l /d l . R. 17470) to pensife widows and minor
childrej#of officers and enlisted meTfewho served in W ar
with jmi&in and the Philippine insurrection, 113.
------------on b i l l ' l l . It. 27475) granting pensions and increase of
penj^jus in specified cases,
------------on a«nual lull (II. R. 28730) making ajfiferopriations for
payment of, 3301, 3362.
Post Offictf appropriation bill (II. R. 2 7 1 4 8 ), 1517,% 5 1 8 . 4403.
Public M ildings : on bill (II. R. 28700) to erect, enlarge, im
p ro v e / increase appropriations, and purchase s ite s ^ o r certain
spe^Tied. 4252.
R e c i t a t i o n town sites: on Dill (H . R. 23009) providinStfor dis
position of. 1905.
R lw r and harbor appropriation bill (II. R. 2 8 1 8 0 ), 2148
Itj/kefeller Foundation: on bill (II. R. 21532) to incorporate.
ft 810.
Special orders in H ouse: on resolution (II. Res. 740) for spec
order for Senate concurrent resolution to investig
proposed purchase of Monticello, Va.. 349.
------------on resolution HI. Res. 818) for special order for 1
(II. It. 17593) to divest intoxicating liquors of il l,,,
interstate-commerce character in certain cases, 2787.
Sundry civil appropriation bill (II. R. 28775) : on motions to
instruct conferees. 4788, 4789.
------------on passage over veto of President, 4852.
Woman suffrage: on joint resolution (S. ,T. Res. 104) to stop
traffic and prevent interference with parade at Washington,
----T*-*‘
II..
YE A -A N D -N A Y VO TES IN SEN ATE.
Adjourn, 3271, 4054, 4590.
Alcoholic liquor traffic: on bill (S. 4043) to prohibit interstate
transportation of intoxicating liquors in prohibition
communities. 2922, 2923. 2924.
------------on passage over veto of President of bill (S. 4 0 4 3 ) to
divest intoxicating liquors of their interstate-commerce
character in certain cases, 4299.
American seamen : on bill (II. R. 23673) for relief of, 4585,
4580, 4587. 4588.
Arm y appropriation bill (IL IL 27941) : on amendment rela
tive to use of mules, 3144.
C la im s: on amendment making appropriation for payment of
French spoliation claims, 1015.
------------on amendment for payment of specified claims of laborers
and mechanics for overtime work on public buildings,
1832.
Connecticut River : on amendment authorizing Connecticut River
Co. to dam. 3782.
------------on bill (S. 8033) to allow Connecticut River Co. to dam,
3200, 3267, 3268.
Deficiency appropriation bill (II. R. 2 8 8 5 8 ). 4411.
Department of L abor: on bill (II. R. 22913) to create, 3923,
3924.
District of Columbia: on bill (IT. R. 28499) making annual ap
propriations for. 324.), 3334. 3370. 3382.
------------on am en d m en t making appropriation for armory for
militia of, 4041.
ilitia
■
---------— on amendment relating to appropriation for memorial
sliding to loyal women of Civil W ar, 4043, 4 060 4007
buildi
drugs: on bill (II. It. 22526) to amend act to prevent
Foods and dn _
adulteration of. 4302.
Immigration : on bill (S. 3175) to regulate, 3208.
------------ on passage over President’s veto of bill (S. 31 7 5 ) to
regulate. 3318
Impeachment trial of Robert W . Archbald : on questions of pro
cedure in, 100, 107.
------------on question of admissibility of testimony of Christopher
G. Boland, 578.
----------- on resolution prescribing method of taking final vote on
articles of. 1380.
■ ------ on articles of impeachment, 1439, 1440, 1441, 1442 1443
—
1444, 1445, 1440.
•
----------- on resolution disqualifying tin: respondent from holding
office under the United States, 1447.
The * indicates bill*acted upon. Sec “ History of Bills.”
CONGRESSIONAL RECORD INDEX.
2m
YE A -A N D -N A Y VOTES IN SEN AT E— Continued.
Indian appropriation !>i!l (H. E. 2 6 8 7 4 ), .1882. 3910.
Legislative, executive, and judicial appropriation bill (II. R.
2 6 6 8 0 ). 1564, 1568, 1611. 1612. 4201.
Loan of tents: on joint resolution IS. .T Res. 145) to loan tents
.
for Mystic Shrine meeting- at Dallas. Tex.. 1010.
Military Academy appropriation bill (H . R. 28 0 0 9 ). 4285
Naval appropriation bill (II. R. 2 8 812) : on amendments fixing
number of battleships. 4312, 4510.
Order of business. 832, 883, 1387, 1785, 1877. 1954, 2211, 2473,
2555, 2057, 4074.
Pensions: on motion to strike out of bill (II. R. 27475) the
provision granting increase of pension to Charles P. Harder,
4271.
Post Office appropriation bill (II. R. 2 7 148), 3921. 4693.
President of Senate pro tempore : on election of, 096.
President of United States: on joint resolution (S. .T Res. 78)
.
for amendment to Constitution providing for a single six-year
term for. 2200, 2274. 2354. 23GG. 2302. 2363, 241S, 2419.
Public buildings: on bill _ (II. It. 28760) to erect, enlarge, improve, increase appropriations, and purchase sites for certain
specified. 4041, 4043, 4053. 4066. 4067. 4696. 4702.
R iver and harbor appropriation bill (II. R. 2 8 1 8 0 ), 3501, 3770,
3781, 37S2, 3789, 5792, 4428.
Unanimous-consent agreement: on request for resubmission of
question of unanimous consent l'or vote on bill (S. 4043) to
prohibit interstate transportation of intoxicating liquors in
certain cases, 1395.
Vocational education : on bill (II. It. 22871) providing for, 2215,
%
2225 2228.
yf^LOItTt'tXLXE N AT IO N AL PARK, to grant the Conrad-Stanford Co.
\
the use or certain
in (see bill S. 5 1 5 0 * ).
NSIatistics relating to
Y E L I.O n ^ T O N E R IVER , to allow Minneapolis. St. Paul & "Ptnulf Ste.
y^pt-ie Railway Co. to bridge (see bills S. 8089*.-; II. It.
>
l'O U E L L. JAM ES. A L IAS LAMES MOSES, increase pension (see bili„
II. R. 20703, 282)?2*).
3
YOUNG, EM SEY O., inci’case pension (see bills S. 8493, 8 5 4 1 * ).
YOUNG, GEORGE G., increase pension (sec bill H. It. 2 8 3 6 9 ).
YOUNG, GEORGE H „ increase pension (see bill H. R. 2 8 4 9 4 ).
YOUNG, GEORGE W ., increase pension (see bill II. R. 2 0 0 0 6 ).
YOUNG, II. OLIN (a Representative from Michigan).
Attended,. 3.
Teller to count electoral vote, 2454, 3042.
'
Bills and joint resolutions introduced by
Cooper. James A. : for relief (see bill H. R. 2G659), 79. J'j
McQuillcn, Thomas J.. alias Thomas J. Jones: to pension
bill II. II. 2 0 600). 79.
,/
U(?e
V o t e s of.
S e t Y e .G a x d - X a y V o t e s .
#
YOUNG. I. D. (a Representative from Kansas).
Attended, — .
y
, Appointed on funeral committee, 2399.
Bills and joint resolutions introduced by
Ainiefa, S am u el: to increase pension (see bill^
Baughman, D aniel: to. increase pension (sci
1900.
Vi.
jfi
Beloit. Kans. : donating cannon to city of ^see bill H. R. 28717^
2967.
J
’•
Butler, Benjam in: to increase pension^see bill II. R. 281
1590.
J
Mize. W. H. : to increase pensi
(see bill H. R. 2 8 7 5 7 ), 3130
Vease pension (see bill n .
Whitley, Sanniei G. H . : to
2 8 7 5 8 ), 3132.
Totes of. See Y ea- axd -Nay V ox
YOUNG, .TAMES (a R ep rcsen ta tijf from Ttmys
Attended
Resignation as member df Committee on Merchant Marine ana
YINGLING, T W IN P., pension (see bill II. R. 2 6 6 5 7 ). ^
Fisheries, 498.
/
a
YNCIIAUSTI A-'-CO., referring claim to Court of CJgfffis (sec II. Res.
Petitions and papeis prescjffcd by, from
6 4 3 * ).
Jr
Citizens and individijam, 3564.
Remarks by, on
YOAKUM , T E X ., erfty: public building at (see b D rlL R. 2 8 7 0 0 * ).
Agriculture a p p r o b a tio n bill, 2074.
YOCIIEM. ED W A R D YU., increase pension J ec bills H . R. 13810*.
Captured and abandoned property claims, 4S9i
2 8 3 7 9 *).
Cattle ticks. 27£
YOCUM, N ANNIE, pcnsiotr^iee bills II. R{5^ 7 5 9S , 28282*),
■ Totes of. See Y ka^ xd -N ay V otes .
Y O LK LEY, M ARGARET J ..f u s i o n (sc&ffiill S. 7 0 3 1 ).
YOUNG, JAM ES L J increase pension (see bill II. R. 36(173).
YONKERS, N. Y., increase appfemriaWon for public building at (see YOUNGS, GEORGE W ., increase pension (sec bill S. S 2 ? 4 * ).
bills II. it. 28025, 28700YOUNGS B A Y AN D RIVER. OREG., report of SecretaryLof War on
survey^Bf (II. Doc. 1 3 8 0 ), 3'>31.
u
YORK, PA., amendment in Senatj
jerease appropriation for public
YO U N KM AN ,.'CHR ISTIN A, increase pension (see bill II. R. 2 ^ 0 02 *).
building at. 3275.
Jm
_
Bill to purchase site J»r publicYhuilding at (see bill H. R. YUKON RIVER. See A la sk a .
2 8 7 0 0 *).
YUM A, ArflZ., letter of Secretary of Interior transmitting report 0j
YORK COUNTY, VA., relief of Zion M etholfet Church of (see bill
survey and estimate of cost of bridge across Colorado River
II. R. 2 8 0 6 0 ).
. at (H . Doc. 1 0 20), 81, 134.
-.
YORK TOW N, VA.. in»fration to Senate to attend i^nual celebration of Y U M A^R ESER VATIO N . See I ndians .
surrenderjpr Cornwallis at, 251.
ZANjjTEN, F RITZ, increase pension (see bill II. R. 28 1 0 7 ).
YO SE M ITE NA'PTONAL PARK, authorizing tlie leasing of tracts of ZEjpTJOHN il., increase pension (see bill H. R. 2 7 0 6 2 *).
land h a t see bills S. 8 2 7 9 * ; II. It. 2 6 7 3 7 * ).
Z ^ E K , D A R W IN , increase pension (see bill S. 8 3 1 4 * ).
Bill making appropriation for protection and impi'uvement of
( J o bill H. R. 26S 78).
j -TlERBE, JAM ES E., correct military record (see bill II. R. 28 7 2 6 ).
Y O SEM ITE VAL LE Y , remarks in House and statistics concerning i\ a m ! ZIM M ERM AN, W IL LIA M , increase pension (sec bill II. R. 2 8 2 8 2 *).
ZIN D E L , LEO C., pension (see bill II. It. 26 9 8 4 ).
construction in, 3539.
ZOLL, BATEM AN , increase pension (sec bills II. It. 26998, 2 8 2 8 2 *).
Y O SEM ITE V A L L E Y R AILR OAD CO., purchase right of way from
(see hill II. R. 27 9 4 8 ),
ZOUCKS, JOHN E., increase pension (see bill II. R. 2 7 8 7 4 * ).
\
Jr
The * indicates hills acted upon.
See “ History of Bills
C O N G R E S SIO N A L RECORD.
PROCEEDINGS AND DEBATES OF THE SIXTY-SECOND CONGRESS.
THIRD SESSION.
SENATE.
M
o n d ay
,
December 2, 1912.
Gardner
Gore
Guggenheim
Hitchcock
Johnson, Me.
Johnston, Ala.
Kenyon
La Follette
Lippitt
Lodge McCumber
McLean
Martin, Va.
Martine, N. J.
Massey
Myers
Nelson
Rowlands
O’Gorman
Overman
Page
Penrose
Percy
Perkins
Pomerene
Richardson
Root
Sanders
Shively
Simmons
Smith, Ariz.
Smith, Ga.
Smith, Md.
Smith, S. C.
Smoot
Stephenson
Swanson
Thornton
Tillman
Townsend
Warren
Wetmore
The first Monday in December being the day prescribed by
jhe Constitution of the United States for the annual meeting of
Congress, the third session of the Sixty-second Congress com
menced on this day.
W orks
The Senate assembled in its Chamber at the Capitol.
A ugustus O. B acon , a Senator from the State of Georgia,
Mr. WORKS. The senior Senator from Washington [Mr.
|eok the chair as President pro tempore under the order of the J o n es ] is necessarily absent on business of the Senate.
Senate of August 17, 1912.
Mr. PENROSE. My colleague [Mr. Oliver] is necessarily
The PRESIDENT pro tempore called the Senate to order at absent on account of sickness.
12 o’clock noon.
Mr. SMOOT. On account of sickness my colleague [Mr.
PR AYER.
S u t h e r l a n d ] is necessarily detained from the Senate.
The Chaplain, Rev. Ulysses G. B. Pierce, D. D., offered the fol
Mr. CURTIS. I w a s requested to announce that the Senator
lowing prayer:
from Kentucky [Mr. B r ad ley ] is absent on account of sickness.
Almighty God, our heavenly Father, in whose presence we
Mr. PAGE. I wish to announce that my colleague [Mr. D il
now stand, we are come together in Thy name and to do Thy l in g h a m ] is detained from the Senate on account of illness.
hill. At the opening of this session of Congress we invoke Thy
Mr. SHIVELY. I wish to announce that my colleague [Mr.
blessing. Without Thee we can do nothing. Until Thou dost K ern ] is detained from the Senate on important business, and that
bless us, our highest wisdom is but folly and our utmost strength he is paired with the Senator from Kentucky [Mr. B r a d l e y ].
but utter weakness. Bestow upon us, therefore, we humbly pray
Mr. TOWNSEND. I wish to announce that the senior Sen
Ti ee* h'isdom and strength from above, that so we may glorify ator from Michigan [Mr. Sm i t h ] is unavoidably detained from
lime, accomplishing that which Thou givest us to do.
the Senate this morning.
*Te come before Thee, our Father, with a deepened sense of
The PRESIDENT pro tempore. On the call of the roll of
uuv dependence upon Thee. Thou hast made us to know how the Senate G7 Senators have answered to their names, and a
iraii we are. Thou hast showed us that the way of man is not quorum is present.
1 1 bimself alone, and that it is not in us who walk to direct our
1
L IS T OF SENATO RS.
Thou hast called from his earthly labors Thy servant,
The list of Senators, by States, is as follows:
m Vice President of our Nation. While we thought it was
Alabama—John II. Bankhead and Joseph F. Johnston.
j “ 1 (1ay Thou didst cause the sun o f his life to go down, bringArizona—Henry F. Ashurst and Marcus A. Smith.
1g the night, when no man can work. We murmur not nor
1
A rkansas— James P. Clarke and Jeff Davis.
lePine, our Father, knowing that alike the day and the night
California— George C. Perkins and John D. Works.
Ure Thine. Thou hast taken from our side fellow laborers and
Colorado— Simon Guggenheim.
companions, leaving in this Senate empty seats and in our
hearts loneliness and sorrow. We can not forget them, our
Connecticut— Frank B. Brandegee and George P. McLean.
’ ulher, though in the flesh we behold their faces no more.
Delaware— Henry A. du Pont and Harry A. Richardson.
-Chou hast removed from his post of duty an officer o f this body
Florida—Nathan P. Bryan and Duncan U. Fletcher.
Georgia—Augustus O. Bacon and Hoke Smith.
i1 (c hast made us to know that in the midst of life we are in
1
jA ’ tli. Comfort our hearts, we beseech Thee, for all our sorIdaho— William E. Borah.
° 'Vs: and keep ns evermore in Thy love, and though Thou feed
Illinois— Shelby M. Cullom.
Indiana—John W. Kern and Benjamin F. Shively.
of
Ule bread of adversity and give us to drink o f the water
•affliction, yet take not from us Thy holy spirit.
Iowa—Albert B. Cummins and William S. Kenyon.
■ y 0 Pray Thee to bless the President of the United States.
p
Kansas—Joseph L. Bristow and Charles Curtis.
Arnold him by Thy power, watch over him by Thy providence,
Kentucky—William O. Bradley and Thomas II. Paynter.
Louisiana-—Murphy J. Foster and John R. Thornton.
Mime him by Thy wisdom, and strengthen him with Thy
Maine—Obadiah Gardner and Charles F. Johnson.
)Aavenly grace. Bless him who shall preside over this Senate,
Maryland—John Walter Smith.
esiowing upon him all tilings as shall seem good unto Thee.
Massachusetts—Winthrop Murray Crane and Henry Cabot
'?.ll al| who are in authority we pray that they may serve Thee
rr,
singleness of purpose, for the good of this people and for Lodge.
J "y glory.
Michigan—William Alden Smith and Charles E. Townsend.
Minnesota—Moses E. Clapp and Knute Nelson.
n i '°> 0Ur bother, may this session of Congress, begun in Thy
Mississippi—Le Roy Percy and John Sharp Williams.
ni0’ be continued in Thy fear and ended to Thine honor,
‘"it ns so to labor that by our deliberations we may hasten
Missouri—James A. Reed and William J. Stone.
' time when Thy kingdom shall come and Thy will shall be
Montana—Joseph M. Dixon and Henry L. Myers.
no on earth as it is in heaven.
Nebraska—Norris Brown and Gilbert M. Hitchcock.
u the name which is above every name, hear our prayer. Amen.
Nevada—William A. Massey and Francis G. Newlands.
ri
,
CA LLIN G OF T H E ROLL.
New Hampshire— Henry E. Burnham and Jacob II. Gallinger.
New Jersey—Frank O. Briggs and James E. Martine.
R 'c 1“RES ID ENT pro tempore. The Secretary will call the
l0| of the senate.
New Mexico— Thomas B. Catron and Albert B. Fall.
New York—James A. O’Gorman and Elihu Root.
sitmj
^ ’ “ called (lie roll, and the following Senators any
North Carolina—Lee S. Overman and F. M. Simmons.
^ e r e d to their names:
twhiirst
North Dakota—Asle J. Gronna and Porter J. McCumber.
Davis
Bryan
Crane
«:icoa
Dixon
Ohio—Theodore E. Burton and Atlee Pomerene.
Burnham
Crawford
Bailey
B urton
du Pont
Culberson
klahoma—Tom P. Gore and Robert L. Owen.
hoiah
Clapp
Fletcher
Cullom
Oregon— Jonathan Bourne, jr., and .George E, Chamberlain.
Foster
Clark, Wvo.
Cummins
Clarke, Ark.
Gallinger
Pennsylvania— George T. Oliver ami Boies Penrose.
Curtis
ia;8
e
e
9
CONGRESSIONAL RECORD— SENATE.
R h o d e Isla n d — Henry
F. Lippitt and George Peabody Wet-
more.
S o u th C arolina— Ellison D. Smith and Benjamin E. Tillman.
S o u th D a k o ta — Coe I. Crawford and Robert J. Gamble.
T e n n e s s e e — Luke Lea and Newell Sanders.
T e x a s —Joseph W. Bailey and Charles A. Culberson.
U ta h — Reed Smoot and George Sutherland.
V e r m o n t — William P. Dillingham and Carroll S. Page.
V irg in ia — Thomas S. Martin and Claude A. Swanson.
W a s h in g to n — Wesley L. Jones and Miles Poindexter.
W e s t V irg in ia — W illiam E. Chilton and Clarence W . Watson.
W is c o n s in — Robert M. La Follette and Isaac Stephenson.
W y o m i n g — Clarence D. Clark and Francis E. Warren.
N O T IF IC A T IO N TO T H E
HOUSE.
Mr. GALLINGEE submitted the following resolution (S. Res.
388), which was considered by unanimous consent and
agreed t o :
Resolved, That the Secretary inform the House of Representatives
that a quorum of the Senate is assembled and that the Senate is ready
to proceed to business.
N O T IF IC A T IO N
TO T H E
P R E S ID E N T .
Air. CULLOM submitted the following resolution (S. Res.
3S9), which was considered by unanimous consent and
agreed t o :
Resolved. That a committee consisting of two Senators be appointed
to join such committee as may be appointed by the House of Repre
sentatives to wait upon the President of the United States and inform
him that a quorum of each House Is assembled, and that Congress is
ready to receive any communication he may be pleased to make.
The PRESID EN T pro tempore appointed as tbe committee
Mr. C ullom and Mr. M a r tin o f Virginia.
H O U R OF
M E E T IN G
T O -M O E R O W .
Mr. LODGE. I move that when the Senate adjourns to-day
it be to meet to-morrow at 1 1 o’clock.
The motion was agreed to.
DEATH
OF
THE
V IC E
P R E S ID E N T .
Mr. ROOT. Mr. President, with a deep sense o f public loss
and o f personal bereavement I discharge tbe duty o f announcing
to tlie Senate that on the 30th day o f October last, at his home
in the city o f Utica, J am es S choolcraft S i- e r m a n , the Vice
i
President o f the United States, departed this life.
H is serene and cheerful temperament, inspired by love of
country and o f his kind, will no more diffuse through this body
a sense o f reasonableness, o f friendliness, and o f kindly con
sideration. H is faculty o f sw ift and ju st decision which has
promoted and cleared the path o f public business in the Senate
for the three years which are past will no longer aid us in our
deliberations.
I have the honor to offer the resolutions which I now send to
the desk.
The resolutions (S. Res. 390) were read, considered by unani
mous consent, and unanimously agreed to, as follow s:
D ecember o
transmit to the American Senate sincere condolence, which I do in if,
name through Your Excellency, to whom I present my respectful cnii.
tations.
u'
F e r r e ir a C h a v e s ,
First Secretary of the Senate.
[Cablegram.]
W a s h in g t o n , November 7, 1 0 1 2 .
To the P r e sid e n t of t h e B r a z il ia n S e n ate :
I have received your very considerate and cordial message of sym.
pathy, addressed to the American Senate, on the occasion of the death
of the late Vice President J a m e s S h e r m a n .
The Senate of the United States is not now in session. So soon as u
convenes in December I will have the honor to lay before that body you-highly esteemed message. I beg. in the meantime, to thank your horn
orable body for its kindly consideration and sympathy.
A u g u s t u s O. B a c o n ,
President of the Senate pro tempore.
[N o t e .— The foregoing reply to the cablegram of the Brazilian Senate
was, upon the request o f Senator B ac on , cabled to the American ambasl
sador at Brazil by the Acting Secretary of State, with directions for
immediate delivery.]
1
D E A T H OF S E N A T O R W E L D O N B . H E Y B U B N .
Mr. BORAH. Mr. President, it becomes my sad duty t0
announce to tbe Senate tbe .death o f my late colleague, Hon.
Yy. B. H eybubn . T o those who witnessed his singular devotion
to duty in the closing hours o f the last session under condi
tions which all realized imperiled his life, the news o f his death
came as no surprise. One less determined to perform faith
fully the obligations o f his high office, one less mindful of the
responsibilities which rest upon us here, would have yielded
to the solicitation o f friends and sought the rest and recupera
tion which he so much needed. But understanding perfectly
the forfeit which he might be called upon to pay, he neverthe
less met without hesitancy and with spirit and purpose the
exacting duties o f that trying session. W ith equal fortitude
and courage he paid the forfeit when the time came to do so.
Senator H eybubn w as a remarkable man, a strong, sturdy’
self-reliant, dominant figure. But this is not tbe time nor the
appropriate occasion for extended rem arks; upon some other
occasion I shall ask the Senate to set aside a day upon which
his colleagues may pay tribute to bis work and worth as a
man and as a legislator.
I offer the following resolutions and ask for their adoption.
The PRESIDEN T pro tempore. The Secretary w ill read the
resolutions sent to the desk by the Senator from Idaho.
The resolutions (S. Res. 391) were read, considered by unani
mous consent, and unanimously agreed to, as fo llo w s:
Resolved, That
death of the Hon.
State of Idaho.
Resolved, That
tions to the House
the Senate has heard with profound sorrow of the
Weldon B rinton H exburn, late a Senator from the
the Secretary communicate a copy of these resolu
of Representatives and to the family of the deceased.
DEATH
OF S E N A T O R IS ID O R B A Y N E B .
Mr. SM ITH o f Maryland. Mr. President, it is my melancholy
duty to announce to my colleagues in the Senate that since
our last adjournment death has claimed our loved associate,
I sidoe R a y n e r . His death occurred at his home in Washington
on the 25th o f last November. His end follow ed an acute ill
ness lasting several weeks. Watching with him during the
Resolved, That the Senate has heard with profound sorrow and regret period o f progressing physical weakness and intense suffering
the announcement of the death of J a m e s S c h o o l c r a f t S h e r m a n , late were those he loved best— his wife, his sen, and his grand
Vice President of the United States.
children.
Resolved, That the Secretary communicate these resolutions to the
He was in a large sense a martyr to his sympathies, his con
House of Representatives and transmit a copy thereof to the family of
science, and his talents. The ambition to do his fullest duty
the deceased.
Tlie PRESID EN T pro tempore. In connection with the an as a Member o f this body spurred him to undertake tasks far
nouncement just made the Chair now lays before the Senate a beyond his physical capacity to stand, for his mental energy
cablegram received from the Brazilian Senate and the reply and power always outran his physical capacity. A quick, sensi
thereto, in order that the same may now be read and become a tive, and all-compelling sympathy for all who suffer, for all
part of the record, and to be on a later day given such disposi who bear burdens, however imposed, pained and wore upon him
to his very soul, and deeper than I ever knew in any other case.
tion as the Senate may direct.
He finally succumbed under the rack and strain. His tensely
The matter entire is as fo llo w s:
nervous temperament could not withstand the weight o f others’
Rio de J a n e ir o , v ia D a k a r ,
woes added to his habit o f overwork, accentuated toward tlie
November G 1912.
,
latter part o f his life by obligations assumed at great risk, ns
Sr. P r e sid e n t e S e x a d o ,
Senate, Washington.
he knew, to himself, and assumed in spite o f the warnings and
Cumpro dever communicar V. ex. quo Senado Brasil sentido vivamonte entreaties o f his intimate friends.
morte eminente Sr. J a m e s S h e r m a n , Vice Presidente dessa grande ReI shall make no effort to-day to speak o f Senator R a y n e r ’ s
publica, deliberou inserir acta seus trabalhos voto profundo pezar por
esse doloroso acontecimento, e transmittir Senado Americano sinceras character or life nor o f the qualities o f mind and heart which
condoleancias, o quo em seu nome faco por intermedio V. ex. a quern elevated him to so many places o f trust and fixed him in so
apresento minhas attenciosas saudacoes.
many places of affectionate esteem. I shall only make the bare
F e r r e ir a C h a v e s ,
announcement o f his decease.
1° Becretario do Senado.
I shall In due season ask the Senate to devote some future day
[Cablegram— Translation.]
to ceremonies befitting his memory. Then when time has some
Rio de J a n e ir o , v ia D a k a r ,
what cleared our finite sight we may review liis life and char
November 6, 1912.
acter, not altogether in the darkness o f our own present senso
P r e sid e n t of t h e S e n a t e ,
Washington:
o f personal calamity in his loss, but rather in the light of his
I perform the duty of informing Your Excellency that the Senate of everlasting gain.
Brazil, keenly afflicted by the d eath of the eminent Mr. J a m e s S h e r m a n ,
Mr. President, I offer the resolutions which I send to the
Vice President of-id u r ferdat Republic, has voted to enten upon < Ijoui’its
nal a resolution or ‘proWJiHl syiiipathy in that sorrowful' eVeiifc and fo I desk, and ask for their adoption.
i
<i
<
, 11
t
i ( i ■5 '
1912.
(m T
GBESSI(M AL KECOKD— SENATE
whether it he quasi criminal. The character o f the case mat
ters not; it is the character o f the testimony that concerns its
admissibility.
Iu this case why is this testimony admissible? Mr. Presi
dent, the article charges that Judge Archbald has abused his
office by seeking to trade and traffic in culm dumps, and this
being one o f the culm dumps, it is charged certainly in the
statements o f facts that W illiams was his partner. It has been
shown by the witness that Judge Archbald and W illiam s were
partners in this transaction. And in his answer Judge Arch
bald admits the partnership. This contract is a part o f a trans
action o f the partnership. W e connect it, we have all along
connected it up to this time, and Judge Archbald can not object
to what his partner does. I f I select an agent, if I have a
partner in a join t enterprise, can I be heard in any court any
where to repudiate the conduct and the action o f my partner,
my agent, acting within the scope o f the partnership or agency?
So here, Mr. President, it is necessary for the orderly state
ment and full presentation o f this evidence, that this part o f
it, which follow s right along with the other testimony in the
case, be put in here to elucidate the whole conduct o f Judge
Archbald. As it w ill be shown, and has been shown, that W il
liams is his partner, this is a part not only o f that, but it is a
part o f the res gestae; it is a continuation o f the transaction
that was entered into by Archbald and Williams, Judge Archbald's partner. I f that be not true, it can be disputed, but we
offer it for the purpose o f establishing it and keeping up the
chain o f this whole transaction and connecting Judge Archbald
with it, and there can not be any doubt but that we w ill con
nect Judge Archbald otherwise, as I think, with this transaction.
Then again, Mr. President, upon the theory that has bee:
suggested, if this contract relates to a conspiracy to violate t
law, it is admissible. I f it can be shown that while a o^n
spirator may be here in this Chamber, if pursuant to the aspeement had with the coconspirator the coconspirator commits
crim e down on Pennsylvania Avenue, all law writers Jell us
that the man who was in this Chamber when the act was com
mitted is just as guilty as if he had been present at ..the scene
o f the crime.
f
Mr. President, I do not think I violate proprietyw h en I call
attention to contemporaneous history that will illustrate this
contention. It was said in one o f the noted casek in Alabama,
my own State, by one o f her great chief justi/es, that courts
will take judicial notice o f contem poraneous/hi story, and iu
that case the contemporaneous history was tfi£ action o f a mob
in Birmingham, Ala., in violating the law.
The court took ju dicial cognizance o f that contemporaneous
history. So, I am certain, the Senate, this court, is as broad
in its power and rights to take judicial notice o f contemporane
ous history as is any court. I think I violate no propriety when
I say that in the recent case in New York City, where a police
lieutenant was charged with m urder,/ft was not pretended that
he was there at the time the murdewwas committed, or that he
had anything directly to do with if, but he was convicted, and
was sentenced upon the theory that he instigated it ; that he
entered into the conspiracy elsewhere sometime before the act,
and that the conspirators did ins bidding.
Upon these principles, Mr. Bresident, both o f law and o f the
rules o f evidence obtaining ip the courts and upon the desire
that this tribunal wants to (16 full justice—wants all the facts—
and the honorable counsel / or the respondent does him self ju s
tice when he credits the Senate with the ability and the fa ir
ness and the intention tq^pass upon these questions, I insist on
the admissibility o f thif; paper.
Air. President, it seems to me that we might conduct this trial
and save much time, find that justice can be had as well in the
end, without interposing what I may think, I respectfully sub
mit, sometimes to be captious objections to the testimony.
I participated, Air. President, if you w ill pardon a personal
allusion, in the Dwayne case; and, as I remember it, the ordi
nary hidebound/ rules— if I may use a vulgarism— were not
pursued. For instance, repeatedly during the trial o f that case
a witness was introduced; he was cross-examined; then he was
put back and reexam ined; and then he was put back and re
cross-examined. So that narrowness in proceedings have never
been adhered to by the Senate.
Mr. President, in the economy o f time, do you not think, and
does not the Senate think, that it can take care o f all these
questions, so that justice may be fully done to the respondent?
I w a n t to say, Mr. President, in behalf o f the managers, that
the managers do not desire and will not claim a verdict o f con
viction in this case unless, after they have adduced the testi
mony, they are o f opinion that they have made a case that
would warrant such a judgment at the hands o f th« Senate.
Mr. W ORTHINGTON. I dislike very much to further occupy
the time o f the Senate in the discussion o f the admissibility o f
this particular piece o f evidence, but it may not be amiss now,
on this first day o f our proceedings, to haye the Senate inform ed
as to w hat is contended here with respect to rules o f evidence
and their application. It may save j^ peatin g it in the subse
quent course o f the trial.
JP
I must express my surprise to J $ a r my friend Mr. Manager
C l a y t o n intimate that the ruljjr o f evidence do not guide us
here. I do not suppose he nnjfrnt by what he said to indicate
that w e are pettifogging.
have resolved that at the outset
o f this case-----Mr. Manager CLAYTQAT. Mr. President, lest the gentleman
shall permit that r e m a ^ to stand, I wish to state that I did
not say that the rule^pof evidence do not guide us, but I said
the narrow, tech nical rules which characterize the proceedings
in the ordinary courthouse have never characterized proceedings
o f this kind in Ure Senate.
Mr. WORTH$\T
GTON. I was about to say, Mr. President—
and I think yffat what has taken place so far in the presence
o f the SemJ& will ju stify me in saying it— that we have re
solved thajTwe would make no technical objection here; that
wheneveufobjection was made it should be to something that
was x c m substantial.
M yJrien d refers to what was done in the Swayne case. We
are Jrere exactly in the position in which you were in the
Swayne case, in which counsel offered to introduce evidence as
tor statements made by Judge Swayne before the Judiciary
omm ittee under oath.
The evidence w as objected to by
counsel who represented Judge Swayne here; and, after very
full argument and after reargument, on motion o f the ju n ior
Senator from Texas [Mr. B a il e y ], with closed doors, the evi
dence w as ruled out. Now it is attempted here not to show
what Judge Archbald said, but because he had entered into a
simple venture with Mr. Williams, the witness in this case,
to see if they could get a right to buy and sell the K atydid
culm dump, to undertake to show that a paper which was
executed by Mr. Williams, prepared in the office o f Mr. Boland
behind the back o f Judge Archbald, and which w as not any
thing in the execution o f the business o f the partnership— if
you choose to call it a partnership— is to be evidence against
Judge Archbald w ithout showing that he had authorized or
had anything to do with it.
Does the fact that I enter into a partnership with a man to
purchase a piece o f property authorize him, without anything
more, to go and sell me out? lie is authorized to do anything
that may be necessary in the ordinary course o f buying and
selling that property; that is all I have agreed t o ; but when he
goes into the office o f another person, behind my back, and
signs a paper o f which I have no knowledge and years after
wards it is sought to introduce it in evidence against me in sup
port o f a criminal charge— a paper in which he undertakes to
sell me out and to make statements as to whrjfc I have said or
done at some prior time— I say that every principle o f evidence
and o f justice requires its exclusion.
This witness has not been asked— the managers have not
dared ask him— whether he w as authorized by Judge Archbahl to take Boland into partnership, for that is w hat it
amounts to. Here is evidence that A and B entered into a
partnership. Now, evidence is offered to show that one o f
them created another partnership made up o f A, B, and C.
That can not be done without the knowledge and consent
o f both o f them. When it is undertaken to do that and to
go further and to show not only that Judge Archbald was
brought into a new partnership, but to put into that w riting
something purporting to recite past transactions, which may
be used against him criminally in a subsequent proceeding, and
the instrument is put away in somebody’s drawer and kept
from the light o f day until a prosecution is sprung, it seems
to me that the Senate should require some evidence to connect
Judge Archbahl with it before it is put in evidence. In the
case o f Judge Swayne the managers insisted that the Senate
should hear what Judge Swayne had said before they ruled
it out, but the Senate sustained the argument which was
made on this side o f the Chamber by counsel for the respond
ent— that it should not be heard and should not be put into
the record until it was determined that it was competent.
The Senate held that it was incompetent. A fter reargument
it sustained that conclusion, and the evidence never did appear
in the record, and nobody knows to this day what it is without
going to a record in another place.
Mr. Manager W EBB. Mr. President-----The PRE SID EN T pro tempore. It is necessary that argument
shall conclude at some time, the Chair will say to the managers.
m e
CONGRESSIONAL RECORD— SENATE.
Mr. Manager W EBB. I just want fo make tlie point, Mr.
President, tliat the ruling in tlie Sent^c with reference to the
S wayne case lias no application to this evidence, because there
it was a constitutional question as to whether or not a man
under the Constitution o f the United States could have his
evidence used in two different places and he confronted with
it in the Senate— entirely a different question. This is a ques
tion o f trying the conduct o f this jhdge. W e say that he knew
his conduct was bad, and that he knew that this contract was
made with ffiis name as a silent party in it. W e say that the
Senate ou gh M o hear it ; it is a part o f the gist o f this charge
and ought to 13^ made known as evidence in this case.
Mr. W ORTHINGTON. W hen'counsel prove that Judge Arch
bald knew it, w e\ hall withdraw our objection.
The PRE SID EN T pro tempore. Before taking action in re
gard to this question the Chair desires to make a statement to
tlie Senate. Anticipating that questions o f the admissibility o f
evidence would arise, the present occupant o f the chair has
examined form er impeachment cases in order to ascertain what
w as the practice o f Presiding Officers themselves in regard to
deciding questions o f this character, or o f submitting them to
the Senate. Upon examination, it is found in form er impeach
ment cases that very liberally, to say the least, the Presiding
Officer had availed himself o f tlie privilege o f submitting the
matter to the Senate. In the Andrew Johnson impeachment case
in particular, which Was presided over by the highest judicial
officer in the land, Chief Justice Chase,'almost invariably every
question as to the admissibility o f evidence was submitted by
him to the Senate for its determination.’ W hile the present
occupant of the chair is not averse to taking responsibility in
a matter that is alleged by the counsel to be peculiarly vital
to the case, he feels that the matter should be submitted to the
Senate. He is more inclined to that course by the fact that
i f one single Senator differed from the conclusion o f the Chair
he would have the right to have the vote taken by the Senate.
Therefore, in this case the present occupant o f the chair w ill
submit to the Senate the question as to the admissibility o f the
evidence.
Mr. CULBERSON. Mr. President, I ask that the paper be
read, so that we may know what it is before we vote on its
admissibility.
The PRE SID EN T pro tempore. The Chair was about to state
that, in the opinion o f the present occupant, it is necessary
that the Senate should be inform ed o f the nature o f the paper
before Senators could determine whether or not it is admissible.
Therefore, in the absence o f any objection—and if objected to
that question w ill be submitted to the Senate— the present occu
pant o f the chair w ill direct that the paper be read to the
Senate.
The, Secretary read the paper, which is marked “ Exhibit 7,”
as in flow s:
EX H IB IT 7.
Assignment made tliis 5th day of September. A. D. 1911, by Edward
• . Williams, of the borough of Dunmore, County of Lackawanna an<^
T
State of Pennsylvania, party of the first part, to William P. Boland andt
a silent party, both of the city of Scranton, county and State above |
mentioned, par,ties of the second part. For services rendered or to be;
rendered in the future by W illiam P. Boland and silent party, whose?
name for the present is only known to Edward J. Williams, W . P(
Boland, John M. Robertson, and Capt. W . A. May. superintendent
the Hillside Coal & Iron Co., it is agreed by said Edward J. William;
who is the owner of two options covering a culm bank known as the
“ Katydid,” situate in the vicinity of Moosic, Pa., that he hereby
assigns two-thirds of any profits arising from the sale of the abovementioned property over and above the amounts to be paid John M.
Robertson and the Hillside Coal & Iron Co. S3,500 and $4,500 respec
tively, to be divided equally between W illiam P. Boland and silent party
mentioned above, their heirs, successors or assigns, and this shall be
their voucher for same.
E. J. W i l l i a m s ,
[ s e a l .]
W . L. Pirron.
The PRESID EN T pro tempore. The question is now sub
mitted for tlie determination o f the Senate whether the paper,
which has ju st been read, shall be admitted in evidence. Under
rule the vote must be taken by yeas and nays. When so
those who favor the admissibility o f the paper w ill vote
“ yea 7 ’v 4 iJ.hose who oppose the admissibility o f the pa
'tua
evidenceB9lta^M|M
The Secretary wi
Mr. POINDEXTER. Mr. President, I should like to inqui
i f it be within the rules o f the Senate sitting as a Court o f I
peachment to receive this evidence and to reserve a decision
to its admissibility? That practice is common in the cou
I f we undertake to vote upon each objection to the testimony,
at least each important objection to the testimony o f w!
nesses-----The PRE SID EN T pro tempore. The Senator has no righ
under the rule to discuss the question. The Senator has th
right, if he so desires, to submit an order to the Senate, which
would cover the point that he wishes to make.
\
D ecember 4
Mr. POIN D EXTER. Well, I ask leave to submit such qv,
order.
1
The PRESID EN T pro tempore. The Senator w ill p]eag
reduce it to writing.
/
'
^
Mr. LODGE and Mr. GALLINGER. Call the roll.
The PRESID EN T pro tempore. The/Senator from Washing
ton desires to have an order submitted t& the Senate preliminary
to the vote, as the Chair understands from the Senator's statey
ment. Of course, he has the right to-submit it, if the Chair
correct in that statement.
Mr. LODGE. I did not so understand him.
The PRESID EN T pro tempore. T h e Chair may have mis
understood the Senator from Washington, but that was tlie
Chair’s understanding.
/
Mr. PO IND EXTER. I present? the follow ing order, jjj.
President, I w ill s a y - V I
The PRE SID EN T pro temporal The Senator has not tlio
right to discuss it.
Mr. POIN D EXTER. Have I ho right to make an explana.
tion?
j
The PRESID EN T pro terapc#e. N o; the Secretary will re
port to the Senate the order ..submitted by the Senator from
Washington.
, &
The Secretary read as follows
Ordered, That the evidence be received and the decision as to m
admissibility be reserved.
>
\
The PRESID EN T pro teflapore. The Chair does not under
stand that that is subject to a p o in te d order on his part, and
is obliged to submit it to the Senate-as he would any other
order which is asked for. Therefore— —
Mr. LODGE. The roll call must first come on the order
proposed.
The PRE SID EN T pro/tempore. The Chair w ill give it that
direction— that the question o f admissibility w ill be first
taken, and then the question as to what office it shall perform.
The Chair w ill put the question upon the admissibility 0f
the evidence unless the Senator from Washington desires this
as an order preliminary to it.
Mr. PO IN D EXTER. I should like to have an opportunity
to read the written evidence proposed to be introduced before
being required to vote upon its admissibility. It is imprac
ticable to do that here. Consequently I have submitted this
order.
The PRE SID EN T pro tempore. The Chair w ill submit the
order to the Senate, and the Secretary w ill call the roll
upon the order asked for by the Senator from Washington.
Those who favor the adoption o f the order will, as their names
are called, vote “ yea ” ; those who are opposed to the adoption
o f the order submitted by the Senator from Washington will,
as their names are called, vote “ nay.”
Mr. CULBERSON. Mr. President, are we required to take
a yea-and-nay vote on this preliminary order? I think not
under the rule.
The PRE SID EN T pro tempore. The rule is that every vote
shall be taken by yeas and nays.
Mr. GALLINGER. Regular ord e r!
The PRESID EN T pro tempore. The Secretary will call the
roll.
The roll being called, resulted—yeas 3, nays 57, as follow s:
Y E A S — 3.
Poindexter
Clapp 1
Dixon
Ashurkt
Bacon
Borah
Brantegee
Brown
Bryan
Burnham
Burton
Clark, Wyo.
Clarke, Ark.
Crane
Crawford
Culberson.
Cullom
Cummins
N AY S— 57.
Martin, Va.
du Pont
Martine, N. J.
Fletcher
Foster
Massey
Myers
Gallinger
Nelson
Gardner
O’Gorman
Gore
Overman
Guegenheim
Page
Hitchcock
Penrose
Johnson, Me.
Johnston, Ala.
Perkins
Perky
Kenyon
Pomerene
La Follette
Richardson
Lodge
Root
McCumber
Sanders
McLean
Bailey
Bankhead
Bourne
Bradley
Briggs
Bristow
Catron
Chamberlain
CLuiton
NOT VOTING— 34.
Lea
Curtis
Davis
Lippitt
Dillingham
Newlands
Fall
Oliver
Owen
Gamble
Gronna
Paynter
Jackson
Percy
Reed
Jones
Smith, Ariz.
Kern
Shively
Simmons
Smith, Ga.
Smith, Md.
Smoot
Sutherland
Swanson
Thornton
Tillman
Townsend
Warren
V orks
Smith, Mich.
Smith, S. C.
Stephenson
Stone
W atson
Wetmore
W illiam s
— ------
The PRESID EN T pro tempore. The order is not^affopted.''
Tiih question recurs upon the question subm ittedJ^“7Tm present
occupant o f the chair, as. to whether the "paper read sha'4
CONGRESSIONAL RECORD— SENATE.
or shall not bo admitted in evidence. As tlieir names are called
Senators who favor the admission o f the paper in evidence will
w ote “ jr
ea
those who oppose it will, as tlieir names are called,
Tte “ nay.”
Mr. CLAPP. Could not the requirement for a yea-and-nay
vote be waived if there was no objection made?
The PRE SID EN T pro tempore. Undoubtedly.
Mr. CLAPP. W hy Hot test it in that w ay?
The PR E SID E N T prfe tempore. I f it is unanimous, the Chair
is o f the opinion that a yea-and-nay vote is not required, because
it is the same as if every Senator voted.
Mr. CLAPP. I suggest that the Chair first submit in a sug
gestive way whether it would be unanimous, and if so it would
save calling the rbll.
The PRE SID EN T pro tempore. The Chair will adopt the
suggestion o f the Senator from Minnesota and ask if there is
any objection to the admissibility o f the paper in evidence?
Mr. W ORTHINGTON. Mr. President, I should like to call
the attention o f the Presiding Officer and o f the Senate to Rule
VII adopted by the Senate am f'governing the proceedings in im
peachment cases. It p r o v id e s f
Or he—
/'
\
That is, the Presiding Officer—
A
Or lie may, at his option, fn the firsBinstance, submit any such question
to a vote of the Members «’f the Senate. Upon ull such questions the
vote shall be without a division, unless The yeas and nays he demanded
by one-fifth of the Members present, when the same shall he taken.
The PRE SID EN T pro tempore. That; is seemingly in conflict
with Rule X X III, and the Chair construes it to be governed by
tlie first portion o f Rule X X III, which expressly provides that
all orders and decisions o f the Senate must be by yeas and
nays. The onjy variation is when there is no division, which is
the same as if the roll had been called and everybody had
voted yea. T h erefore the Chair repeats the question.
Mr. C U L B E R S O N . I suggest to 1lie C hair th a t R u le X X I I I
m a k es p rovision su b ject to R u le VII, w h ich cou nsel has ju st
read.
The PR E SID E N T pro tempore. That is true, hut then it does
not have reference to that part o f the rule. The Chair can not
now discuss that question. The Chair w ill put the question
again. Is there objection by any Senator to the admissibility o f
the paper in evidence?
Mr. CLA RK o f Wyoming. There is.
The PRE SID EN T pro tempore. The Senator from Wyoming
objects. Therefore the roll w ill be called. As tlieir names are
called those in favor o f the admissibility o f the evidence will
vote “ yea
those opposed will, as their names are called, vote
“ nay.”
The roll was called ; and the result was announced-—yea
nays 0, as fo llo w s :
Asliurst
Bacon
Borah
Bristow
Brown
Bryan
Burton
< rawford
<"idberson
<'ulloni
<'am ni ins
Jfixon
du Pont
Braudegee
Burnham
Bailey
Bankhead
Bourne
Bradley
Briggs
Patron
< hanihei lain
Chilton
Clarke, Ark.
Y E A S — 55.
Massey
Fletcher
Myers
Foster
Nelson
Gardner
O’Gorman
Gore
Overman
Hitchcock
Page
Johnson, Me.
Perkins
Johnston, Ala.
Perky
Kenyon
Poindexter
La Foilettc
Poinerene
I .odge
Richardson
McCumber
Root
McLean
Sanders
Martin, Va
Shively
Martine, N. .T
.
N A Y S— 6.
Gallinger
Clark, Wyo.
Crane
NOT VOTING— 33.
Lea
Curtis
Lippitt
Davis
Newlauds
Dillingham
Oliver
Fall
Owen
( iamhle
Paynter
GTonna
Penrose
Jackson
Percy
.Tones
Reed
Kern
Simmons
Smith, Ga.
Smith, Md.
Smith, Mich.
Smith, S. C.
Smoot
Sutherland
Swanson
Thornton
Townsend
Warren
Wetrnore
Works
Guggenheim
i
/
Smith, Ariz. /
Stephenson /
Stone
/
Tillman
/
Watson
W illiam s
The PllE iSIDENT pro tempore. The Senate decides that the
paper is admissible, and it is so ordered.
The Chair desires, in the interest o f expedition and orderly
procedure, to suggest to both the managers on the part o f the
House and counsel for the respondent that hereafter when
incidental questions are to be discussed they be confined to an
opening and a reply and a conclusion. The Chair w ill not rule
that arbitrarily or positively, But trusts that counsel will act
upon its suggestion.
Mr. Manager W EBB. I understand that the contract is now
in evidence?
The P R E SID E N T pro tempore. The Senate lias so ordered.
107
Q.
(B y Mr. Manager W E B B .) Mr. Williams, who w as the
sfen t party referred to in this contract?— A. I do not know,
do not think I ever had anything to do with that.
Q.
Is that your signature [exhibiting paper to w itness]?— A.
That is my signature, but this is not the original. Where is
the one you took a picture of?
Q. Is that your signature?— A. Yes.
Q. You say this is your signature?— A. That is my signature;
yes, sir.
Q. Is it a copy o f the one yon signed. [A pause.] Did you
sign it in duplicate?— A. N o; I did not. Here they are; here
are two o f them [indicating].
Q. I w ill ask you this qu estion : Did you testify before the
Judiciary Committee o f the H ouse?—A. Y es; I did.
Q. Did you swear there that this contract contained the
names------ A. (Interrupting.) I do not remember anything about
such a paper.
Q. Let me ask my question first. Did you swear before the
Judiciary Committee o f the House that the silent party re
ferred to there was Judge Arc-hbald, and that lie knew that he
was put in that contract as a silent pa rty?— A. I d id ; yes.
Q. Sir?—A. That is what it meant; yes.
Q. Is that so?—A. Yes, sir.
Q. W hat do you say is so?—A. W hat is that?
Q. I want to know what you say is s q ; was he the silent
party referred to in this contract? D id he know that yo u had
put him in the contract as a; silent party?—A. N o; he did not
know anything about it ; th% judge did not know anything
about that.
\
Q. Who, then, was the party that you referred to in this
contract as the silent party?— %. I do not remember that I
\
ever did make that-----Q. I ask you again, did you kwear; before tlie Judiciary
Committee o f the House in this investigation?— A. I did ac
knowledge it at last.
Q. D id you acknowledge at last that you referred to him as
tlie silent party?—A. Because my namfe. w as there; but how it
got there I do not know.
Q. I ask you if you swore before the ju d icia ry Committee of
the House that you put the judge's iramc to this contract as
a silent party because you thought it woul<3, be unlawful to put
his name in it?— A. That it would be unlawful?
Q. I ask you if you testified to that before the Judiciary
Committee?—A. I do not remember. £
\
Q. I ask .you if you answered Jiffige XoiU|rs, on the comt
mittee, that the judge knew that he $ras a silei | party.
Mr. Manager CLAYTON. Judge AYehbald.
Q. (B y Mr. Manager W E B B .) That Judge Archbald knew
that he was a silent party?— A. I dofhot know about th at; 1 do
not know whether I did or n o t; I do not rem em b A
Q. D id you insert his name in there as a silent, party ?— A.
N o; I did not put liis name in t h e m . I did not putt that silent
party in there. 1 did not make that paper at all.
%
Q. To whom did you refer as tip silent party?— M . W hat is
hat?
|
%
Q. To whom did you refer as the silent party?— A. Boland
rew iqi that paper. Here are t wo more here.
Q. To whom did you refer when you signed that? Wf&un did
you refer to as a silent party? 1 w ill ask you if yoirfeswore
before the Judiciary Committee* that you put this in lk ere,
or that it was put in at y fu r own suggestion— “ ijlen t
p a rty ” ?— A. I did not put it in.J
tMr. NELSON. 1 submit we a le entitled to an answer t<i\lhe
preceding question before the managers ask another.
Mr. Manager W EBB. I think the Senator is right.
Q. (B y Mr. Manager W E B B .f I ask you again if you swore
before the Judiciary Committeejbf the House o f Representatives,
when this matter was under Investigation before it, that the
silent party referred to in this contract was Judge Archbald, and
that you told the judge you had referred to him as a silent
party?— A. I never told the judge.
Q. I ask you if you swore fo that before the Judiciary Com
mittee.— A. Well, it was a mistake, because I never told the
judge about it.
Q. Then, I ask you if you,pu t liis name in this contract and
referred to him as the silent party?— A. I told you it was not
me that put that in there.
Q. It was you who signed it, was it not?— A. I may have
signed it, but I never made that paper.
Q. I ask you whether you did not say when you signed it that
the judge was a silent party?— A. Well, it meant the judge, o f
course.
Mr. Manager W EBB. You could have said that tyro or three
minutes ago.
j, .
108
CONGRESSIONAL RECORD— SENATE.
Mr. WORTHINGTON. Mr. President, I object to the gentle
man lecturing the witness.
Q. (B y Mr. Manager W E B B .) You say “ silent p a rty ” meant
the judge. W hy did you not put the judge’s name in there?—■
A. I did not put bis name in there.
Q. I ask if you did not swear before the Judiciary Committee
that the reason you did not put his name in w as because you
thought it would not be law ful? [A pause.] Sir?—A. I do not
remember saying that. I do not remember that.
Q. I ask you now, then, if that was not the reason?
Mr. POMERENE. Mr. President, I desire to submit a ques
tion to be addressed to the witness.
The PRESID EN T pro tempore. The Senator from Ohio asks
that the follow ing question be prepounded to the witness. The
Secretary w ill read the question.
The Secretary read as follow s:
q,
W as*the paper read to you or t>y you before you signed it?
A. I do not think it was.
Mr. Manager W EBB. On behalf o f the managers, I ask per
mission o f the Senate at this point to cross-examine this w it
ness. M y reason for asking it is that it is perfectly evident
that he is a party in this transaction, that he is a friend to Judge
Archbald, and an unwilling witness, and hostile to this case. As
a preliminary to this request, however, I want to ask the w it
ness this question.
Q. (B y Mr. Manager W E B B .) I w ill ask you, Mr. Williams, if
you did not say in the Scranton Times, on the 27th o f April, a
week before you came to Washington to testify before the
Judiciary Committee, that you had papers in your possession
which would clear the judge?— A. Well before-----Q. Just answer that question.— A. Before the Attorney Gen
eral, do you mean?
Q. N o ; before you came to Washington to testify before the
Judiciary Committee. Was not this published in the Scranton
Times on April 27:
I have the papers in my pocket which will show the price we paid,
and when the case comes to that point my testimony will clear Judge
Archbald..
Did you not admit before the Judiciary Committee that you
put that in the Scranton Tim es; and did you not tell that to a
correspondent o f the Scranton Times, and was it not published
in your city?— A. I do not remember anything about that— not
a word.
Q. Who paid your expenses when you came to testify before
the Judiciary Committee?—A. The judge paid them, lie gave
me the ticket to come down.
Q. You mean Judge Arcbbakl?—A. Yes, sir.
Q. Are you a friend o f the judge?—A. I was friendly with
him ; yes, sir.
Mr. Manager W EBB. Mr. President, under thhse circum
stances we feel that in order to get from this witness the facts
that he has testified to here before, even, or to get a full state
ment from him, we are entitled to cross-examine him or lead
him.
The PRESIDEN T pro tempore. The Chair would suggest
that the manager proceed a little further without doing so.
Mr. Manager WEBB. Very well, sir.
Q. (B y Mr. Manager W E B B .) I will ask you if you did not
swear before the Judiciary Committee that you did sign this?—
A. Yes, sir; I did.
Q. You did?— A. I did sign that. That is my handwriting.
Mr. Manager WEBB. That answers the question. That is
your handwriting.
Mr. Manager CLAYTON. May I interrupt my colleague to ask
that he please identify the paper as to which the witness now
answers?
/
Mr. Manager WEBB..-■'This is the “ silent-party” contract
about which I am now talking.
Q. (B y Mr. Manager W EB B.) You admit you signed it?—
A. Y es; I signed it.
Q. You admit now that you signed it?— A. Yes, sir; I did.
Mr. Manager CLAYTON. What is the number o f the ex
hibit ?
Mr. Manager W EBB. Exhibit No. 7.
Q. (B y Mr. Manager W EB B.) When you signed it, did you
know the “ silent party ” was in it?—A. N o; I did not know it ;
and I do not know now. I do not know when or how that was
sign ed; I can not tell you.
Q. I will ask you again now, and please listen to this
question------ A. (Interrupting.) You know that in the Crawford
w ill case there have been some signatures put on the papers-----Q. I understand.— A. And it w as not written by Jim Craw
ford.
Q. You do not deny that at one time— whether it was in this
paper or not— you signed a paper in which you referred to ,
D ecember
Judge Archbald as a silent party?—A. No, sir. I would n
of.
swear I signed that.
1
Q. This paper?—A. Yes.
Q. Then we will discard this paper for the present. You <Ri
sign a paper?—A. I did.
Q. And did that “ silent p a rty ” refer to Judge Archbald’
A. Yes, sir.
Q. Did you tell Judge Archbald that you had done that’
A. To Bill Boland, you mean?
Q. N o; did you tell Judge Arebbald that you had referred t
him as a silent party------ A. N o; I do not know.
Q. In any kind o f a contract?— A. I,d o not know whether t
did or not.
A
Q. I w ill ask you i f you m ade th is response to M r. N okp.is in
the Ju d icia ry Com m ittee.
J
Mr. WORTHINGTON. Give (lie page, please.
.Mr. Manager W EBB. Page iflO.
Q. (B y Mr. Manager W E B B :) This is a question Mr. Noiti!ts
asked y o u :
Did the judge know that he was a silent partner?
Mr.
W il l ia m s .
He knew
tl$&t lie w a s a s i le n t p a r t n e r
all
r ig h t .
Is that true?—A. Y esRhe knew that he was a silent partner
Q. After the letter from Mr. May submitting a copy o f the
contract to you from him, did he rescind that contract a little
later by another letter?—A. H ow is that?
Q. I mean did Mr. May annul or withdraw the contract f0l.
the Katydid culnyClump which he was making to you so that lm
could make it to Mr. Bradley?—A. N o; Mr. Bradley took the
deed back to hjfn— that deed you read here to-day.
Q. That is right. Mr. Bradley did hand it back to him?
A. Yes.
Mr. Manager WEBB. There is no controversy about that’
1
Mr. W ORTHINGTON. No.
The W itxess . Because this lawsuit w as coming on.
Sir. Manager WEBB. I introduce Exhibit 8 .
Q. (B y Mr. Manager W E B B .) I wish you would listen to' this
am i see if you received that letter.
The Secretary read the letter referred to, which was m
arked
“ Exhibit 8 ,” as follow s:
[U . S. S. Exhibit S.]
A p k il 13, 19io
,
:
Mr. R iciiai : d B radley , Peckvillc, Pa.
D ear S ip. : Further in the matter of the interest of the Hillside Coal
& Iron Co. in the Katydid dump, referred to in mine of the 11th instant
to y o u :
Because of the complications brought to your attention yesterday at
the Laurel Line station our attorneys believe that it will be best for'yon
not to do anything whatever in connection with the matter until yon
hear further from me.
Yours, very truly,
W . A. M ay ,
Vice President and General Manager. '
■
(Copy to Mr. E. J. W illiam s, G2G South Blakely Street, Dunmorc, Pa.)
Q. (B y Mr. Manager W EB B.) Did you receive a copy of that
letter?— A. Yes, sir.
Q. W as the contract returned to Mr. May— this contract of
sale?—A. The deed was returned to him ; yes, sir.
Q. Well, the deed. It was returned to Mr. M ay?— A. It was
sent to Mr. Bradley to examine, to see if it was acceptable to
him.
Q. And it w as acceptable to him?—A. It was acceptable.
Q. This letter received two days later called it in, did it?—
A. Yes, sir.
Q. Since Mr. Bradley returned the contract, have you tried
to sell the culm bank to anyone else?— A. No, sir.
Q. I ask you if you tried to sell it to Mr. Thomas Howell
Jones?— A. Oh, no. That was before that.
Q. Did you try to sell it to Mr. Thomas Howell Jones?— a .
N o ; that was before Bradley.
Q. Whenever it was, did you try to sell it to Thomas Howell
Jones?— A. Yes, sir.
Q. Did you carry Thomas Ilow ell Jones to the judge's office?—,
A. W hat is that?
Q. Did you carry Thomas Howell Jones to the judge's office 1
did you go with him to the judge’s office?—A. Yes, sir.
Q. Did you in the presence o f the judge give him a 10-dav
option, at $25,000, on this dump?—A. Yes, sir.
Q. Do you know when it was that you gave Thomas Ilowell
Jones this 10-day option?—A. It was before B radley; a few
days before that.
Q. A few days before?—A. Y es; a few days before Bradley.
Q. Are you quite sure it was before, or w as it since?—A. Oil
it was before.
*
Q. W hy should it be before the time when you negotiated
with Bradley for it?—A. I did not negotiate with Bradley until
after Tom Jones.
Q. Then I w ill ask you if Mr. Thomas Howell Jones went
down to examine the culm dump after he had his $25,000 option •
1912.
CONGRESSIONAL RECORD— HOUSE
22. A letter from tlie Secretary o f the Interior, submitting
report o f expenditures from the permanent fund o f the Sioux
Indians during the fiscal year ended June 30, 1912 (H . Doc.
No. 1032) ; to the Committee on Indian Affairs and ordered to
be printed.
23. A letter from the Secretary o f the Interior, transmitting
detailed report o f expenditures o f money carried under the cap
tion o f “ Indian moneys, proceeds o f labor,” during the fiscal
year ended June 30, 1912 (H . Doc. No. 1031) ; to the Committee
on Indian A ffairs and ordered to be printed.
24. A letter from the Secretary o f the Interior, transmitting
report showing the expenditures for encouraging industry
among IndiaAg during the fiscal year ended June 30, 1912 (H .
Doc. No. 1027 ) \ t o the Committee on Indian Affairs and ordered
to be printed. \
25. A letter frfon the Secretary o f the Interior, transmitting
report o f expenditry.es for encouraging industrial work among
the Indians o f the I^luigue River Reservation, Mont., during the
fiscal year ended JuneNgO, 1912 (H . Doc. No. 1033) ; to the Com
mittee on Indian A ffa im a n d ordered to be printed.
2G. A letter from the Secretary o f the Interior, transmitting
letter o f the Acting ComiMssioner o f Indian Affairs, reporting
that ho Indian tribe for vn^jch appropriations were made has
engaged in hostilities a g a in s t the United States or its citizens
during the fiscal year ended JAne 30, 1912 (H . Doc. No. 1022) ;
to the Committee on Indian Affirms and ordered to be printed.
27. A letter from the Secret a rjAof the Interior, reporting that
there were no diversions o f appropriations for purchase o f sub
sistence for Indian tribes during thSjSscal year ended June 30,
1912 (II. Doc. No. 1023) ; to the Cofemittee on Indian Affairs
and ordered to be printed.
\
2S. A letter from the Secretary o f tlfie. Interior, transmitting
report showing expenditures for the relief o f destitute Indians
for the fiscal year ended June 30, 1912 (fly Doc. No. 1026) ; to
the Committee on Indian Affairs and ordered to be printed.
29. A letter from the Secretary o f the Infjfcrior, transmitting
report regarding the purchase o f supplies in%he open market
fo r the Indian Service for the fiscal year ended June 30, 1912
(H . Doc. No. 102S) ; to the Committee on Indian Affairs and
ordered to be printed.
%
30. A letter from the Secretary o f the Interior, Transmitting
statement o f expenses for the fiscal year 1912 from % he appro
priation “ Industrial work and care o f tim b er” ( H X p o c. No.
1025) ; to the Committee on Appropriations and ordered to be
printed.
31. A letter from the Secretary o f the Interior, transmitting
statement o f cost o f survey and allotment work on Indian rl&ervations fo r the fiscal year 1912 (II. Doc. No. 1024) ; to the Com
m ittee on Indian A ffairs and ordered to be printed.
%
32. A letter from the Secretary o f the Interior, transmitting,*
pursuant to law, result o f investigations made as to conditions
on the N avajo Indian Reservation at Shiprock, N. Mex., with
respect to necessity o f constructing bridges across San Juan
River at Shiprock (H . Doc. No. 1015) ; to the Committee on
Indian Affairs and ordered to be printed.
33. A letter from the Secretary o f the Interior, transmitting
statement o f documents received and distributed by the Depart
ment o f the Interior during the fiscal year ended June 30, 1912
(II. Doc. No. 1014) ; to the Committee on Expenditures in the
Department o f the Interior and ordered to be printed.
34. A letter from the Secretary o f the Interior, transmitting,
pursuant to law, a list o f buildings, etc., contracted for during
the fiscal year 1911-12 payable from Indian school and agency
buildings appropriations (H . Doc. No. 1018) ; to the Committee
°n Indian Affairs and ordered to be printed.
PU B LIC BILLS, RESOLUTIONS, AND M EMORIALS.
Under clause 3 o f Rule X X I I , bills, resolutions, and memo
rials w ere introduced and severally referred as follow s:
By Mr. R A K E R : A bill (H . R. 2G6G9) for the support and
education o f the Indian pupils at the Fort Bidwell Indian
School, California, and for repairs and improvements, and for
other purposes; to the Committee on Indian Affairs.
Also, a bill (H . R. 2GG70) for the support and education o f
the Indian pupils at the Greenville Indian School, California,
fo r repairs and improvements, to purchase and provide grounds,
erect buildings, and furnish the same, and for other purposes;
to the Committee on Indian Affairs.
By Mr. P A Y N E : A bill (H . R. 2GG71) for the purchase o f a
site and the erection thereon o f a public building at Lyons,
fr. Y .; to the Committee on Tublic Buildings and Grounds.
By Mr. K E N N E D Y : A bill (II. R. 26672) granting to the
Inter-City Bridge Co., its successors and assigns, the right to
construct, acquire, maintain, and operate a railway bridge
across the Mississippi R iver; to the Committee on Interstate
find Foreign Commerce.
135
By Mr. C A R T E R : A bill (II. R. 26G73) providing for the
final disposition o f the affairs o f the Five Civilized Tribes, and
for other purposes; to the Committee on Indian Affairs.
By Mr. G R IE S T : A bill (H . II. 26674) authorizing the Secre
tary o f W ar to donate to the Grand Army Post o f Mount Joy,
Pa., two bronze or brass cannon or fieldpieces; to the Committee
on M ilitary Affairs.
By Mr. B R A N T L E Y : A bill (H . R. 26675) for the survey o f
Brunswick (G a.) Harbor and outer ba r; to the Committee on
Rivers and Harbors.
By Mr. L A F F E R T Y : A bill (II. R. 26676) to provide addi
tional entries for certain homestead entrymen in the States o f
Arizona, California, Colorado, Idaho, Montana, Nevada, New
Mexico, North Dakota, Oregon, Utah, Washington, and W yo
m ing; to the Committee on the Public Lands.
By Mr. SU L ZE R : A bill (II. R. 26677) to promote the foreign
commerce o f the United States, and providing for the relocation
o f the pierhead line in the Hudson River between pier 1 and
W est Thirtieth Street, Borough o f Manhattan, in the city o f
New Y ork ; to the Committee on Interstate and Foreign Com
merce.
By Mr. P R O U T Y : A bill (H. R. 26678) to facilitate trans
portation and to prevent the use o f railroad cars for storage
purposes; to the Committee on Interstate and Foreign Com13261*06.
By Mr. L A F F E R T Y : A bill (II. R. 26679) to amend an act
entitled “ An act to amend section 2291 and section 2297 o f the
Revised Statutes o f the United States relating to homesteads,”
approved June 6 , 1912; to the Committee on the Public Lands.
By Mr. JOHNSON o f South Carolina: A bill (H . R. 26680)
making appropriations for the legislative, executive, and ju dicial
expenses o f the Government for the fiscal year ending June 30,
1914, and for other purposes; to the Committee o f the W hole
House on the state o f the Union.
By Mr. G A R N E R : Resolution (H . Res. 731) assigning a cer
tain room in the House wing o f the Capitol to the official re
porters o f debates; to the Committee on Accounts.
P R IV A T E B ILL S AND RESOLUTIONS.
Under clause 1 o f Rule X X II, private bills and resolutions
were introduced and severally referred as follow s:
By Mr. A S H B R O O K : A bill (II. R. 26681) granting an in
crease o f pension to W illiam L. Johnson; to the Committee on
Pensions.
By Mr. C A N T R IL L : A bill (II. R. 26682) granting a pension
to M ary E. E w ers; to the Committee on Pensions.
By Mr. C L IN E : A bill (II. R. 266S3) granting an increase o f
pension to John D ix o n ; to the Committee on Invalid Pensions,
k Also, a bill (II. II. 26684) granting an increase o f pension to
James II. R ow land; to the Committee on Invalid Pensions.
% so, a bill (II. R. 26685) granting an increase o f pension to
ChaSes Ehrm an; to the Committee on Invalid Pensions.
AlS^ a bill (II. R. 26686) granting an increase o f pension to
Benjamin F. Conners; to the Committee on Invalid Pensions.
Also, a bill (II. II. 26687) granting an increase o f pension to
John W. P qu lu s; to the Committee on Invalid Pensions.
By Mr. D R A P E R : A bill (II. R. 26688) granting a pension to
Louisa I. B aldw in; to the Committee on Invalid Pensions.
Also, a bill (H . R. 26689) granting an increase o f pension to
Caroline A. D od g e: to the Committee on Invalid Pensions.
Also a bill (II.-'R. 26690) granting an increase o f pension to
Luther B. G rover;"to the Committee on Invalid Pensions.
By Mr. DUPR15: A , bill (H . R. 26691) for the relief o f the
estate o f Hypolite A b & e , deceased; to the Committee on W ar
Claims
By Mr. G A R R E T T : AVbill (H . R. 26692) granting an in
crease o f pension to Daniel H ..R a n k in ; to the Committee on
Invalid Pensions.
\
Also, a bill (II. R. 26693) granting a pension to Levi W illiam
Walden * to the Committee on Pensions.
By Mr. GOEKE (by request)
bill (II. R. 26694) granting
an increase o f pension to Junius Thomas T u rn er; to the Com
mittee on Invalid Pensions.
By Mr. HAM ILTON o f W est V irg in ia : A bill (H . R. 26695)
granting a pension to Charles L. B oggess; to the Committee on
Pensions.
Also, a hill (H . R. 26696) granting an increase o f pension to
Eliza T aggart; to the Committee on Invalid Pensions.
By Mr. HO USTO N: A bill (II. R. 26697) for the relief o f the
heirs o f John G. B u rris; to the Committee oiflgVnr Claims.
By Mr. JA C O W A Y : A bill (II. R, 26698 )% ra n tin g an in
crease o f pension to Samuel R. P rice; to theVComipittee on
Invalid Pensions.
By Mr. L A F F E R T Y : A bill (II. R. 26699) granting a pension
to Harriet L. New ton; to the Committee on Invalid Pensions.
136
CONGRESSIONAL RECORD— SENATE.
Also, a bill (II. R. 2G700) granting a pension to Larkin
Russell; to the Committee on Invalid Pensions.
Also, a bill (H . It. 2G701) granting an increase o f pension to
Regina F. P alm er; to the Committee on Invalid Pensions.
By Mr. LEE o f Georgia: A bill (II. R. 2G702) granting a pen
sion to Stacy Ann W acker; to the Committee on Invalid Pen
sions.
|
By Mr. L1T T L E P A G E : A bill (H . R. 26703) granting an in
crease o f pension to James Youell, alias James M oses; to tlie
Committee on Invalid Pensions.
Also, a bill (II. R. 2G704) granting an increase o f pension t $
George W. C onnelly; to tlie Committee on Invalid Pensions
Also, d bill (H .'lt . 26705) for the relief o f the legal rep
sentafives o f George W. McGinnis; to the Committee on Y
Claims! §
By Mr; M ARTIN of South D akota: A bill (H . R. 2G|0G)
granting j& increase o f pension to Alonzo W agoner; to the Com
n
mittee oii: Invalid Pensions.
By Mr. N O R R IS: A bill (II. R. 26707) granting an iitfrease
o f pension to John II. Yarger; to the Committee on Invalid
Pensions. -A
By M r .ip ’ SH A U N E SSY : A bill (II. R. 26708) grafting an
increase o f pension to Margurite D. P olla rd ; to the Committee
on Invalid-Pensions.
By Mr. P A LM E R : A bill (IT. R. 2G709) granting a pension to
Ezra R. F uller; to the Committee on Invalid Pensions.
Also, a bill (If. R. 26710) for the relief o f John S JD orsliim er;
to the Committee on Military Affairs.
By Mr. PO ST: A bill (II. R. 26711) granting jjh increase o f
pension to T. J. L in dsey; to the Committee on Invalid Pensions.
Also, a bill (II. R. 26712) granting an increase o f pension to
Zaclmriah T. Alexander; to the Committee on invalid Pensions.
By Mr. R U SSE LL: A bill (H . R. 26713) granting a pension
to George IV. H ilton ; to the Committee on Invalid Pensions.
Also, a bill (II. It. 26714) granting an increase o f pension to
Newton D. C antw ell; to the Committee on Pensions.
Also, a bill (II. R. 26715) granting an increase o f pension to
Lefford Mathews; to the Committee on Invalid Pensions.
By Mr. SC U L L Y : A bill (II. It. 26716) granting an increase
o f pension to John I. W hite; to the Committee on Invalid Pen
sions.
By Mr. SHERW O O D: A bill (II. R. 26717) granting an in
crease o f pension,!to Sarah J. Cooper; to the Committee on In
valid Pensions.
Also, a bill ( II.UR. 26718) granting an increase o f pension to
Sarah J. H ill; to the Committee on Invalid Pensions.
By Mr. S W IT Z E R : A bill (II. R .; 26719) granting a pension
to James C. B o y d ; to the Committee on Invalid Pensions.
Also, a bill (II. yR. 26720) graftin g a pension to Homer
H oov er; to the Committee on Invalid Pensions.
Also, a bill (II. R. £6721) granting an increase o f pension to
Alexander R. G ating; t o the Conduit tee on Invalid Pensions.
By Mr. T IL S O N : A hill (H. R/26722) gi*anting an increase of
pension to John B. Hoolittlej^'to the Committee on Invalid
Pensions.
A
By Mr. T O W N E R : A bill ( f t . R. 26723) granting a pension
to Mary A. M illsap; to the Committee on Invalid Pensions.
By Mr. W IIIT A C R E : A bill (II. R. 26724) granting an in
crease o f pension to Chalkle^ Milbourne; to the Committee on
Invalid Pensions.
Also, a bill (II. R. 26725) granting an increase o f pension to
John A. S app; to the Committee on Invalid Pensions.
PETITIONS, ETC.
Under clause 1 o f Rule X X II, petitions and papers were laid
on the Clerk’s desk and referred as fo llo w s :
By the SPEAKER (by request) : Memorial o f the American
Chamber o f Commerce in Paris* favoring the enactment o f legis
lation tending to restore the American merchant marine to its
form er im portance; to the Committee on the Merchant Marine
and Fisheries.
By Mr. A SH BRO O Iv: Evidence to accompany bill (II. R.
16469) for the relief o f Lucien B. Beaumont; to the Committee
on Invalid Pensions.
By Mr. A Y R E S : Petition o f the Chamber o f Commerce o f
New York City, protesting against the General Board o f Ap
praisers o f New York customhouse being placed under control
o f Treasury Department; to the Committee on Expenditures in
the Treasury Department.
By Mr. D R A P E R : Petition o f the Chamber o f Commerce o f
the State o f New York, protesting against placing the Board
o f General Appraisers under any department o f the Govern
ment; to the Committee on Expenditures in the Treasury
1 tepartment.
By Mr. E S C II: Petition o f business men o f Thorp, Strum,
Eleva, Osseo, Mondovi, Eau Claire, Fairchild, Greenwood,
. Decembej
Witbee, and Owen, Wis., all asking that the Interstate Cg>^
merge Commission be given further power toward controllj-.J
thejexpress rates; to the Committee on Interstate and Foreig^
Commerce.
B y Mr. FO SS : Petition o f Lake Michigan Sanitary Associn
tjpn, Chicago, 111., favoring an appropriation to investigate thl
extent o f pollution in the lake w aters; to the Committee 0ll
.Interstate and Foreign Commerce.
$ By Mr. G A R R E T T : Papers to accompany bill granting
hu
increase o f pension to Daniel II. Rankin ; to the Committee 5
oa
Invalid Pensions.
Alsd, papers to accompany bill for grant!
a pension to l G
vi
W illiam W alden ; to the Committee on Pensions.
By Mf. M A N N : Petition o f the Deep (ju lf W aterways Asso
ciation, Little Rock, Ark., relative to the improvement of tw
.Mississippi River and its harbors, e t c ./ to the Committee 0 ?
1
Rivers an d Harbors.
/
Also, petition o f Division No. 1, Ordep o f Railw ay Conductors
protesting against the passage o f th ^ employers’ liability
workmen’s compensation b ill; to tt
ciary.
\
Also, petitiom of the Lake Michigan Sanitary Association, rep
ative to preventing the pollution o f the waters o f the ’Great
Lakes; to the Committee on Interstate and Foreign Commerce
By Mr. M O O R ^ o f Pennsylvania: Petition o f the Supreme
Council o f the OrdLr o f United Commercial Travelers o f Amer
ica, favoring the pa\sagd o f House bill 17736, changing the let
ter-postage rate to l \ e n t ; to the Committee on the Post Oftiee
and Post Roads.
\
Also, petition o f tlie^Supreme Council o f the Order o f United
Commercial Travelers \ f America, favoring the enactment 0f
legislation changing theulatfe of the national election; to the
Committee on Election oft President, Vice President, and Repre
sentatives in Congress.
\
By Mr. R E IL L Y : Petition o f the Supreme Council o f the
Order o f United Com m ercial Travelers o f America, favoring the
reduction o f letter-postage rate to 1 cent; to the Committee on
tlie Post Office and Post Roads.
Also, petition o f the Supreme Council o f the Order o f United
Commercial Travelers o f America, favoring a change in the
date of the national election; to the Committee on Election
o f President, Vice President, and Representatives in Con.
gress.
y
%
By Mr. STEPHENS o f C alifornia: Petition o f W. S. Han.
cock Council No. 20, Junior Order United American Mechanics,
L os Angeles, Cal., favoring the passage o f Senate bill 3175, f0l!
restriction o f immigration; to the Committee on Immigration
and Naturalization.
\
By M STEPHENS o f Texas : P etitioi\of citizens o f the thir
x*.
teenth congressional district o f Texas, favoring passage o f bin
for eradication o f the Russian thistle; to % e Committee on Ag.
riculture.
S
By Mr. S U L Z E R : Petition o f citizens o f New York and Pittsburgh, Pa., favoring the passage o f House bill 26277, establish
ing a United States Court o f Appeals; to the Committee on the
Judiciary.
By Mr. T IL S O N : Petition o f the Chamber o f ..Commerce of
New Ilaveu, Conn., favoring the passage o f bill making appro
priation for the improvement o f the New Haven H arb or; to the
Committee on Appropriations.
/
f
J
SENATE.
T h u rsd ay,
December 5, 1912.
Prayer by the Chaplain, Rev. Ulysses G. B. Pierce, D. D.
L itre L ea , a Senator from the State o f Tennessee, and R obert
U. O w en , a Senator from the State of Oklahoma, appeared in
their seats to-day.
The Journal o f yesterday’s proceedings was read and approved.
ANNUAL R
EPO T OF THE ATTORNEY GENERAL (ii. DO NO. 030).
R
C.
The PRESID EN T pro tempore (Mr. B acon ) laid before the
Senate the annual report o f the Attorney General for the fiscal
year ended June 30, 1912, which was ordered to lie on the table
and be printed.
CITIZENSHIP IN P R
O TO RICO (S. D C. NO. 008).
O
The PRESID EN T pro tempore laid before the Senate a communication from the Chief o f the Bureau of Insular Affairs,
transmitting, at the request of the Governor of Porto Rico. a
petition adopted at a mass meeting o f workingmen o f Porto
Iiico, praying for the enactment o f legislation granting American
citizenship to the people o f that Territory, which was referred
to the Committee on Pacific Islands and Porto Rico and ordered
to be printed.
/
1912.
CONGRESSIONAL R E C O RD -SEN ATE.
ing- in the Senate lo grant American citizenship to the people of Porj
Rico, I Ik' k to advise you that the following cablegram has now be
received from the governor of Porto Rico :
“ Referring to telegram from this office
*
*
*
by Santir
Iglesias, George R. Colton, governor of Porto Rico, appears erroneous!!
as a signer thereof. Cablegram was merely sent through this office as
a matter of eourtesv.”
K
Very respectful!v,
C h a s . C. TVa Bc u t t , Jr.,
Colonel, United States A rm y, Acting ClHcf of Bureau.
PETITIONS AND MEMORIALS.
Mr. NELSON presented resolutions adopted byfthe Minnesota
B oard o f Forestry, favoring an appropriation for the protection
o f forested watersheds at the headwaters o f na # gable streams,
which were referred to the Committee on Agriculture and
Forestry.
S
H e Vlso presented a petition o f sundry citizens o f Hawley,
Minn., \) raying for the passage o f the so-called Keuyon-Sheppard interstate liquor bill, which w as ordered to lie on the
table.
Mr. ClfiLLOM presented a memorial o f Beer Bottlers’ Local
Union NO.V248, o f Chicago, 111., and a memorial o f Local Union
No. 18, International Union o f the United Brewery Workmen,
o f Chicago,\lll., remonstrating against jflie passage o f the socalled Kenyhn-Sheppard interstate l i q ^ r bill, which were or
dered to lie 0,n the table.
H e also presented petitions o f theJ w Oman’s Christian Tem
perance Unions o f Sandoval, Cairo, Jjjbbinson, o f Edgar County,
o f Morgan County, and o f Edwardsjplie, and o f 1.59 citizens o f
Robinson, 55 citizens o f M orris Ci(#, and 117 citizens o f Lawrenceville, all in the State o f 1 1 1 prayi ng fo r the passage
o f the so-called Kenyon-Sheppard/interstate liquor bill, which
were ordered to lie on the table.
Mr. JOHNSON o f Maine preserved petitions o f sundry citizens
o f Vassalboro, KSttery, and W e # Newfield, all in the State o f
Maine, praying for the passage <jt the so-called Kenyon-Shfppard
interstate liquor ball, which wdte ordered to lie on the table.
Mr. M cLEAN presented a ljfemorial o f Local Union No. 37,
International Uni dp o f United Brewery Workmen, o f New
Haven, Conn., remonstrating against the passage o f the so-called
Kenyon-Sheppard interstate liquor bill, which was ordered to
lie on the table.
\
/
Mr. CU RTIS presented petitions o f sundry citizens o f Osage
City and Morland and|of tlife congregation o f the Lincoln Street
Presbyterian Church, ©f Ifich ita , ail in the State o f Kansas,
praying for the p a ssk eg o f the so-called Kenyon-Sheppard
interstate liquor bill, wajjpi w ere ordered to lie on the table.
b M t.s i n t r o d u c e d .
Bills were introduced,
ad the first time, and, by unanimous
consent, the second tim
d referred as fo llo w s :
B y Mr. NELSO N :
A bill (S. 7719) gran£ng rte increase o f pension to Winchester
E. M oore (w ith a c e o n y i i vk paper) ; and
A bill (S. 7720) g lin tin g \ n increase o f pension to Gustaf
Swanson (w ith acccwipauyinj&papers) ; to the Committee on
Pensions.
g
\
By Mr. S W A N S O # :
\
A bill (S. 7721) jto appoint J lre Maupin a passed assistant
paymaster on the iftire d list o f t\e N avy; to the Committee on
Naval Affairs.
§
\
A bill (S. 7722 )/to promote the efficiency o f the Public Health
Service; to th e/C om m ittee on Pi^fiic Health and National
Quarantine.
§
\
By Mr. LA F fL L E T T E :
\
A bill (S. 7t£3) to regulate the turn's o f employment and
safeguard the ^health o f females em payed in the District o f
Columbia in jfny mill, factory, m anufacturing or mechanical
establishment,' or workshop, laundry, bakery, printing, clothing,
dressmaking.£or millinery establishment,\piercantile establish
ment, store,/hotel, restaurant, office, or inhere any goods are
sold or distributed, or by any express or transportation com
pany, or iu the transmission or distribution o f telegraph or
telephone messages or m erchandise; to the jfcommittee on the
D istrict off Columbia.
By Mr. /P E N R O S E :
A bill ('S. 7724) fo r the better payment o f pensioners; and
A bill ?(S. 7725) granting a pension to Sarah E. G eiser; to
the Committee on Pensions.
By Mr. M cL E A N :
%
A bill (S. 772G) granting an increase o f pension to Sarah
McMunigale (w ith accompanjdng papers) ; to the Cron mi t tee on
Pensions.
%
By Mr. TOW NSEND :
%
A bill (S. 7727) granting a pension to John Reithipa-eir; to
the Committee on Pensions.
By Mr. SM ITH o f Arizona :
A bill (S. 7728) granting a pension to Mary Ann Golding; to
the Committee on Pensions.
509
By Mr. O W EN :
A bill (S. 7729) granting a pension to Neal England, alias
Joseph England (w ith accompanying papers) ; to the Committee
on Pensions.
By Mr. SM ITH o f M ichigan:
A bill (S. 7730) granting an increase o f pension to Mary P.
Pierce (w ith accompanying p a p e rs ); to the Committee on
Pensions.
By Mr. O ’G O R M A N :
A bill (S. 7731) for the relief o f the M orris & Comings Dredg
ing C o .; to the Committee on Claims.
By M r..,CRAWFORD (fo r Mr. G a m b l e ) :
A bill (S. 7732) providing for the disposal o f certain lands
containing.-coal and other minerals within portions o f Indian
reservation si heretofore opened to settlement and entry in the
State o f Soikh D a k ota ; and
A bill (S. 7733) providing for the disposal o f certain lands
containing coal and other minerals within portions o f Indian
reservations h%efcofore opened to settlement and e n tr y ; to the
Committee on Public Lands.
By Mr. C U R T IS :
A bill (S. 7734% granting an increase o f pension to Manerva
M cW illiam s (with%iccompanying i*apers) ;
A bill (S. 7735)%granting an increase o f pension to Frank
W e s t; and
%.
A bill (S. 773G) granting an increase o f pension to Allen
Meskimen (w ith accompanying papers) ; to the Committee on
Pensions.
\
i?
A bill (S. 7737) for % ie relief o f Dr. W. M. Stephens (w ith
accompanying papers) ; to the Committee on M ilitary Affairs.
By Mr. GUGGENHEI1& (by request) :
M
A bill (S. 7738) for th % relief o f the Wlnhfc River Utes, the
Southern Utes, the Uimimpahgre Ute*, the Tabeguache,
Muache, Capote, W eem inuc%. Yampa, G r;«ld River, and Uinta
Bands o f Ute Indians, knora also as 11 # Confederated Bands
o f Ute Indians o f Colorado, ai l to settloahid adjust their rights
under existing treaties and 1 y s; to t j e Committee on Indian
Affairs.
By Mr. C R A N E :
to W illiam Cornell; and
A bill (S. 7739) granting a ]%isi
Sion to Charles Franklin
A bill (S. 7740) granting
W h ite; to the Committee on Pensjffes.
By Mr. W E T M O R E :
A bill (S. 7741) granting an i 'Case o f pension to Soplironia
to the Committee on PenDixon (w ith accompanying pa y
sions.
M
|
By Mr. P A G E :
®
A bill (S. 7742) granting ^ 'pension To John D. O rcutt; to tlie
Committee on Pensions. S r
M
\
A
fr e n c ii
S po liatio n c l a im s .
Mr. CRAW FORD. M M President, I desire to present an
amendment which I at p e proper time expect to propose to the
amendment offered by;The Senator from Massachusetts [M r.
L odge], incorporating JSiat are known as the French spolhation
claims into the omnibps claim s bill. The% m endm ent w hich I
propose strikes from M e amendment o f thelSenator from Massa
chusetts the claims jp) far as they ask for, the reimbursement
o f insurance premiums and also freight e jp in g s . Necessarily
it is a long amendment. I desire to offer itW ow so that it may
be printed and li|t on the table, to be p r e s id e d in connection
with the amendment offered by the Senator ffipm Massachusetts.
The PRE SID EN T pro tempore. Without objection, the
amendment w ® be received and ordered p r ic e d , as requested
by the Senator from South Dakota.
$'
STATUE OF THOMAS JEFFERSON. %
Mr. SWASfSON. Mr. President, I desire to introduce a reso
lution to appoint a committee o f eight to participate in St,
Louis on A^ril 30, 1913, in the unveiling o f a stitu e w hich has
been erected there to Thomas Jefferson. The statue is to be
unveiled there upon the one hundred and tenth anniversary o f
the signing o f the treaty for the purchase o f Louisiana, with
the vaspexpanse o f territory included in it.
The * t . Louis Exposition bad some funds left, W h ic h were
contributed by the Federal Government tow ard aiding in the
erection o f this statue. By private subscription a fund lias
been/raised amounting to $450,000 for the erection o f an appro
priate statue o f Thomas Jefferson. The Louisiana Purchase
Ex position Co. thinks that the Government should be repre
sented upon this interesting occasion. A joint resolution lias
b W 1 introduced in the House o f Representatives, at the request
o f the president o f the exposition company and the trustees who
have had this fund and the erection o f the statue in charge, ap
pointing a committee o f eight by the House o f Representatives.
It seems to me that a committee o f eight should be appointed
by the Senate also to be present upon that occasion and, to
510
CONGRESSIONAL EECORD— SENATE.
show (lie interest o f Hie Senate in this splendid tribute to this
great A m erican statesm an.
fwt
X
In pursuance o f that view, which is concurred in by the presi
dent o f the exposition company and by the trustees who have
had the erection o f the monument in charge, I introduce a reso
lution which provides for eight Members as a committee o f the
Senate to be present at these interesting ceremonies. I have
thought it proper that the two Presidents pro tempore o f the
Senate who have been heretofore exercising this office should be
named— the present President pro tempore, the Senator from
Georgia [Mr. B a c o n ] , and the Senator from New Hampshire
[Mr. G at,l i n g e r ] . I have thought it proper that the Senator
from New York [Mr. R o o t ] , who is chairman o f the Committee
on Industrial Expositions, to which the resolution should be
referred, should be a member. I have thought it proper that
there should be another from the old 13 States, and that the
State o f Virginia, the birthplace o f Thomas Jefferson, should
also be represented, and I have named as a member o f the
committee the Senator from Virginia [Mr. M a r t i n ] ,
It is
thought that four from the territory that was acquired should
be named, and I have named the Senator from Iow a [Mr.
C u m m i n s ] , the Senator from Minnesota [Mr. N e l s o n ] , and it is
thought that it is but proper that the two Senators from Mis
souri should be there as representing a part o f the territory to
extend proper courtesy to visiting committees, and so Senators
R eed and S t o n e have been named as members o f the committee.
These suggestions were made by the president o f the exposi
tion company and the trustees in conference with Members of
the House and the Senate. I introduce the resolution and ask
to have it referred to the Committee on Industrial Expositions.
The PRE SID EN T pro tempore. The resolution w ill be read
and then referred.
■ The resolution (S. Res. 407) was read, as follow s:
Whereas the president of the Louisiana Purchase Exposition Co. has
informed the Senate that with the approval of Congress, as expressed
by an act of March 4, 1909, the Louisiana Purchase Exposition has
erected upon the site of the world’s fair in the city of St. Louis a
memorial to Thomas Jefferson, at a cost of $450,000, in commemora
tion of the acquisition of the Louisiana Territory ; and
Whereas this statue of Mr. Jefferson is to be unveiled and dedicated on
, the one hundred and tenth anniversary of the signing of the Louisiana
purchase treaty, the 80th of April, 1 9 1 3 ; and
Whereas the trustees in charge of this great memorial have, through
the president of the exposition company, requested the presence of a
committee of the United States Senate to participate in the dedi
catory services on the day nam ed: Therefore be it
Resolved, That a committee of Senators, to be composed of Mr.
R oot of New York, chairman of the Committee on Industrial Exposi
tions ; Mr. B ac on of Georgia and Mr. G a l l in g e r of New Hampshire,
the Presidents pro tempore of the Senate; Mr. M a r t in of Virginia,
Mr. C u m m i n s of Iowa, Mr. R eed of Missouri, Mr. N e l s o n of Minne
Mr. CULLOM. I suggest to the Senator that we had as well
b
pass the resolution now.
Mr. SWANSON. Mr. President, i f there is no objection I
ask unanimous consent for the present consideration o f the
resolution.
/
Mr. BRISTO W . Let me inquire if it calls for an expenditure
o f money?
Mr. SWANSON. I presume it, w ill involve an expenditure.
Mr. BRISTOW . Then, it ought to go to the cominittee.
Mr. LODGE. It must, under the law.
Mr. BRISTO W . It must go there.
Mr. CLARK E o f Arkansas. Then, it must go to the Com
mittee on Contingent Expenses.
The PRESID EN T pro tempore. There is no provision about
money in the resolution.
Mr. PENROSE. There is no provision about money in it.
Mr. CULLOM. Then w e might as well pass it.
Mr. SWANSON. I f the Senator from Kansas objects, it must
necessarily go to the committee.
Mr. CULBERSON. I understand the resolution does not
make an appropriation.
The PRESID EN T pro tempore. It does not.
Mr. CULBERSON. It is not necessary to refer it, then.
Mr. LODGE. Does it make a charge on the contingent fund?
The PRESIDEN T pro tempore. It does not.
Mr. STONE. I think the resolution had better be referred.
The PRESIDENT pro tempore. The resolution w ill be re
ferred to the committee.
Mr. CLARK E of Arkansas. Did the Chair indicate to what
committee it should be referred? I did not catch that part
o f it.
The PRE SID EN T pro tempore. The Senator from Missouri
suggests that it should he referred. Of course, one objection
would necessitate a reference.
Mr. CLARK E o f Arkansas. As to the character o f the ref
erence, if it calls for an expense to be paid out o f the contin
gent fund o f the Senate it must, under the statute, be referred
December
to the Committee to Audit and Control the Contingen
o f the Senate. I f the policy o f passing it at all is to be con
sidered, I presume the Committee on Industrial Expositions
would he the committee to which it should be referred.
The PRESIDEN T pro tempore. There is no provision in the
resolution for an expenditure.
Mr. CULLOM. None at all.
Mr. CLARK E o f Arkansas. Then it should go to that com
mittee.
The PRESID EN T pro tempore. The resolution will be re
feiived to the Committee on Industrial Expositions.
COMMERCIAL ORGANIZATIONS AND AGRICULTURAL ASSOCIATIONS
Mr. NELSON. I submit a resolution^ and ask for its presentconsideration.
£
The resolution (S. Res. 40G) was read, as follow s:
,<
Resolved, That
rected to furnish
list of National,
tional, State, and
be printed for the
the Secretary of Commerce and Labor is hereby <u
to the Senate not later than February 15, 10ia
State, and local commercial organizations, al so $jn
aiso NV
------„
...—
local agricultural associations, and that 1,500 conipJ
use of the Senate. .
s
Mr. NELSON. Mr. President, I wish to make a word o f ex
planation in reference to the resolution.
In 1906 Senator Frye secured the passage o f a resolution
o f this kind calling upon the Interstate Commerce Commission
to furnish the information, which the Interstate Commerce
Commission did furnish. The other day I introduced a reso
lution similar to that o f Senator Frye, calling upon the Inter
state Commerce Commission to furnish similar information to
that which it did in I9Q7. I have ascertained that the Inter
state Commerce Commission has not kept up the data since
that time, hut that all.the data is now in the possession o f the
Department o f Commerce and Labor, who can readily furnish
it without any trouble, while the Interstate Commerce Com
mission is not in the shape it was then.
I therefore ask for the adoption o f the resolution.
The PRE SID EN T pro tempore. The Senator from Minnesota
asks for the present consideration o f the resolution. Is there
objection?
/
There being no objection, the resolution was considered by
lu m im o n s d o n sip iif- and agreed i n
Sbnsent, n m l n<yi*APrl to.
OMNIBUS CLAIMS BILL.
The
IESIDENT pro tempore. The morning business is
closed.
M r,/CRAW FORD. I move that the Senate resume the con
sideration o f House bill 19115, known as the omnibus claims
bill.
The motion was agreed to ; and the Senate, as in Committee
« J5» '" . o l e ,
the consideration o f the bill (H . R.
3P™a4l°il f°A pa? ml V , “ f certain claims In
accordance with findings o f the Court o f Claims, reported under
under
the provisions of the acts approved March 3, 1SS3, and March 3
18S7, and commonly known as the Bowman and the Tucker Acts’
The PRESIDEN T pro tempore. The pending amendment is
one offered by the Senator from Massachusetts [Mr. L odge]
which w ill he read.
The S e c r e t a r y . It is proposed to add, at the end o f section
1 , the follow ing item s:
Velma. C. W illiam s, administrator of the estate of Taul Curtis
$4,128.39.
u s*
George T. Sampson, survivor of the firm of George T. and August
Sampson, $4,015.38.
Mr. LODGE. Mr. President, I stated yesterday the general
character o f these claims, based on awards o f the Selfridge
Board, and I do not know that it is necessary for me to say
anything further in regard to them.
Mr. CRAW FORD. Mr. President, the amendment offered by
the Senator from Massachusetts and one or two other amend
ments of the same character growing out o f the same condi
tions were proposed and printed and referred to the Committee
on Claims during the last session o f Congress. These amend
ments or claims which they describe were carefully examined
and the committee declined to accept them or incorporate them
into the bill.
The Senator from Massachusetts in his remarks yesterday
ancl in what lie has said this morning refers to the findings of
what is known as the Selfridge Board as an award. I do not
understand that they can be called an award. These claims
grew out o f contracts between certain companies and individ
uals and the Government that were in execution during the
Civil War. They were, I think all of them, connected with con
tracts for building paddle-wheel and side-wheel boats to act as
auxiliary boats in connection with the Navy.
There is no pretense whatever that there was any. violation
o f the contract with these people on the part o f the Government
o f the United States. They not only paid the contractors the
amount called for under their contract for building these boats,
1912.
CONGRESSIONAL RECORD— SENATE.
Arehbald was to share in the fee to he received or to obtain
some “ consideration for his services in attempting to make that
settlement,” if I may use the language o f the question. That
is a statement which necessarily relates to a past occurrence;
and a statement o f a past occurrence can not be a statement in
furtherance o f a conspiracy and can not be admissible, even if
there were evidence o f a conspiracy, which there is not.
I read, first— the books are here, but for convenience I read
from the brief which I have prepared— from a decision o f the
Supreme Court o f the United States in Logan against the United
States, One hundred and forty-fourth United States, pages 263
to 309. The exact quotation is on page 309.
Doubtless in ail cases of conspiracy the action of one conspirator in
the prosecution of the enterprise is considered the act of all and is evi
dence against all. But only those acts and declarations are admissible
under this rule which are done and made while the conspiracy is pend
ing and in furtherance of its object.
Not “ or in furtherance o f its object,” but “ and in further
ance o f its object.” There must coexist two things, a pending
conspiracy and a statement or declaration or act in further
ance o f the object o f the conspiracy while it is pending.
In Brown v . The United States (150 U. S., 98), after quoting
the clause which I have ju st read from the Logan case, and
stating the facts, which I w ill not weary you or the Senate
with, the Supreme Court proceeds:
I f a conspiracy was sought to be established affecting tlic plaintiff in
error, it would have to he" by testimony introduced in the regular way
so as to give the accused the opportunity to cross-examine the witness
or witnesses.
It could not he established by acts or statements of
others directly admitting such a conspiracy, or by any statement o f,
theirs from which it might bo inferred.
In Greenleaf on Evidence— reading from the paragraph whjgri
Mr. Manager F l o y d quoted the other day when this question
was raised— I read th is:
jF
Declarations of conspirators: The same principles apply to m e acts
and declarations of one of a company of conspirators in regasfl to the
common design as affecting his fellows. Here a foundatioir^iust first
he laid by proof sufficient in the opinion of the judge to estafnish prima
facie the fact of conspiracy between the parties, or p ro p # to be laid
before the jury as tending to establish such fact. Thejronnection of
the individuals in the unlawful enterprise being thus shgjtvn—
That is by original proof—
f
every act and declaration of each member of the Qrofederacy, in pur
suance of the original concerted plan and with reference to the common
object, is, in contemplation of law, the act and declaration of them all,
aud is therefore original evidence against each ojrthem.
(Greenleaf on
Evidence, 14th Ed., Vol. I, pp. 149, 150.)
577
attorney for Boland. I care not who he w as attorney for. The
question which here is raised is, whether or not tln»y were
partners or conspirators in an unlawful act, which two were the
judge and Watson.
In closing the argument, sir, I only want to LrrTng home to you
an illustration which seems to me w ill fh#Hjxactly everything
that appears in this case.
jr
Let us suppose that an indictment L^round against a Member
o f Congress, charging him with misdemeanor in ofiice, in that
he has undertaken, for a consideration, to obtain the appoint
ment o f some other party to a iijsnlic position, and upon the trial
this proof is ad du ced: It is skjrwn that the defendant, the Mem
ber o f Congress, together wJOi the applicant for the office, went
to other Members o f C on ffess and to friends o f the President,
and to the President hnpifelf, and urged upon the President that
he should appoint tlnsljparticular man to office, and in that state
o f the case there w l’s a proffer o f proof by a third partv, that
the applicant h a j m i d to him that the consideration for' which
the Member offU ongress was using his influence in the way
stated was (W r he, the Member o f Congress, should receive a
portion o f $fe salary that the applicant would get if he were
appointed^© the office.
N ow,jpBes anyone suppose for a moment that that evidence
w ou ldjie admitted? And yet that, I submit, is an exactly paral
lel c m e to the one that is here. You have tw o people in each
case acting together for a common purpose— to wit, in the one
efffe to obtain an appointment to office; in the other, to setm e some pending controversy.
You have in the one case a
proposition to prove by a third party the statement o f one o f
the persons as to the consideration for which it is said the de
fendant in the particular case was acting, ju st exactly as the
question which is here read.
The fault in each case— the fault in the offer o f proof in the
supposed case, and the fault in the offer o f proof in this case,
entirely outside o f the question to which I have adverted some
what at length, on the subject o f the fact that it w as some
thing said in the past— the fault in each case rests on the as
sumption that the endeavor to help a man is a wrong, whether
the helping o f a man is by a Member o f Congress who in the
future may obtain favors from the President or from the appli
cant, or from a judge on the bench who may obtain in the future
favors from somebody else, makes no difference whatsoever.
There must be shown first that there w as existing that which
was w ron g fu l; not the mere intention to help, but that that in
tention to help was w rongful in and o f itself because o f some
thing connected with It, before there can be admitted the decla
rations o f one party against the other.
But you w ill perceive, sir, it is o n # the things done in
furtherance o f the conspiracy. First, you must show the con
spiracy, then you may admit the declarations made in further
ance o f it, but not declarations w hich& re made or statements o f
Mr. WORTHINGTON. Mr. President, I simply wish to call
things which have preceded the tinnyof the statement.
Now, I read from Taylor on Evidence, because in that and attention to the precedent cited by Mr. Manager S t e r l in g and
one other authority it is more urcarly put than in any I have which Mr. Simpson had no opportunity to look at. Mr. Manager
S t e r l in g did not give us the page or state what the question
yet been able to find. In section 593 he sa y s:
Care, however, must be tak eiyto distinguish between declarations, was, but while Mr. Simpson was speaking I asked Mr. S t e r l in g
which are either acts in them s«yes purporting to advance the object for it, and he referred to Third Hinds’ Precedents, at the top o f
of the criminal enterprise, or which ac 5ompanv and explain such acts,
and those statements, whether written or oral, which, although made page 561, where the ruling was made on which he relies, and
during the continuance of ttfe plot, are, in fact, a mere narrative of that i s :
the measures that have aweady been taken. These last statements
are, as before explained, iiyTdmissible. The distinction here referred to
may be well illustrated b f the case of Hardy, who was prosecuted for
high treason.
There a J itter written by a coconspirator to a private
friend, unconnected w itjf the plot, which gave an account of the pro
ceedings of a society t<Avhicli the writer aud the defendant were proved
to have belonged andAthich inclosed several seditious songs stated to
have been composed y y the writer and sung by him at a meeting of the
society, was rejected on the ground that it was not a transaction in
support of a consnfracv. but merely a relation of the part which the
writer had taken/un the plot, and, as such, only admissible against
himself.
/
In the ca se /o f State v. Gilmore—and I am reading from 35,
Law yers’ Reports, Annotated— at page 10SS this is s a id :
To render/such evidence admissible two conditions are absolutely
essential: < /) That the acts or declarations sought to be shown were
done or mohe pending the conspiracy, and (2) they were in promotion
of its object or design. * * *
The theory of the State seems to have been that the alleged con
spiracy might be shown by declarations of the deceased alone.,- No
authority so holding has been cited, and none can be found. Certainly
nothing said in State v. Crawford warrants such a conclusion. There
a letter written by the victim of abortion to her paramour, after the
latter was shown to have entered into a conspiracy with the defendant
therein, was held to be admissible in evidence as tending to establish
hev connection with the conspiracy; that is, that she was either joining
in the enterprise of the other two or entering into an unlawful
arrangement with the one addressed.
But no one will pretend that
this letter alone implicated the defendant therein.
Nor is there any
ground for saying that the declarations ot deceased alone tended to
connect this defendant with any conspiracy. A s to him, these were
in the nature of hearsay, until there was prima facie proof of some
unlawful arrangement or agreement between them, in which event they
were a part of the res gestae.
Now. sir, I do not think it worth while to undertake to
answer Mr. Manager S terling ' s argument that there is som e
particular weight to be given to the fact that Mr. W atson was
X L IX
A t the end of the debate the Chief Justice said :
“ The Chief Justice is of opinion that no sufficient foundation lias
been laid for the introduction of this testimony. He will submit the
question to the Senate with great pleasure, if any Senator desires it
The question is ruled to he inadmissible.”
Mr. Jacob M. Howard, of Michigan, a Senator, asked that the question
be taken by the Senate; and being put, “ Shall the question proposed by
Mr. Butler be put to the w itness?” the yeas were 28 and the nays 22.
So the question was put.
Hinds simply gives the outlines o f these things, and it is im
possible from what he says o f it to know ju st what the question
was. But in the official report o f the Johnson trial, in which
there is a full statement o f everything that took p la c e — by
the official reporters, F. and J. Rives and George A. B a i l e y published ju st after the trial, I find the exact language.
Mr. Manager STERLING. Mr. President, may I inferrupt
the counsel?
Mr. WORTHINGTON. Certainly.
Mr. Manager STERLING. You will find, if von read Hinds
that the question called for statements which President John
son had made to Thomas and which Thomas had made lo this
witness— statements about things which had already occurred—
and it answers everything that the gentleman said on that side
o f the case.
Mr. SIMPSON. I would sooner take the Supreme Court, o f
the United States on the question.
Mr. Manager STERLING. The Supreme Court pf the United
States has not determined differently, either.
Mr. W ORTHINGTON. Either, Mr. President, Mr. Manager
S terling is in error a bou t what was decided or lie has pointed
out to me the wrong decision.
CONGRESSIONAL RECORD- -SEXATE.
578
I am going to call attention to wliat was tlie question that j
was decided in the language that I have read. I presume the
Members o f the,Senate remember at least the outlines o f the
case against President Johnson, so far as it relates to what wai
involved in this question. The President had undertaken t<
?
remove Mr. Stanton from the office o f Secretary o f W ar and'
to appoint Lorenzo Thomas, the Adjutant General o f the Army,
as his successor, in violation o f what was called the tenure-ofoffiee act, which made it a criminal offense for the President to
do that; and the President being impeached, charged with hav
ing entered into a conspiracy with Gen. Lorenzo Thomas to
violate the tenure-of-office act, Gen. Thomas is on the stand and
is being questioned, and this is the question:
Shortly before this conversation about which yon have testified, ancl
after the President restored M aj. Gen. Thomas to the office of Adjutant
General, if you know the fact that lie was so restored, were you present
in the W a r ‘Department and did you hear Thomas make any statements
to tlie officers and clerks, or cither of them, belonging to the \ ar
\
Office as to the rules and orders of Mr. Stanton ;
Mr. Manager STERLING. After reading that, does the coun
sel for the respondent insist that Gen. Thomas was the witness
to whom the quesiton was put? It was a third party.
Mr. WORTHINGTON. N o; Mr. Burleigh, a delegate, was
tlie witness. Y es; I made a mistake about that. But it was
as to the declarations o f Gen. Thomas. Gen. Thomas was a
witness, and these questions were raised on his examination,
too. But this question was whether the witness was present
and heard Gen. Thomas make these statements. W hat state
ment? Statements as to what President Johnson had said?
Nothing o f the kind.
Shortly before this conversation about which you have testified,
and after tiie President restored M aj. Gen. Thomas to the office of
Adjutant General, if you know the fact that he was so restored, were you
present in the W ar Department and did you hear Thomas make any
statements to the officers and cierks, or either of them, belonging to
the W ar Office as to the rules and orders of Mr. Stanton or of the
office which lie— Thomas— would revoke, relax, or rescind in favor
such officers and employees when he had control of the affairs therei
If so, state when, as near as you can, it was such conversation occurr
and state all he said as nearly as you can.
The question asked the witness there was whether he lieA d
Gen. Thomas say what he was going to do when he got in con
trol o f the W ar Department and not a w ord as to what Prpsi
dent Johnson had said.
In the report I have here, which I w as about to read, tic r e
is given what Hinds in his work does not give. It g iv e s not
only the question and the discussion and the ruling ant# the
overruling o f the Chief Justice by the Senate but the testimony
given in reply to the question, and here it is :
The general remarked to me that lie had made an arrangem
have all the heads or officers in charge of the different departme
the office corne in with their clerks that morning, and he wan
address them.
He stated that the rules which had been adopt
tlie government of the clerks by his predecessor were of a very arb
character, and lie proposed to relax them.
And so on about that conversation, about what he was
to do when he got hold o f the W ar Department. Not one \\%rd
about what President Johnson' had said to him. As a matter
o f fact, in that trial the turning point o f the rules o f eviden
in that case was the great question o f whether the Presiden
should bo allowed to prove the conversation he had had with
members o f his Cabinet before he undertook to remove Mr.
Stanton, and after one o f the most able and lengthy discussions
ever heard in a court on a question o f evidence it was ruled
out, and the Senate held the evidence could not be introduced.
So the only precedent that is brought here in support of the
contention o f Mr. Manager S t e r l in g is one which has not any:ng to do with the case.
The PRESID EN T pro tempore. The Chair has ruled on this
question, and the managers have asked that it be again consid
ered. The present occupant o f the Chair is but the mouthpiece
o f the Senate, and the matter having again been brought to the
attention o f the Senate for consideration, it being deemed on
pitch side a vital one, the Chair thinks under the circumstances
if'sliou ld he submitted to the Senate. Having once ruled on it,
the Chair does not think it would be proper under the circum
stances to rule on it again.
Mr. SMOOT. I suggest the absence o f a quorum.
Tlie PRESIDENT pro tempore. The Senator from Utah sug
gests the absence o f a quorum. The Secretary w ill call the roll
o f the Senate.
The Secretary called the roll, and the following SeTf:
answered to their nam es:
Bacon
Brandegce
Bryan
Burnham
Burton
Chilton
Clapp
Clark, Wyo.
D ecember 13
-------- ------------------------------------------ J r
L
Crane
Crawford
Culberson
Cullom
Curtis
Fletcher
Foster
Gallinger
Gronna
Hitchcock
Jackson
Johnston, Ala.
La Follette
Lea
Lodge
McCumbcr
McLean
Martin, Va.
Martin e, N. J.
Myers
Nelson
O’ Gorman
Oliver
Overman
Page
Paynter
Penrose
Perkins
Perky
Pomerene
Reed
Root
Simmons
Smith, Ga.
Smith, Md.
Smith, Midi.
Smoot
Stone
Sutherland
Swanson
Thornton
Tillman
Townsend
Warren
Wetmore
Williams
Works
Mr. CULBERSON. I desire to state, for the day, that the
Senator from Oregon [Mr. Chamberlain] is detained from the
Chamber on business o f the Senate.
Mr. BRYAN. Mr. President, I have been requested to an
nounce that the junior Senator from South Carolina [Mr.
Sm ith ] is absent on business o f the Senate.
The PRESIDEN T pro tempore. Upon the call o f the roll 5 5
Senators have answered to their names. A quorum is present.
The Chair will submit to the Senate the question which was
propounded by the managers and which was objected to on the
part o f the respondent. The Secretary will read the question.
The Chair w ill state, before the question is read, that this
question was propounded by the managers and objected to by
counsel in behalf o f the respondent; and the question before
the Senate is, Shall the testimony be admitted in evidence?
The Secretary will now read the question.
The Secretary read as fo llo w s :
Q. (By Mr. Manager F lo yd .) N ow , Mr. Boland, I will ask you to
state whether or not during the course of these negotiations you had
any conversations with Mr. Watson relative to Judge Archbald’s inter
est or participation in this settlement, and particularly as to whether
he was to share in the fee or receive any money or other pecuniary
consideration for his services in attempting to make that settlement?
The PRESID EN T pro tempore. Senators, as your names are
called, those who favor the admissibility o f the evidence will
respond “ yea,” those who are opposed to its admissibility will,
as their names are called, respond “ nay.”
The Secretary called the roll, which resulted as follow s:
Asluirst
Chilton
Clapp
Crawford
Culberson
Cullom
Curtis
Foster
Y E A S — 29.
Myers
Gronna
Hitchcock
O’Gorman
Johnston, Ala.
Overman
Kenyon
Perkins
Perky
La Follette
Lea
Pomerene
Reed
Martin, Ya.
Simmons
Martine, N. J.
Brandegce
Bryan
Burnham
Burton
Clark, Wyo.
Crane
Fletcher
Gallinger
Jackson
Lodge
MeCumber
McLean
Nelson
Oliver
Bacon
Bailey
Bankhead
Borah
Bourne
Bradley
Briggs
Bristow
Brown
Catron
NOT VOTING— 40.
Chamberlain
Gore
Guggenheim
Clarke, Ark.
Johnson, Me.
Cummins
Jones
Davis
Kern
Dillingham
Dixon
Lippitt
Massey
du Pont
Newlands
Fall
Owen
Gamble
Paynter
Gardner
N AY S— 25.
Page
Penrose
Root
Sanders
Smith, Mich.
Smoot
Sutherland
Smith, Ga.
Stone
Swanson
Thornton
Tillman
Townsend
Warren
Wetmore
Works
Percy
Poindexter
Richardson
Shively
Smith, Ariz.
Smith, Md.
Smith, S. C.
Stephenson
Watson
Williams
Mr. CULBERSON (after having voted in the affirmative). 1
[Mr. du P o n t ] has
voted.
The PRESID EN T pro tempore. The Chair is informed that
he has not voted.
Mr. CULBERSON. As I have a general pair with the Sena
tor from Delaware, I withdraw my vote.
Dir. LODGE, air. President, I do not understand that pairs
can be announced.
Mr. CULBERSON. I f it is generally understood that pairs
are not to prevail in a matter o f this kind, I will let my vote
stand.
air. GALLINGER. On that point, air. President, I w ill state
that I have a general pair, but I did not suppose it applied in
this case and so I voted.
M j. O’GORMAN, air. President, may I state, in explanation
o f the absence o f the junior Senator from aiaine [air. G a r d
n e r ] that he is necessarily absent from the Chamber on public
business?
The PRESIDEN T pro tempore. On this question there are
29 votes in the affirmative and 25 votes in the negative. So the
Senate has ordered that the question be propounded.
Mr. Manager IT ,O H ), .air. President, shall I proceed?
The PRESIDEN T pro tempore. The manager will propound
the question passed upon by the Senate.
air. Manager FLOYD. W e ask that air. C. G. Boland be
recalled.
Q. (B y air. aianager FLOYD.) “ Now, air. Boland, I w ill ask
you to state whether or not during the course o f these negotia
tions you had any conversation with air. Watson relative to
w ill ask if the Senator from Delaware
C O N C E SSIO N A L RECORD— SENATE
1912.
The PRE SID IN G OFFICER. The entry o f May 15, 1911, w ill
By Mr. M O TT: Petition o f tlie American Federation-of Labor,
favoring the passage o f the vocational educational bill (S. 3) ; be read.
The Secretary. Page 239 of the Journal. The proceedings in
to the Committee on Agriculture.
Also, petition o f the Knights o f Labor, Washington, D. C., the Congressional R ecord, page 1204. are as fo llo w s :
The P r e s id in g O f f ic e r . The Senate will proceed to the election of a
favoring the passage o f Senate bill 3175, for the restriction o f
im m igration; to the Committee on Immigration and Naturaliza President pro tempore.
The Chair desires to say, before action is taken, that on Thursday
tion.
last the Senate, by unanimous consent, suspended clause 2 of Rule i,
By Mr. O’ SH A U N E SSY : Petition o f the Federation o f Jewish which provides that the Secretary shall take the chair pending the elec
Farmers o f America, New York, N. Y., favoring the establish tion of a President pro tempore, and continued in the chair its present
occupant.
Whether that action was intended to he continuous, cover
ment o f farm ers’ credit unions; to the Committee on Banking ing all proceedings connected with the election of a President pro
tempore, or was for that day only, it is not for the Chair to deter
and Currency.
By Mr. R E Y B U R N : Petition o f the Pennsylvania W holesale mine. It is for the Senate to determine that question before we pro
ceed further.
Liquor Dealers’ League, Philadelphia, Pa., protesting against
Mr. S h i v e l y . I ask unanimous consent that clause 2 of Rule I he
the passage o f the amended Kenyon liquor bill (S. 4043) ; to suspended and that the senior Senator from Massachusetts [Mr. L o d g e ]
occupy the chair during the proceedings to elect a President pro tem
the Committee on the Judiciary.
pore.
By Mr. SP A R K M A N : Petition o f citizens o f nine counties in
The P r e s id in g O f f ic e r . The Senator from Indiana moves that
Florida, favoring the passage o f the Kenyon amended liquor the present occupant of the chair continue to occupy it during the pro
ceedings—-— bill (S. 4043) ; to the Committee on the Judiciary.
Mr. S h i v e l
Also, petition o f the Board o f Trade o f Eustis, Fla., favoring mous consent. y . I f the Chair please, I made no motion. I asked unani
the reducing o f letter postage to 1 cent; to the Committee on
The P r e s id in g O f f ic e r . The Senator from Indiana asks unanimous
consent that clause 2 of Rule I he suspended, and that the present occu
the Post Office and Post Roads.
proceedings connected
By Mr. T H A Y E R : Petition o f the Men's Brotherhood of pant of the chair continue to occupy it during the there objection? The
with the election of a President pro tempore. Is
Union Church, Worcester, Mass., favoring the passage o f the Chair hears none, and it is so ordered. (Proceedings of Senate, May
Kenyon bill relative to cleaning up o f Washington for the in 15, 1911.)
auguration ; to the Committee on the D istrict o f Columbia.
The PRE SID IN G OFFICER. Acting under that resolution,
By Mr. T IL S O N : Petition o f the National Vehicle Associa as the term for which the Senator from Georgia [M r. B acon]
tion o f the United States o f America, Chicago, 111., relative to was chosen President pro tempore has expired, the present occu
the reorganization o f the Consular and Diplom atic S ervice; to pant o f the chair has called the Senate to order for the purpose
the Committee on Foreign Affairs.
o f choosing a President pro tempore.
Mr. SMOOT. On Saturday, December 14, I offered an order
and asked for its immediate consideration-----SENATE.
Mr. B R ISTO W . Mr. President-----The PR E SID IN G O FFICER. The Secretary w ill read the
M o n d a y , December 16, 1012.
resolution submitted by the Senator from Utah.
Mr. BR ISTO W . I rise to a point o f order.
The Senate met at 11 o’clock a. m.
The PRE SID IN G O FFICER. The Senator from Kansas w ill
Prayer by the Chaplain, Rev. Ulysses G. B. Pierce, D. D.
J onathan B oubne, Jr., and George E. C hamberlain, Sena state it.
Mr. BR ISTO W . There is no business in order except to
tors from the State o f Oregon, and W esley L. Jones, a Senator
proceed by ballot to elect a President pro tempore under the
from the State o f Washington, appeared in their seats to-day.
rule.
ELECTION OF PRESIDEN T PRO TEMPORE.
Mr. SMOOT. I asked on Saturday that the order might lie
Mr. LODGE called the Senate to order as Presiding Officer.
on the table, and now I ask that it be presented to the Senate.
Mr. SMOOT. Mr. President, I suggest the absence o f a
Mr. BR ISTO W . I make tlie point o f order that that is not
quorum.
The Senator from in order until a President pro tempore bas been elected, and
T h e PR E SID IN G O FFIC E R (Mr. L odge)
Utah suggests the absence o f a quorum, The Secretary will tlie way to elect a President pro tempore under tlie rule is by
ballot.
call the roll.
The PR E SID IN G O FFICER. W ill the Senator read the
The Secretary called the roll, and the follow ing Senators
rule?
answered to th e ir n a m e s :
Mr. BR ISTO W . Page 84, Jefferson's M an ual:
Ashurst
Bacon
Bankhead
Borah
Bourne
Brandegee
Bristow
Brown
Bryan
Burnham
Burton
Chamberlain
Chilton
Clapp
Clark, W yo.
Clarke, Ark.
Crane
Crawford
Culberson
Cullom
Curtis
Dixon
Fletcher
Gallinger
Gore
Gronna
Guggenheim
Jackson
Johnson. Me.
Johnston, Ala.
.Tones
Kenyon
La Follette
Lea
Lodge
McCuinber
Martin, Ya.
Martine, N. J.
Massey
Nelson
Newlands
O'Gorman
Oliver
Overman
Owen
Page
Paynter
Perkins
Perky
Poindexter
Reed
Richardson
Root
Sanders
Simmons
Smith, Ga.
Smith, Mich.
Smith, S. C.
Smoot
Stephenson
Stone
Sutherland
Swanson
Thornton
Tillman
Townsend
Wetmore
Works
Mr. PAGE. I am compelled to announce the continued i$hifss
o f my colleague [Mr. D i l l i n g h a m ] and his necessary a b f e c e
from the sessions o f the Senate.
The PR E SID IN G OFFICER. Sixty-eight Senators hr
swered to their names. A quorum o f the Senate is pr
The Chair w ill ask the Secretary to read an extract frmj
Journal o f the Senate.
The Secretary read from the Journal o f the Senate o f r
.
day, May 11, 1911, as follow s:
ion
The P r e s id in g O f f ic e r (M r. L odge in the chair) called the att
of the Senate to the fact that, having been called to the chair b the
Vice President before the Senate had proceeded to the election
President of the Senate pro tempore, he did not under clause
Rule*I of the Senate have the right to occupy the chair at this time.
On motion by Mr. B a il e y and h.v unanimous consent,
Ordered, That clause 2 of Rule I of the standing rules of the Sena
be suspended, and that the present occupant of the chair should pro
side during the election of a President of tfcf Senate pro tempore
The question beiug the election of a President of the Senate pro
tempore.
On motion hv Mr. S h i v e l y , and by unanimous consent,
Ordered. That clause 2 of Rule I of the standing rules of the Senate
be suspended, and that the present occupant of the chair preside dur
ing the proceedings connected with the election of a President of the
Senate pro tempore.
Whereupon,
The Presiding Officer (Mr. L odge in the chair) directed the roll to he
called.
(Senate Journal, May 11, 1911.)
Jn the Senate a President pro tempore, in the absence of the ’
President, is proposed and chosen by ballot.
The PRE SID IN G OFFICER. The first rule o f the Sena!
states that the Senate shall choose its Presiding Officer, which
is the language o f the Constitution. No method is stated either
in the rule or in the Constitution as to the manner in which the
Senate shall choose. In the opinion o f the Chair the Senate
may choose by ballot, by calling tlie roll, or by resolution, and
the last course has been follow ed over and over again. The
Secretary w ill read the resolution offered by the Senator from
Utah.
The Secretary read the order submitted by Mr. S moot on the
14th instant, as follow s:
Ordered, That J ac ob II. G a l l in g e r , a Senator from the State of
New Hampshire, he, and he hereby is, elected President of the Senate
office, from and including January a. 1913, to and including Januai
18, 1 9 1 3 ; that J acob II. G a l l in g e r be, and he hereby is, elected Predent of the Senate pro tempore, to hold and exercise the office from “
including January 19, 1913, to and including February 1 , 1913 ; t
A u g u s t u s O. B acon be, and he hereby is, elected President of the Ser
pro tempore, to hold and exercise the office from and including F<
ary 2, 1913. to rind including February 15. 191.3; and that. J acqi
G a l l in g e r be, and he hereby is, elected President of the SenatJ
tempore to hold and exercise the office from and including FeUrnarv
1G, 1 9 13, to and including March 3, 1913.
0 t F uar>
The PRE SID IN G OFFICER. The question is on t l i/a d o p jio n o f the resolution.
Mr. BR ISTO W . I ask for a roll call on the resolution.
Che PRE SID IN G O FFICER. The Senator from Kansas asks
foi\ilie yeas and nays on the adoption o f the resolution.
Tlitr yeas and nays were ordered, and the Secretary proceeded
to call the roll.
M r. GALLIN G ER (when liis name was called ).
I have a
general pair with tlie Senator from "Arkansas [M L D a v i s ] and
w ill withhold m y vote. •
CONGRESSIONAL RECORD— SENATE.
Mr. l e a (when his name was called). I have a general pair
with the junior Senator from Rhode Island [Mr. L ip p it t ] and
therefore withhold my vote.
Mr. OLIVER (when Mr. P enrose ’ s name w as called). My
colleague [Mr. P e n r o se ] is detained from the Senate to-day by
important business in Pennsylvania. He is paired with the
junior Senator from Mississippi [Mr. W i l l i a m s ].
Mr. PO IN D EXTER (when his name was called). I should
like to make a parliamentary inquiry, whether or not it is in
order to cast a vote for some other person than one named in
the resolution?
The PRESIDING OFFICER. Not on this question. The
question is on the adoption o f the resolution.
air. PO IN D EXTER. A further inquiry. Does not that de
prive the Senate o f the privilege o f voting by ballot for the
presiding officer?
The PRESIDING OFFICER. The question is on the adop
tion o f the resolution. The Chair thinks nothing else is in
order.
.Mr. POINDEXTER. I vote “ n a y ” on the resolution.
air. CLARK of W yom in g (when air. W arren ’ s nam e was
called), ary colleague [air. W a r ren ] is unavoidably detained
from the Senate.
air. CHILTON (when air. W a t s o n ’ s name was called). My
colleague [air. W a t s o n ] is absent. He is paired with the
senior Senator from New Jersey [air. B riggs ].
air. WILLIAaiS (when his name was called). I have a gen
eral pair with the Senator from Pennsylvania [air. P en ro se ],
hut I am informed by his colleague that if he were present he
would vote “ yea.” I shall therefore vote. I vote “ yea.”
The roll call was concluded.
air. CULBERSON. I note the absence o f the Senator from
Delaware Iair. du P o n t ], with whom I have a general pair.
Therefore I withhold my vote.
air. CHAMBERLAIN. I desire to state on behalf o f the
Senator from New aiexico [air. C atr o n ] that he is absent now,
and has been for two weeks, on business of the Senate.
air. aiYERS. I wish to inquire if the Senator from Connecti
cut [air. aicL E A N ] has voted.
The PRESIDING OFFICER. The Chair is informed that
that Senator has not voted.
•
Mit MYERS. Then I announce that I am paired with the
Senator from Connecticut [Mr. M cL e a n ] and withhold my
vote.
Mr. BRYAN. I should like to inquire if the Senator from
New Mexico [Mr. F a l l ] has voted.
The PRESIDING OFFICER. The Senator from New Mexico
[Mr. F a l l ] has not voted.
Mr. BRYAN. I am paired with that Senator, but I transfer
my pair to the senior Senator from Maryland [Mr. S m i t h ] and
vote “ yea.”
Mr. JOHNSON o f Maine. I wish to announce that my col
league [Mr. G ardner ] is necessarily absent from the Senate
and that he has a general pair with the junior Senator from
Massachusetts [Mr. C r a n e ].
Mr. CURTIS. I wish to announce that the Senator from
Kentucky [Mr. B r adley ] is paired with the Senator from
Indiana [Mr. K e r 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 New Mexico [Mr. C atr on ]
is paired with the Senator from Indiana [Mr. S h i v e l y ] ; and
Glut the Senator from Delaware [Mr. du P o n t ] is pairei
the Senator from Texas [Mr. C ulberson ].
The result was announced— yeas 51, nays IS, as follows
Bailey
Bankhead
Borah
Bourne
Brandegeo
Brown
Bryan
Burnham
Burton
Chamberlain
Chilton
Clarke, Ark.
Crane
Y E A S— 51.
Crawford
Martin, Va,
Cullom
Massey
Curtis
Nelson
Fletcher
Oliver
Foster
Overman
Guggenheim
Owen
Hitchcock
Page
Jackson
Paynter
Johnson, Me.
Perkins
Johnston, Ala.
Posnerene
Kenyon
Richardson
Lodge
Root
McCumber
Sanders
NAYS— 18.
Newlands
Gore
O'Gorman
Gronna
Perky
Jones
Poindexter
Du Follette
Reed
Martine, N. J.
NOT VOTING— 25.
Lea
Dillingham
du Pont
Lippitt
Fall
McLean
Gallinger
Myers
Gamble
Penrose
<lardner
Percy
Kern
Shively
Simmons
Smith, Ga.
Smith, Mich.
Smoot
Stephenson
Stone
Sutherland
Swanson
Thornton
Tillman
Wetmore
W illiam s
Smith, S. C.
Townsend
Works
December 16
The PRE SID IN G OFFICER. The Senate adopts the reso
lution. The Senator from New Hampshire [air. G a l l i n g e r ]
will take the chair.
air. GALLINGER thereupon took the chair as President pro
tempore.
THE JOURNAL.
The PRESID EN T pro tempore (air. G a l l in g er ). The Sec
retary w ill read the Journal o f the proceedings o f Saturday
last.
The Secretary proceeded to read the Journal o f the proceed
ings o f Saturday last.
air. aicCUaiBER. I ask unanimous consent that the further
reading o f the Journal may be dispensed with.
The PRESID EN T pro tempore. Is there objection to the
request o f the Senator from North Dakota?
Mf. REED. I object, air. President.
The PRESID EN T pro tempore. The Senator from aiissouri
objects. The reading w ill be continued.
The Secretary resumed and concluded the reading o f the
Journal, which was approved.
PRESIDING OFFICER FOR IMPEACHMENT TRIAL.
The PRESIDEN T pro tempore. Senators, for reasons suffi
cient to the Chair, the Chair begs to be relieved from the d u ty
of presiding over the Senate while it sits as a Court o f Im
peachment in the trial o f Robert W. Arclibald, and asks that
the Senate shall select a Senator to preside over such pro
ceedings.
Mr. LODGE, air. President, in view o f the statement justmade to the Senate by the President pro tempore, I offer the
resolution which I send to the desk, and ask unanimous con
sent for its present consideration.
There being no objection, the resolution (S. Res. 409) was
read, considered by unanimous consent, and agreed to, as
fo llo w s:
Resolved, That the Hon. A u g u s t e s O. B ac on , a Senator from the
State of Georgia, be, and he is hereby, appointed to preside during the
trial of the impeachment of Robert AY. Archbald, circuit judge of the
United States.
ELECTION OF PRESIDENT PRO TEMPORE.
Mr. SMOOT submitted the follow ing resolution (S. Res,
410) , which was read, considered by unanimous consent, and
agreed t o :
Resolved, That the Secretary wait upon the President of the United
States and inform him that the Senate has elected J acob It. 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 from and including
December 16, 1912, to and including January -1, 1913 ; that the Senate
lias 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
from and including January 5, 1913, to and including January 18.
1913 ; that the Senate has elected J acob II. G a l l in g e r President of
the Senate pro tempore, to hold and exercise the office from and includ
ing January 19, 1913, to and including February 1, 1 9 1 3 ; that the
Senate has elected A u g u s t u s O. B acon President of the Senate pro
tempore, to hold and exercise the office from and including February 2,
1913, to and including February 15, 1 9 1 3 ; and that the Senate has
elected J acob II. G a l l in g e r President of the Senate pro tempore, to
hold and exercise the office from and including February 16, 1913, to
and including March 3, 1913.
Mr. SMOOT submitted the follow ing resolution (S. Res.
411) , which was read, considered by unanimous consent, and
agreed t o :
Resolved, That the Secretary notify the House of Representatives
that the Senate has elected J acob II. 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 from and including December 16, 1912, to and
including January 4, 1913 ; 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 from and including January
5, 1913. to and including January IS, 1913 : that the Senate lias elected
J acob II. G a l l in g e r President of the Senate pro tempore, to hold and
exercise the office from and including January 19, 1913, to and includ
ing February 1, 1 9 1 3 ; that the Senate lias elected A u g u s t u s O. B acon
P resident of the Senate pro tempore, to hold and exercise the office from
and including February 2, 1913. to and including February 15, 1 9 1 3 ;
and tliat the Senate has elected J acob II. G a l l in g e r President of the
Senate pro tempore, to hold and exercise the office from and including
February 16, 1913, to and including March 3, 1913.
ANNUAL RErORT OF THE INTERSTATE COMMERCE COMMISSION
( I I . DOC. NO. 9 4C ) .
The PRESID EN T pro tempore laid before the Senate the
Twenty-sixth Annual Report o f the Interstate Commerce Com
mission, which was referred to the Committee on Interstate
Commerce and ordered to be printed.
DEMOTION OF W ILLIAM HALL AND OTHERS.
Smith, Ariz. Smith, Md.
Warren
Watson
The PRESIDEN T pro tempore laid before tlie Senate a com
munication from the Postmaster General, stating, in response
to Senate resolution o f December 4, 1912, calling for the corre
spondence in the possession of the Post Office Department rela
tive to the demotion o f William Hall, C. II. Erwin, J. J.
Negley, and C. P. Rodman, clerks in the Railway Mail Service,
CONGEESSIONAL EECOED— SENATE.
1912
tect her people and their homes against the introduction of articles
which are, in good faith and not unreasonably, regarded by her citizens
as “ laden with infection ” more dangerous to the public than diseased
cattle, or than rags containing the germs of disease.
And he further s a id :
Does the mere grant of the power to regulate commerce among the
States invest individuals of one State with the right, even without the
express sanction of congressional legislation, to introduce among the
people of another State articles which by statute they have declared
to he deleterious to their health and dangerous to their safety ? in our
opinion, these questions should he answered in the negative.
Then, Mr. President, in one sentence he states this proposi
tion that this bill seeks to reach:
It is inconceivable that the well-being of any State is at the mercy
of the liquor manufacturers of other States.
That is the whole problem in this bill. That is the problem
which this Congress is asked to meet, and in my humble judg
ment this measure w ill help to meet it.
AGRICULTURAL EXTENSION DEPARTMENTS.
Mr. SM ITH o f Georgia. Mr. President, I desire very briefly
to bring to the attention o f the Senate the bill (H . R. 22871)
to establish agricultural extension departments in connection
w ith agricultural colleges in the several States receiving the
benefits o f au act o f Congress approved July 2, 1862, and acts
supplementary thereto.
F ifty years ago the Morrill Act was passed. Under it a landgrant college w as established in each State o f the Union.
Twenty-five years ago the H atch A ct was passed. Under it an
experiment station was established in each State o f the Union.
In most o f the States these two institutions work in close asso
ciation. They have conducted investigations and made tests bear
ing upon many important questions connected with the farm, and
their investigations and tests have been especially with ref
erence to conditions in their respective States. They have
studied plants and determined with accuracy the foods upon
which they live and mature crops. They have analyzed differ
ent classes o f soil in their respective States to determine the
plant food contained, aud have learned how to make it valu
able. They have ascertained defects o f soils and how to remove
them. They have worked out improvements in seeds, and have
found the way to resist plant diseases. They have tested stock,
cattle and hog foods and diseases. They have found what
foods will bring the best results, and have advanced in the treat
ment o f diseases.
Tbe National Government lias spent on the agricultural col
leges and experiment stations, in round figures, §70,000,000. It
spends now upon them nearly §4,000,000 annually. From State
appropriations and other sources they receive even a larger
sum, but most o f this last-named amount is required fo r new
buildings and equipment
The Government appropriates $15,000,000 a year for carrying
on the exclusively agricultural work o f the Department o f
Agriculture. Much the larger portion o f this amount is spent
in investigation and experimentation. Inform ation o f great
value to the rural interests o f the country is secured, but an
apparently small sum is devoted to showing those at w ork upon
the farm s how to apply this information. There are students
at these colleges who are obtaining much aid from tbe instruc
tion which they receive, but there is no sufficient provision to
carry to the farm ers at their homes the valuable information
which has been and will be obtained by the work o f the col
leges and experiment stations.
Dr. True, D irector o f the Office o f Experiment Stations, is
authority for the statement that for several years the officers o f
tlie colleges aud experiment stations have been pressed with the
demand to carry the result o f their research to the home o f the
farmers. A number o f tlie colleges have secured small amounts
to do this work in a partial way, but, lie declares, “ their work
was limited by lack o f sufficient funds.” It is o f vital im
portance to carry promptly to tbe farm ers the knowledge ac
quired at these institutions.
A. number o f bills have been introduced in Congress in re
cent years seeking to meet this pressing want o f the agricul
tural interests. Last fall a bill w as perfected by the executive
committee o f the colleges and experiment stations, by officers
o f the Agricultural Department aided by officers o f the Na
tional Soil Fertility League and Congressman L ever and myself.
I introduced the bill in the Senate, and he introduced it iu tlie
House.
Tlie bill under consideration this morning is substantially the
bill perfected, as I have just stated, the only changes o f im
portance being two amendments, one which provides that this
work from tlie colleges shall not interfere with the demonstra
tion work now being done by tlie Department o f Agriculture,
and, further, that 75 per cent o f the money appropriated shall
be used in actual demonstration work.
831
The bill under consideration provides for the establishment
and maintenance in each o f the land-grant colleges o f agricul
ture o f an extension department to give instruction in agricul
ture and home economics to the farmers at their homes. This
instruction is to be given by demonstration work on their own
land in the local farm communities. It provides fo r a fixed
appropriation from the Treasury of §10,000 annually, uncondi
tionally, to each State. It provides for an appropriation be
ginning with $300,000 a year, July 1, 1933, to be prorated among
the States on a basis o f rural population. This appropriation
is to be increased each year §300,000 until the maximum o f
§3,000,000 is reached in 1923. No State is to receive a pro
rata o f this sum unless it provides an equal amount for the
same purpose. The money is to be expended by tlie Slate
colleges o f agriculture through their extension departments in
each State. Seventy-five per cent o f the money must be used
in actual field demonstration, 5 per cent may be used in
printing and publications, and the remaining 20 per cent for in
structions in household economics or for further field demon
stration.
The bill provides that any Federal money lost or misused
must be made good by the State, and it prohibits the use o f
the money fo r purposes except those specified. It provides for
reports from the colleges to tlie Secretary o f Agriculture, and
through the Secretary o f Agriculture to Congress.
According to the plans o f the bill, the representatives o f the
colleges in the various States w ill enlist farmers, who, under
the direction o f the representative o f the agricultural college,
will test the value on their own land o f the inform ation brought
by the representative o f the college. The farm er w ill he invited
to plant under the direction o f the representative o f the college.
The character o f the soil will be tested, tlie nature o f the fer
tilizer to be used explained, the selection o f seed advised, and
the time o f planting aud manner o f cultivation suggested, and
demonstrations will be made which w ill teach and prove the
value o f tlie knowledge acquired at the colleges and experiment
stations. In another place tlie representative o f the college
w ill teach, and by experimentation demonstrate, the best man
ner o f caring for fruit trees. In another place tlie best system
for feeding cattle and stock, and dairying and butter making
may be the subject o f the demonstration. Demonstration will
also be made in home economics and labor-saving machines.
The colleges o f agriculture and experiment stations iu each
Stale have been devoted to a study o f the peculiar conditions in
tlie localities o f their States and will, through their representa
tive, carry to the farm er in his home tlie accurate information
which experimentation has demonstrated, and in turn givepractical demonstrations in the locality before the farmer and
his neighbors o f the value o f the inform ation acquired and how
to use it.
This class o f work will be supplemented by printed discus
sions o f the best mode o f farming, on hygiene, and on household
economics, and the means available will be used to give those
on the farm all that research can develop which w ill be o f
service to them.
The value to the agriculture o f the country o f such w ork is
not a matter o f experiment. It has been tried and proved in
our own country to a limited extent. To a fa r greater extent
it has been tried and proved in otlier countries. In many parts
o f Europe the representatives o f the colleges and experiment
stations are constantly engaged in the field among the farm ers
showing the grown farm ers what has been learned at the col
leges and experiment stations. I w ill take Belgium as an
illustration. For 20 years this course has been pursued there.
Inform ation gathered at the Department o f Agriculture shows
the fact that as a result o f this work in Belgium the produc
tion per acre in 20 years’ time has increased 30 per cent and
the cost o f production has been decreased.
Let us think what this would mean for our country. The
annual A
ralue o f our agricultural products is, in round figures
§9,000,000,000. I f the increase as the result o f this work were
only 20 per cent, wo would have an increased value o f
§ 1 ,8 0 0 ,0 0 0 ,0 0 0 , or a sufficient sum to meet the proposed appro
priation for G O years.
O
The colleges o f agriculture and experiment stations sent their
representative to appear before the congressional committee to
tell us that they were ready for the work, could do the work,
and how valuable it would prove.
This measure has been indorsed by the Association o f Am eri
can Agricultural Colleges and Experiment Stations, by tlie
International Dry Farming Congress, by the New England Con
ference on Rural Progress, by the Tri-State Grain Growers’
Convention, comprising Minnesota and the two D akotas; by
the Stale Grange, the State Federation o f Farmers’ Clubs, and
COXGRESSIOX A L RECORD— SEXATE.
832
D
18 .
e c e m b e r
Mr. CRANE (when his name was called). The Senator from
Maine [Mr. G ardner ], with whom I am paired, is absent, j,
his absence, I refrain from voting.
’
11
The PRESID EN T pro tempore (Mr. G allinger , when his
name was called). The present occupant o f the chair is pairoi
with the Senator from Arkansas [Mr. D a v is ]. He transfers
- Unquestionably such a plan, if properly carried out, would result in that pair to the Senator from South Dakota [Mr. G a m bl e ], ail‘,
great good and would do much toward making useful and valuable the w ill vote “ yea.”
’ ‘ 1
rapidly growing store of knowledge developed along agricultural lines.
Mr. McCUMBEIl (when his name was called). I have
The farm lands of our State's are occupied by over 49,000,000 general pair with the senior Senator from Mississippi |yj ’
men, women, and children. A. large number o f them struggle P ercy ]. I transfer that pair to the junior Senator from Mary
to earn a livelihood and can not afford to experiment for the land [Mr. J a c k s o n ] and vote. I vote “ yea.”
purpose o f learning things that are new. I f we w ill only carry
Mr. MASSEY (when his name was called). I have a pajr
to them those truths which have been demonstrated in the col with the Senator from Virginia [Mr. S w a n s o n ]. In his A
leges o f agriculture and experiment stations, they can be shown sence I refrain from voting. My vote would be in the affirm^
how to double the yield o f their lands and at the same time tive if the Senator from Virginia were present.
lessen the cost o f production.
Mr. PERKIN S (when his name was called). I have a genI believe that the greatest power and chief hope o f this eral pair with the junior Senator from North Carolina [Mr'
country are found in our farm population. We have made the O v e r m a n ] , A s he is absent from the Senate, I will withhold
investment and prepared for the work. Shall we carry the my vote.
results o f the investment to the people who need it?
The roll call was concluded.
I am sure that no piece o f legislation has been before Con
Mr. CLAPP (after having voted in the affirmative). I
gress in years which will bring larger results for the amount that the senior Senator from North Carolina [Mr. S i m m o n , i
s
s],
spent.
with whom I have a general pair, is not in the Chamber,
There are measures we may support because we believe they therefore feel compelled to withdraw my vote.
are right, but we may know that this is right. There are meas
Mr. PENROSE (after having voted in the affirmative), j
ures we may support because we believe that they will do good, notice that the junior Senator from Mississippi [Mr. W il l ia m s ]
but we may know that this will do good. Most measures have with whom I am paired," has not voted. Therefore I withdraw
possible harm connected with them. This has no possible harm. my vote.
I urge the speedy adoption o f this measure, feeling sure that
Mi’. ‘ M cLEAN (after having voted in the affirmative), j
not alone the tiller o f the soil but the people o f our entire notice that the junior Senator from Montana [Mr. M yers]
country will feel the beneficient effects o f the operation of with whom I am paired, is not in the Chamber. When I voted
this bill.
I thought he was present. I therefore withdraw my vote.
Mr. SM ITH o f Arizona. Before the Senator from Georgia
Mr. O LIVER (after having voted in the affirmative), j
takes his seat, I will ask, for information, if the bill provides notice that the junior Senator from Oregon [Mr. C h a m b e r l a in ]
that on the gift by the Federal Government o f $10,000 to a State in company with most o f the Senators on the other side, is
the State must also give $10,000 in order to reap the benefit of o f the Chamber, and having a general pair with him, 1 am
the bill?
compelled to withdraw my vote.
Mr. SM ITH o f Georgia. No. I explained at the outset that
Mr. ROOT. Mr. President, I think all those Senators were
the bill gives $10,000 unconditionally to each State. The fu r here when the roll call began. I think they were in the Cham
ther appropriations are conditioned upon like appropriations ber and that they are probably now in the cloak room. 1 do not
from the States, but the $10,000 appropriation is to go to each know why.
o f the States unconditionally.
Mr. JONES. I desire to state that my colleague [Mr. P oin
PROPOSED EXECUTIVE SESSION.
dexter ] is detained from the Chamber by important business.
Mr. CULLOM. I move that the Senate proceed to the con I do not know how he would vote if present.
The result was announced— yeas 29, nays 2, as follows^
sideration o f executive business.
Mr. SM ITH o f Georgia. I desire to suggest that there Ls no
YEAS— 29.
quorum present.
Ivenyon
Crawford
Lodge
Cullom
/ The PRESIDEN T pro tempore. The Senator from Georgia
McCumber
Curtis
/ suggests the absence o f a quorum. The roll will be called.
Nelson
du Pout
The Secretary called the roll, and the following Senators
Gallinger
Page
Root
Gronna
swered to their nam es:
Hie State Horticultural Society, o f M ichigan; by the Farmers’
Union; by the Third Wisconsin Country L ife Conference; and
by the Eastern Fruit Growers’ Association, and by the National
Grange.
It received the approval o f the Secretary o f Agriculture, who,
referring to this bill, said:
n
otice
ot
u
Cullom
Curtis
Dixon
du Pont
Gallinger
Gore
Gronna
Guggenheim
Johnson. Me.
Johnston, Ala.
Jones
Kenyon
La Follette
Lodge
McCumber
McLean
Martin, Va.
Martino, N. J.
Massey
Myers
Nelson
Newlands
O’Gorman
Oliver
Overman
Page
Penrose
Perkins
Perky
Pomcrcne
Reed
Richardson
Root
Sanders
Smith, Ariz.
Smith, Ga.
Smith, Mich.
Smith. S. C.
Smoot
Stone
Sutherland
Swanson
Townsend
Warren
Wetmore
Guggenheim
Jones
Martin, Va.
Sanders
Smith, Mich.
N AY S— 2.
Martino, N. J.
o
H
Ashurst
Bailey
Bankhead
Borah
Bourne
Brandegee
Bristow
Brown
Burnham
Burton
Chamberlain
Clapp
Clark, Wyo.
Crane
Crawford
Culberson
Dillingham
Dixon
Fall
Fletcher
Foster
Gamble
Gardner
Gore
Hitchcock
Jackson
Johnson. Me.
Johnston, Ala.
Kern
La Follette
Lea
Lippitt
VOTING— 63.
McLean
Massey
Myers
Newlands
O’Gorman
Oliver
Overman
Owen
Payntcr
Penrose
Percy
Perkins
Perky
Poindexter
Pomerene
Reed
Richardson
Shively
Simmons
Smith, Ariz.
Smith, Ga.
Smith, Md.
Smith, S. C.
Stephenson
Stone
Swanson
Thornton
Tillman
Watson
Williams
Works
Mr. KENYON. I desire to state that my colleague [Mr. Cux
is detained at home by serious illness in his family.
Mr. PAGE. I wish to announce that my colleague [Mr. D il
l i n g h a m ] is detained on account o f illness.
Mr. SM ITH o f Michigan. The Senator from New Mexico
[Mr. F a l l ] is in the performance o f special service, for which
Th V P R E SID E N T pro tempore. Twenty-nine Senators have
he was designated by the Senate, and he is obliged to be absent voted in the affirmative and 2 in the negative— not a quorum.
from the sessions. I desire the R ecord to show that his absence The roll will be called.
is due entirely to official business outside the Chamber.
The Secretary called the roll, and the follow ing Senators
/
The PRESIDENT pro tempore. Sixty-one Senators have-| mswered to their nam es:
/ answered to their names. A quorum o f the Senate is preseat. ) Lshurst
McLean
Root
Crawford
Culberson
Martin, Va.
Sanders
( The question is on the motion made by the Senator from IjliSacon
Cullom
Massey
Smith, Ga.
Bailey
l nois, that the Senate proceed to the consideration o f executive
Myers
Curtis
Smith, Mich.
Bankhead
Mnisiness.
du Pont
Nelson
Smith. S. C.
Borah
Fletcher
Newlands
Smoot
' Mr. M ARTIN E o f New Jersey. I ask for the yeas and m y s. Bourne
Gallinger
O’Gorman
Stone
Bristow
Mr. REED. Let us have the yeas and nays.
Guggenheim
Oliver
Brown
Sutherland
Mr. CULBERSON. Have the yeas and nays been ordered
I
Hitchcock
Overman
Swanson
Burnham
Johnston, Ala.
Tillman
Page
The PRE SID EN T pro tempore. The yeas and nays li^ve Burton
idve
Penrose
.Tones
Chamberlain
Townsend
been demanded. Is there a second to the demand?
Warren
Kenyon
Perkins
Clapp
The yeas and nays were ordered, and the Secretary proceed^
id^.1 Clark, W yo.
Reed
Wetmore
Lodge
Richardson
McCumber
to call the roll.
Crane
m in s ]
1912.
C O N G R E S S IO N A L E E C O R D — H O U S E .
By Mr. CLARK o f M issouri: A bill (H . R. 27415) granting a
pension o f Louisa Squires; to the Committee on Invalid Pen
sions.
_____
By Mr. C R A G O : A bill (H . R. 2741G) granting an increase o f
pension to Allen B ollen; to the Committee on Invalid Pensions.
By Mr. D ON OH O E: A bill (II. R. 27417) granting an in
crease o f pension to Frederick Sachsenheim; to the Committee
on Invalid Pensions.
*
By Mr. D O R E M U S: A bill (H . R. 27418) granting a pension
to Catharine M cCricket; to the Committee on Invalid Pensions.
By Mr. FLOOD o f V irgin ia: A bill (II. R. 27419) for the
relief o f the Virginia M ilitary Institute, o f Lexington, V a .;
to the Committee on Claims.
By Mr. F O R D N E Y : A bill (II. R. 27420) granting an increase
o f pension to W illiam II. L oom is; to the Committee on Invalid
Pensions.
By Mr. G A R R E T T : A bill (H . R. 27421) granting an increase
o f pension to Hugh H aves; to the Committee on Pensions.
By Mr. G IL L : A bill (II. R. 27422) granting a pension to
Joseph A. L lo y d ; to the Committee on Pensions.
By Mr. G O E K E : A bill (II. R. 27423) granting an increase
o f pension to Caroline S eib ; to the Committee on Invalid Pen
sions.
By Mr. G U ERN SEY: A bill (II. R. 27424) granting an in
crease o f pension to Herbert W a dsw orth ; to the Committee on
Invalid Pensions.
By Mr. H A R T : A bill (II. R. 27425) granting a pension to
W illiam H. A dam ; to the Committee on Invalid Pensions.
By Mr. H A Y E S : A bill (II. R. 2742G) granting a pension to
Gertrude M. F arrar; to the Committee on Invalid Pensions.
By Mr. K IN K A ID o f Nebraska: A bill (H . II. 27427) grant
ing a pension to Emily J. W a lton ; to the Committee on Invalid
Pensions.
By Mr. LA F O L L E T T E : A bill (II. R. 27428) confirming
titles o f Deborah A. Griffin and Mary J. Griffin, and fo r other
pu rposes; to the Committee on the Public Lands.
By Mr. L IT T L E P A G E : A bill (II. R. 27429) granting an in
crease o f pension to John F. Grayum ; to the Committee on
Invalid Pensions.
By Mr. L L O Y D : A bill (II. R. 27430) to correct the record
o f H. J. Stanly; to the Committee on M ilitary Affairs.
J
By Mr. LO N G W O R TH : A bill (II. II. 27431) g ra n tin g ^
pension to Thomas P ryor; to the Committee on P e n s io n s ^
Also, a bill (II. R. 27432) granting a pension to Johaf Mc
Manus ; to the Committee on Pensions.
j
Also, a bill (II. R. 27433) granting a pension to Jfarali A.
Skinkle; to the Committee on Pensions.
Jr
Also, a bill (II. R. 27434) granting a pension J Sarah M
fO
M ounts; to the Committee on Invalid Pensions, f
Bv Mr. L O U D : A bill (H . R. 27435) granting an increase
o f pension to Cornelius H ow ard; to the Comuaittee on Invalid
Pensions.
Jr
By Mr. PATTON o f Pennsylvania: A JRill (II. R. 2743G)
granting an increase o f pension to Laving S h a rp ; to the Com
mittee on Invalid Pensions.
?
Also, a bill (II. R. 27437) g ra n tin g '# ! increase o f pension to
J. Milton C arlisle; to the Committeeman Invalid Pensions.
By Mr. P O S T : A bill (II. R. 274$$) granting an increase of
pension to W illiam M. D u ff; t ^ ; the Committee on Invalid
Pensions.
/
By Mr. R E IL L Y : A bill ( H ^ t . 27439) granting a pension to
Elmie B yin glon; to the Committee on Invalid Pensions.
Also, a bill (H . R. 27440irgranting an increase o f pension to
Francis L. L ew is; to the^-Committee on Invalid Pensions.
Also, a bill (II. R. 27^41) to correct the military record o f
Michael H oulihan; to /d ie Committee on M ilitary Affairs.
By Mr. R U S S E L L / a bill (H. R. 27442) granting an increase
o f pension to George W. B la ir; to the Committee on Invalid
Pensions.
j
By Mr. S I M s / v bill (H . R. 27443) for the relief o f the heirs
o f W. II. Sneedq to the Committee on W ar Claims.
By Mr. STEEN ERSON : A bill (II. R. 27444) for the relief
o f Arthur D rose; to the Committee on Claims.
By Mr. STEPH EN S o f C alifornia: A bill (II. R. 27445) grant
ing a nprfsion to H arry E. L ow ; to the Committee on Pensions.
PETITION S, ETC.
Under clause 1 o f Rule X X II, petitions and papers were laid
cn the Clerk’s desk and referred as fo llo w s :
By the SPEAKER (by request) ; Petition o f a mass meeting
iield in Cleveland, Ohio, favoring an investigation o f the present
X L I X ------ 50
881
disturbances in the mining regions o f W est V irg in ia ; to the
Committee on the Judiciary.
Also (by request), petition o f the W om an’s League, Carmel,
Cal., with reference to the trial o f E. G. L ew is; to the Com
mittee on the Post Office and Post Roads.
Also (by request), memorial o f Joseph J. O'Brien, member o f
the Franklin Institute and the National Geographic Society,
relative to the failure o f the Panama Canal system o f e le v a te i
engineering w orks; to the Committee on Interstate and F o r m #
Commerce.
Jr
By Mr. A S IIB R O O K : Petition o f the Ransom D ry Ga$us Co.
and 22 other merchants o f Coshocton, Ohio, fa v orin g ^ gisla tion
giving the Interstate Commerce Commission fujK ier power
toward controlling the express com panies; to thc^Tommittee on
Interstate and Foreign Commerce.
By Mr. C A L D E R : Petitions o f the Buffak^O iam ber o f Com
merce, Buffalo, N. Y .; J. J. Castellini, Cinc^fmati, O hio; and the
Merchants and Manufacturers’ Assoct^non o f Birmingham,
Ala., favoring the passage o f Senate hjlT 957, for (he regulation
o f bills o f lading; to the Committey^on Interstate and Foreign
Commerce.
J
By Mr. D Y E R : Petition o f thj#>resident o f the National Con
servation Exposition, IvnoxviUle; Tenn., favoring an appropria
tion for the erection o f a Government building, etc., at the con
servation exposition ; to tb#C om m ittee on Public Buildings and
Grounds.
Also, petition o f th^^vational Society for the Promotion o f
Industrial E ducatioarfavoring the passage o f Senate bill 3, for
the promotion o f in du stria l education; to the Committee on
Agriculture.
Jr
By Mr. F IT Z G E R A L D : Petition o f the Grain Dealers’ Na
tional AssocBrion, favoring the passage o f House bill 3010, for
regulating JCe telegraph and telephone serv ice; to the Commit
tee on Interstate and Foreign Commerce.
A lsoV petition o f the Grain Dealers’ National Association,
favoring the passage o f Senate bill 957. for the regulations o f
billjF of lading; to the Committee on Interstate and Foreign
Cflpimerce.
Mr. FLOOD o f V irgin ia: Petition o f citizens o f Augusta
b o u n ty , Va., favoring the passage o f the amended Kenyon bill,
preventing the shipment o f liquors into dry territories; to the
Committee on the Judiciary.
By Mr. F U L L E R : Petition o f Frank Reyes and 5 other citi
zens o f Porto Rico, favoring the enactment o f legislation making
the executive council o f Porto R ico elective; to the Committee
on Insular Affairs.
Also, petition o f T. A. Wright, president o f the National Con
servation Exposition, favoring an appropriation for the erection
o f a Government building, etc., at the conservation exp osition ;
to the Committee on Public Buildings and Grounds.
Also, petition o f George M. Bridgeman, Kintland, Ind.. favor
ing the passage o f House bill 1339, giving pensions to the onearmed and one-legged vetertms o f the Civil W a r ; to the Com
mittee on Invalid Pensions.
By Mr. G A R R E T T : Papers to accompany bill granting an in
crease o f pension to Hugh H oyds; to the Committee on Pensions.
By Mr. HAM ILTON o f West V irg in ia : Petition o f citizens o f
Parkersburg and vicinity, favoring the passage o f the KenyonSheppard liquor bill preventing the shipment o f liquors into
dry territories; to the Committee on the Judiciary.
By Mr. H A Y E S : Petition o f Frederick J. Koster, San Fran
cisco, C a l.; o f IV. E. Wretmann, San Jose, C a l.; o f Albert Dickerman, Watsonville, Cal., favoring the passage o f House bill
22589, making appropriation for the building o f proposed diplo
matic buildings; to the Committee on Foreign Affairs.
Also, petition o f Woman’s Christian Temperance Union, o f
San Francisco, Cal., favoring the passage o f the Kenyon-Sheppard liquor bill preventing the shipment o f liquors into dry
territories; to the Committee on the Judiciary.
Also, petition o f Weil Bros. & Sons, San Francisco, Cal., pro
testing against the passage o f the amended Kenyon liquor bill
(II. Ii. 4043) preventing the shipment o f liquors into dry ter
ritories; to the Committee on the Judiciary.
Also, petition o f the Junior Order United Am erican Mechanics
and the State Council o f California, Junior Order United Am eri
can Mechanics, favoring the passage o f the Burnett immigration
bill for the restriction o f im m igration; to the Committee on
Immigration and Naturalization.
Also, petition o f the State Council o f Pennsylvania, Order o f
Independent Americans, favoring the passage o f Senate bill
3175, for the restriction o f im migration; to the Committee on
Immigration and Naturalization.
CONGRESSIONAL RECORD— SENATE.
. By Mr. K A H N : Petition o f John H. Miller, o f San Francisco,
Cal., protesting against the passage o f House bill 26277, to es
tablish a final court o f United States patent appeals; to the
Committee on the Judiciary.
By Mr. L E V Y : Petition o f the Brooklyn League, Brooklyn,
N. Y., favoring the pc&sage o f legislation relocating the pier
headline in the Hudson River between Pier 1 and W est Thir
tieth Street; to the Committee on Rivers and Harbors.
Also, petition o f the Farmers’ National Congress, Chicago, 111.,
protesting against any restriction o f the press; to the Commit
tee on the Post Office and Post Roads.
By Mr. L IN D S A Y : Petition o f veterans o f the Civil W ar of
Franklin, Ohio, and Bedford Hills, N. Y., favoring the passage
o f House bill 1339, granting pension to limbless veterans o f the
Civil W a r; to the Committee on Invalid Pensions.
Also, petition o f Ludwig Nissen & Co., New York, favoring
the passage o f House bill 25108, incorporating a chamber
commerce o f the United States; to the Committee on the Judi
ciary.
By Mr. M O T T : Petition o f the president o f the National Co
servation Exposition, favoring appropriation for the purpose
erecting a Government building at the National Conservatio:
E xposition; to the Committee on Public Buildings and Ground:
By Mr. ItE Y B U R N : Petition o f Washington Camp, No. 533,'
Patriotic Order Sons o f America, Philadelphia, Pa., favorin
the passage o f Senate bill 3175, for the restriction o f immigra
tion ; to the Committee on Immigration and Naturalization.
By Mr. R E IL L Y : Petition o f the Social Service League o f
Salisbury, Conn., favoring the passage of Senate bill 3, for
promotion o f industrial education; to the Committee on Agri
culture.
Also, petition o f the Federation o f Jewish Farmers o f America,
favoring the passage o f legislation establishing systems o f farm
ers’ credit u nion s; to the Committee on Banking and Currency.
By Mr. T IL S O N : Petition o f the Federation o f Jewish Farm
ers o f America, favoring enactment o f legislation establishing a
system o f farmers’ credit unions; to the Committee on Bank
ing and Currency.
By Mr. W IL L IS : Papers to accompany bill (II. R. 2740S)
granting pension to Daniel S. P olin g ; to the Committee on Pen
sions.
SENATE.
T
h ursday
, D e c e m b e r 1 9 ,1 9 1 2 .
December 19
o f cotton to the Confederate States, which, with the accompany
ing papers, was referred to the Committee on Claims and kV
or.
dered to be printed.
PROPOSED EXECUTIVE SESSION.
Mr. LODGE. I move that the Senate proceed to the consider,
ation o f executive business.
Mr. SM ITH o f Georgia. Mr. President-----The PRESID EN T pro tempore. The motion is not debatable
Mr. SM ITH o f Georgia. I suggest that there is no quorum
present.
The PRESIDEN T pro tempore. The Senator from Georgia
makes the point o f no quorum, and the roll w ill be called.
The Secretary called the roll, and the following Senators an-
swered to their names •
Ashurst
Bacon
Bailey
Borah
Bourne
Brandegee
Bristow
Brown
Burnham
Burton
Catron
Chamberlain
.Clapp
Clark, Wyo.
Crane
Crawford
Culberson
Curtis
du Pont
Fletcher
Gallinger
Gronna
Hitchcock
Johnston, Ala.
.Tones
Kenyon
La Follette
Lodge
McCumber
Martin, Va.
Martino, N. J.
Massey
Myers
Nelson
Oliver
Page
Penrose
Perkins
Poindexter
Root
Sanders
Smith, Ga.
Smith, Mich.
Smoot
Stone
Sutherland
Swanson
Warren
W et more
Works
' Mr. PAGE. I am compelled again to announce the con>^
tinued illness o f my colleague [Mr. D il l in g h a m ]. He is unable
be present.
The PRESID EN T pro tempore. F ifty Senators have an- -i
rswered to their names. A quorum o f the Senate is present
The question is on the motion made by the Senator from Massakdrajsetts.
j
Mr. BAILEY. I ask the Senator from Massachusetts t0 V
withhold his motion until I can dispose of a matter of morn
ing business.
The PRESID EN T pro tempore. Does the Senator from Mas
sachusetts withhold his motion?
Mr. LODGE. I w ill withhold it for the Senator from Texas
but I can not do it again.
THE INITIATIVE AND REFERENDUM.
Mr. BAILEY. I offer the follow ing resolution, which I will
ask the Secretary to read.
The resolution (S. Res. 413) was read, as follow s:
Resolved, That such a system
and referendum would establish
principle on which this Republic
inevitably .work a radical change
Government.
of direct legislation as the initiative
is in conflict with the representative
was founded, and would, if adopted
in the character and structure of our
The Chaplain, Rev. Ulysses G. B. Pierce, D. D., offered the fo l
lowing prayer :
Our heavenly Father, now as always we are in Thy presence,
Mr. BAILEY. Mr. President, I ask that the resolution re
as always, so now, we borrow strength from Thee. But now, main on the table, because at the Senate’s convenience I desire
our Father, w e know ourselves to be in Thy presence, now we to speak to i t ; and unless something occurs to prevent it I shall
accept the strength and the opportunities o f this day as gifts ask the Senate to hear me after the morning business on the 2d
from Thee, which we in turn consecrate to Thy service. And day o f January.
The PRESID EN T pro tempore.
The resolution will be
as we part for a season, do Thou watch over us and guard us
from all evil. I f it be Thy will, bring Thou us together again printed and lie on the table, subject to the call o f the Senator
from Texas.
when, by Thy grace, we w ill again offer unto Thee the sincere
EXECUTIVE SESSION.
gratitude o f trusting and obedient hearts. Amen.
T h o m a s B. Catron , a Senator from the State o f New Mexico,
Sir. LODGE. I renew my motion that the Senate proceed to
appeared in his seat to-day.
the consideration o f executive business.
The Secretary proceeded to read the Journal of yesterday’ s
Sir. SM ITH o f Georgia. On that I ask for the yeas and nays
proceedings, when, on request o f Mr. C rawford and by unani
The yeas and nays were ordered, and the Secretary proceeded
mous consent, the further reading was dispensed with and the to call the roll.
Journal was approved.
Sir. CLAPP (when his name was called). Owing to the ab
sence o f my pair and not knowing how he would vote, I withELECTORS FOR PRESIDENT AND VICE PRESIDENT.
hold my vote.
The PRESIDEN T pro tempore (Sir. G allinger ) laid before
The PRESID EN T pro tempore (when Mr. G allingeii ’ s nam
e
the Senate a communication from the Secretary o f State, trans was called). The Chair is paired with the Senator from Ar
mitting, pursuant to law, an authentic copy o f the certificate of kansas [Mr. D a v is ]. He transfers that pair to the Senator
ascertainment o f the electors for President and Vice President from South Dakota [Mr. G a m ble ] and votes “ yea-”
appointed in the State o f Slassachnsetts at the election held
Mr. PERKIN S (when his name was called). I have a gen
therein on November 5, 1912, which was ordered to be filed.
eral pair with the junior Senator from North Carolina [Mr.
O v erm an ]. H e being absent, I withhold my vote.
CONTINGENT EXPENSES, NAVY DEPARTMENT (S . DOC. NO. 0 8 C ).
Mr. SM ITH o f South Carolina (when his name was called).
The PRESIDEN T pro tempore laid before the Senate a com
munication from the Secretary o f the Treasury, transmitting I am paired with the Senator from Delaware [Mr. R ic h a r d
a letter from the Secretary of the Navy submitting supplemental s o n ] and withhold my vote. I f he were here, I would vote
estimates o f appropriations for inclusion in the legislative ap “ yea.”
The roll call was concluded.
propriation bill for the fiscal year ending June 30, 1914, under
Mr. CURTIS. I wish to announce the pair o f the Senator
the title o f “ Contingent expenses, Navy Department,” $17,875.
which, with the accompanying paper, was referred to the Com from Kentucky [Mr. B radley ] with the Senator from Indiana
[Mr. K ern ] ; o f the Senator from New Jersey [Mr. B riggs]
mittee on Appropriations and ordered to be printed.
with the Senator from W est Virginia [Mr. W a t so n ] ; o f the
RECORD OF SALES OF COTTON (S . DOC. NO. 0 8 7 ) .
Senator from Rhode Island [Mr. L ip p it t ] with the Senator from
The PRESID EN T pro tempore laid before the Senate a com Tennessee [Mr. L e a ] ; o f the Senator from Wisconsin [Mr.
munication from the Secretary o f the Treasury, transmitting, S t e ph en so n ] with the Senator from Indiana [Mr. S h iv e l y ] ;
in response to a resolution o f April 22, 1911, the report o f sales o f the Senator from Delaware [Mr. R ich ard so n ] with the
CONGRESSIONAL RECORD— SENATE.
1912.
Senator from South Carolina [Mr. S m i t h ] ; and o f the Senator
from Vermont [Mr. D i l l i n g h a m ] with the Senator from South
Carolina [Mr. T i l l m a n ] ,
Mr. SIMMONS. I vote “ yea.” I desire to state that my col
league [Mr. O v e r m a n ] is absent on important business.
The PRE SID EN T pro tempore. Forty-five Senators have an
swered to their names, not a quorum. The list o f Senators not
voting w ill be called.
The Secretary proceeded to call the names as directed.
Mr. CLAPP (when his name was called). I vote “ yea.”
Mr. JOHNSTON o f Alabama (when his name w as called ). I
vote “ yea.”
Mr. LA FO LLETTE (when his name was called). I vote
“ yea.”
Mr. PER K IN S (when his name was called). I transfer my
pair with the junior Senator from North Carolina [Mr. O v e r
m a n ] to the senior Senator from Iow a [Mr. C u m m i n s ] and
will vote. I vote “ yea.”
The Secretary concluded calling the roll, and the result was
announced—-yeas 49, nays 0, as f o l l o w s :
A sh u rst
Bacon
Bailey
Borah
Bourne
Brandegee
Bristow
Brown
Burnham
Burton
Catron
Chamberlain
Clapp
Y E A S— 49.
Clark, W yo .
McCumber
Martin, Va.
Crane
Crawford
Martine, N. J.
Curtis
Massey
du Pont
Nelson
Gallinger
Newlands
Gronna
Oliver
.Tackson
Page
Penrose
Johnston, Ala.
Perkins
.Tones
Poindexter
Kenyon
Root
La Follcttc
Sanders
Lodge
Bankhead
Bradley
Briggs
Bryan
Chilton
Clarke, Ark.
Culberson
Cullom
Cummins
Davis
Dillingham
Dixon
NOT VOTING— 45.
McLean
Fall
Myers
Fletcher
O’Gorman
Foster
Overman
Gamble
Owens
Gardner
Paynter
Gore
Percy
Guggenheim
Hitchcock
Perky
Pomercne
Johnson, Me.
Reed
Kern
Richardson
Lea
Lippitt
Shively
Simmons
Smith, Ga.
Smith, Mich.
Smoot
Sutherland
Thornton
Townsend
Warren
W etm ovc
Works
Smith, Ariz.
Smith, Md.
Smith, S. C.
Stephenson
Stone
Swanson
Tillman
W atson
W illiam s
So the motion was agreed to, and the Senate proceeded to
the consideration o f executive business. A fter one hour and five
minutes spent in executive session the doors were reopened.
IMPEACHMENT OF ROBERT W. ARCHBALD.
The PR E SID E N T pro tempore. The hour o f 1.30 having
arrived, the senior Senator from Georgia [Mr. B a c o n ] w ill
kindly take the chair to preside over the impeachment pro
ceedings.
Mr. BACON took the chair as Presiding Officer.
The PRE SID IN G O FFICE R (Mr. B a c o n ) having announced
that the time had arrived for the consideration o f the articles
o f impeachment against Robert AV. Archbald, the respondent
appeared with his counsel, Mr. "Worthington, Mr. Simpson, Mr.
Robert W . Archbald, jr., and Mr. Martin.
The managers on the part o f the House o f Representatives
appeared in the seats provided for them.
The Sergeant at Arms made the usual proclamation.
Mr. JONES. I suggest the absence o f a quorum.
The PRE SID IN G OFFICER. The Senator from Washington
suggests the absence o f a quorum. The Secretary w ill call
the roll.
The Secretary called the roll, and the follow ing Senators
answered to their names:
Ashurst
Bacon
Bailey
Borah
Bourne
Brandegee
Bristow
Brown
Bryan
Burnham
Burton
Catron
Chamberlain
Chilton
Clapp
Crawford
Curtis
Fletcher
Gallinger
Gronna
Hitchcock
Jackson
Johnson, Me.
Johnston, Ala.
Jones
La Follette
Lodge
McCumber
Martin, Va.
Martine, N. J.
Myers
Nelson
Newlands
O’Gorman
Oliver
Owen
Page
Paynter
Penrose
Perkins
Perky
Poindexter
I’ omerene
Reed
Root
Sanders
Smith, Ariz.
Smith, Ga.
Smith, S C.
Sutherland
Swanson
Thornton
Townsend
Warren
Wetmore
W illiam s
The PRE SID IN G OFFICER. On the call o f the roll o f the
Senate 56 Senators have responded to their names. A quorum
o f the Senate is present The Secretary w ill read the Journal
o f the last sitting o f the Senate as a Court o f Impeachment.
The Secretary read the Journal o f Wednesday’s proceedings
o f the Senate sitting as a Court o f Impeachment.
The PRE SID IN G O FFICER. Are there any inaccuracies in
the Journal? I f not, it w ill stand approved. Counsel for the
respondent w ill proceed.
883
Mr. WORTHINGTON. I wish to call attention to an error
in the record o f the proceedings o f day before yesterday, on
page 726 o f the C o ng ressional R ecord, in an expression by the
witness Knapp. As it reads it says, “ I remember that Capt.
May said to me often, as I supposed,” and so forth. It should
read, “ I remember that Capt. May said to me after,” and so
forth. 1 may say that 1 have called the attention o f the Official
Reporters to this, and they have shown me, by producing the
copy sent to the Printing Office, that it was an error made
in the Printing Office. The context shows clearly what was
meant and that it is an error.
Mr. Manager CLAYTON. It occurs on page 726. in the second
column, a little above the middle o f the page, and I think it is
clearly an error and that the correction ought to be made.
The PRE SID IN G OFFICER. The correction w ill be made in
the permanent R ecord.
TESTIMONY OF JOHN W. PEALE.
John W. Peale, being duly sworn, w as examined and testified
as follow s:
Q. (B y Mr. W O RTH IN G TO N .) State your full name.— A.
John W . Peale.
Q. W here do you live?—A. New York City.
Q. W hat is j’our business?—A. Coal business.
Q. In what branch o f the coal business?— A. In both
branches—anthracite and bituminous.
Q. Do you mine, or buy, or sell, or what?—A. W e buy and
sell anthracite and mine bituminous.
Q. Do you know the respondent here, Judge Archbald?— A.
Yes, sir.
Q. And do you know John Henry Jones, who has been a w it
ness here?— A. Yes, sir. I met both o f them on Monday o f this
week.
Q. I wish to show you some correspondence, and see if you
can identify it. In the first place I show you a letter dated
March 8 , 1911, purporting to have been written by John Henry
Jones to you. I ask you whether you can identify that letter?—
A. Yes, sir.
Q. Did you receive that letter from John Henry Jones about
the time it bears date?— A. Yes, sir.
Mr. W O RTH ING TO N. I ask to have it marked for identifi
cation.
Q. (B y Mr. W O RTH IN G TO N .) Flease look at the letter I
show you, dated March 23, 1911, purporting to be from Judge
Arclibald to you, and state whether or not you received that
letter from him about the time it bears date.— A. (A fter exam
ination.) Yes, sir.
Mr. W ORTHINGTON. Let the letter be marked for identifi
cation.
Q. (B y Mr. W O RTH IN G TO N .) Please look at what purports
to be a carbon copy o f a letter dated March 30, 1911, addressed
to Judge Archbald, and let me know whether that is a carbon
copy o f a letter which you sent to Judge Archbald about that
time.—A. (A fter examination.) Yes, sir.
Mr. W ORTHINGTON. I ask that that be marked, please.
Q. (B y Mr. W O RTH IN G TO N .) Finally, I show you a letter
dated April 29, 1911, purporting to be from John Henry Jones
to you, and ask you whether you received that letter from the
writer about the time it bears date?—A. (A fter examination.)
Yes, sir.
Mr. W ORTHINGTON. Let that be marked, please. I now
offer these four letters in evidence.
Mr. Manager STERLING. W e desire to read them first.
The PR E SID IN G OFFICER. I f counsel has other questions
to put to this witness, he may proceed while the managers are
examining the letters
Mr. W ORTHINGTON. Very well.
Q. (B y Mr. W O RTH IN G TO N .) Mr. Peale, have you any
knowledge, as a man in the business in w hich you say you have
been engaged, with respect to transactions relating to the pur
chase o f coal property in the anthracite region about Scranton,
where some persons put up all the cash, and the persons who
merely find the property share w ith the other persons in the
ultimate profits o f the venture?
Mr. Manager STERLING. W e object to this line o f examina
tion as wholly immaterial. It is wholly immaterial what they
do in other cases.
The PRE SID IN G O FFICE R. The Chair would suggest to
counsel that that testimony has been adduced from a number
o f witnesses and so far has not been contested by the managers.
There ought to be a lim itation to evidence o f that kind. It
could be continued indefinitely. Counsel w ill recognize that fact.
Mr. W ORTHINGTON. This is the last witness w e expect
to examine on this subject. I f the managers w ill say------
884
CONGRESSIONAL RECORD— SENATE.
The PRESIDING OFFICER. W ith that statement by counsel
the Chair suggests that he ask the same question that he asked
other witnesses as to the practice.
Mr. W ORTHINGTON. Very well. I asked him in the first
place if he knew o f any, and then I was going to ask him how
many.
Q. (B y Mr. W ORTHINGTON.) W ill you state whether you
have personal knowledge o f any such transactions?—A. Yes, sir.
Mr. Manager STERLING. W e object.
The PRESIDING OFFICER. The manager objects. What
is the objection?
Mr. Manager STERLING. On the ground that it is not at all
material in this case what was done in reference to other
cases.
The PRESID ING OFFICER. Similar testimony has been
elicited from a number o f other witnesses. W e would have
to go back and rule it all out if the objection were insisted upon
and sustained.
]Mr. Manager STERLING. I f I am not mistaken, the Chair
yesterday ruled against this kind o f testimony.
The PRESIDING OFFICER. N o; the testimony was ad
mitted. The Chair did suggest that it would be better for
counsel to inquire o f the witness to what extent he had ki^own
that, in order that the Senate might judge whether or not it
was general rather than to have the witness testify that it was
general. That was the extent o f the ruling.
Mr. Manager STERLING. I wall say that, while we know
nothing about it and contend that it is wholly immaterial, w e
y
are willing to admit that other cases o f that kind have oc
curred ; how many, I do not know. I do not suppose the w it
ness knows how many. I f the Chair holds that it is competent,
w e are willing to say now that we have no doubt it has been
don a in otlio v
Mr. WORTHINGTON. W e started out on this inquiry by
asking the witnesses if it was the custom, as customs are
known, and it was ruled that we could not ask about the gen
eral custom, but had to bring out particular instances— how
many they knew o f—and that is why wre are pursuing this line
o f inquiry.
Mr. Manager STERLING. May I ask counsel what is th;
purpose o f this testimony?
Mr. W ORTHINGTON. Evidence is offered on the part o f / h e
managers and in one o f the articles of impeachment, articlc/No.
3, that Judge Archbald in connection with John Henry Jones,
Mr. Bell, and Mr. Petersen had entered into an arrangement by
which they were to get considerable interest in P a ck /? No. 3
dump without puttiug up any money.
/
The PRESID ING OFFICER. The Chair w ill jd rm it the
f
question unless the managers-----Mr. Manager STERLING. W ill the Chair k / i r me just
briefly on that point? I do not want to unnecessarily take
time.
/
That does not go to the question which is involved in this
count at all. What Mr. Petersen and John Il/n ry Jones might
have done and what they did do I have no d /u b t w as perfectly
proper in this transaction. Those gentlemgai are private citi
zens, and they had a right to go to the LeWigh Valley Railroad
Co. or any other company they saw fit s fid persuade the rail
road company to sell them this property/an d it would not con
stitute an offense. It would not constitute even bad practice
in a private citizen. But for Judge Affchbald to do it, being a
judge and using his influence to persuade railroad companies
to do this, is the offense charged in^his count.
Now, unless Mr. Worthington canrprove that it is the practice
and the custom among judges i i y Pennsylvania and elsewhere
to make transactions o f this kinfi, the evidence does not relate
to the count at all. For that v /n son we object.
The PRESIDING OFFICER? The Chair thinks the sugges
tions of counsel address themselves to the question o f the weight
which shall be given to the testimony and the effect o f it, rather
than to its admissibility. lA ie testimony is admitted.
Q. (B y Mr. W ORTHINGTON.) State how many such trans
actions you had had personal knowledge of, Mr. Peale.— A. I
have advanced the money myself twice, and I know o f several
other instances.
Q. May I ask if with one o f those the Marian Coal Co. had
anything to do?—A. Yes, sir.
Q. W hat was that?— A. I advanced the Marian Coal Co
$35,000.
Q. W as that dump in operation when you purchased it?—A. I
did not purchase it. I loaned $35,000.
Q. You loaned the money to operate it?—A. Yes, sir.
Mr. Manager STERLING. Is that all?
Mr. WORTHINGTON. That is all on that point. I want
now to read these letters in evidence.
December 19
Mr. Manager STERLING. W e object to them as immaterial
Mr. WORTHINGTON. Let me have the letters
rs.
Mr. Manager STERLING. M r. W ebb has
bin nowr.
W e think they are not material at all, bi rwe withdraw
ir
objection to them if it will save time.
Mr. WORTHINGTON. W e do not^consider it materim
whether the managers think the lettei/Fhre material or not.
The PRESID IN G OFFICER. ThflfTetters w ill be read frov,
the desk.
*
“ 111
The Secretary read as follow s u
[u . s . s . n m libit x .]
Expert repcrtJrfurnished on timber, rubber
plantations, S ljrT w elfth Avenue.)
’
-r
,
„
jf
S c r a n t o n ; P a ., March 8, is n
Mr. J o h n W . P e a l e ,
M
'
No. 1 Broadway, New Y o r W City.
D e a r S ir : In reply to yoijif to hand would say that the coal chlmreferred to is a going concqjti. I give you the following detail - it- ;
estimated that there is frtfft 300,000 to 400,000 merchantable coal ig
the dump. There is a waspery on the property, with a capacity of “
.no
tons per day. They arafhow shipping 20 cars dailv. The prone-t?.
would be delivered free |p>m debt for the sum of $75,000.
y
I he owners feel thevpwould not care to have it generally known in
the trade that their i/o p e rty is on the market, therefore would
our parties, if interested, to act for themselves and not go from place tn
place offering same Jfcr sale. We have assured them that this wouln
not be done.
f
1
(1
I would like to Jfave you call at Judge R. W . Archbald’s office in thn
Federal building,JSeranton, af your earliest convenience or have somn
one delegated tojno so, and the judge would go into the matter of ne»i
tiation with y o # at once, he having the power to sell.
. The p r o p e r !/ is located not far from Shamokin, or Shenandoah. t+
is really firsi/class.
c
YouraF very truly,
j . H e n r y J on es.
(J.
Henry Jones.
[U. S. S. Exhibit Y .]
(R. W . jRchbald, district judge. United States courts, middle district nt
£
Pennsylvania, Scranton.)
r
T
_
S c r a n t o n , March 23, 1 9 1 1
J o ii / M \ . P e a l e , E s q .
0&A S i r : I regret to learn through your letter to Mr. John Henrv
I1
Japes, of this city, that I was out when you called to see me abont■ /e culm-dump washery about which he wrote you recently. This
Pimp is located at Shaft, near Shenandoah, Pa., and is the propertv n?
:he Oxford Coal Co. Mr. Jones has given you the price and the par
ticulars. It is a going property, with plenty of coal left in the dump
and with more in the vicinity, I believe, although I am not sure about
the latter. I have to go to Washington on April 1 to attend a session
of the Commerce Court, of which I am a member, and hope that yon
will be able to let us know something as to your intentions in th»
matter before I leave.
I expect to be at home here at Scranton every day until that time
and if I do not happen to be at my office, I can be readily summoned’
Yours, very truly,
R. W . A r c h b a l d .
H on. R. W . A r c iib a l d ,
[U. S. S. Exhibit Z.]
N e w Y o r k , M arch 30, 1911.
Scranton , Pa
by Mr. Jones and am fairly well acquainted with this Oxford^pronos?
tion, which I examined before purchased by its present owner. There
profitable venture for me to take up at this time.
Truly, yours,
( J. Henry Jones.
[U. S. S. Exhibit A A .]
Expert reports furnished on timber, rubber, and nl-ip
tations, 31S Twelfth Avenue.)
1 ‘
S c r a n t o n , I ’a ., April 29, 1 9 1 1
W. P eale,
No. 1 Broadway, New York.
S i r : Yesterday I invited M r . Winn to a c c o m p a n y me on a
dump or an old filling between plane No. 4 and No. 5 of the old gravity
which is located between Virginia and Rocky Glen on the Laurel line
running between Scranton and Wilkes-Barre.
The filling is a very
excellent one, and Winn took a sample of it in order to forward same
to you. It is estimated at various figures ; some claim there is 125 000
tons, others ranging from SO,000 to 100,000 tons ; but I think the most
accurate figure would be about 60,000 tons merchantable coal.
The
option on the property is held by Judge Archbald and myself, and we
wanted to make you the following proposition : That if yoii will advance
$12,500 on the understanding that you are to receive this amounthack in coal or royalty, as we will agree upon, that you are to receive
45 per cent of the stock which would he figured at a capitalization of
not exceeding $25,000.
All chestnut and a certain quantity of p^i
coal could he shipped to your orders and loaded at a switch near bv
on the Laurel .line, which transfers to the D., L. & W .
While in
reality all the small sizes can be sold by the company to the Sagwo't
Silk Mill, the Lackawanna Woolen Mills, and other concerns of this
city. While the pea coal could he all delivered at Minooka for local
trade at a good profit, the distance for delivery being less than a mile
Could you spend few hours some day next week to accompany the jud°-e
and myself on the dump I am satisfied that you will be readily eon
vinced that it will he a big money maker for all parties concerned
Thanking you in anticipation of an early reply, I remain, dear sir
Yours, very truly,
’
M r. J o h n
D ear
J. H e n r y J o n e s .
1912.
CONGRESSIONAL RECORD— SENATE.
Mr. SMOOT, from tlie Committee on Public Lands, to which
were referred the follow ing bills, reported them each without
amendment and submitted reports thereon:
S. LoGS. A bill to validate certain homestead entries (Kept.
No. 1*73) ; and
H. R\45. A bill affecting the town sites o f Timber Lake and
D upreeX n South Dakota (Kept. No. 1079).
BILLS INTRODUCED.
Bills w e R introduced, read the first time, and, by unanimous
consent, the'- second time, and referred as fo llo w s :
By Mr. PE%KINS :
A bill (S. 732ti) to provide for tlie participation o f the United
States in the Panama-Pacific International Exposition; to the
Committee on Industrial Expositions.
By Mr. STONE \
A bill (S. 7827) \ provide for furnishing modern approved
and efficient artificial iamb# and apparatus for resection to per
sons injured in the United States service; to the Committee on
M ilitary Affairs.
A
By Mr. JONES :
/
\
A bill (S. 7S28) l.tew tend,iho time for the completion o f the
Alaska-Northern Railway, and for other purposes; to the Com
mittee on Territories.
By Mr. SUMMONS :
\
A bill (S. 7 S2 jf) to establish a frah-cultural station on Lumber
River in M ootffCounty, N. C .; to the Committee on Fisheries.
B y Mr. C liT L T O N :
A bill (S ./8 3 0 ) to regulate the collection o f internal revenue;
to the Committee on Finance.
By M r.,BORA 11 :
A bill (S. 7831) to authorize further advances to the rec
lamation fund, and for the issue and disposal o f certificates
o f indebtedness in reimbursement therefor, and for other pur
poses; t o the Committee on Irrigation and Reclamation o f Arid
L an ds/
A bill ( S. 7832) granting an increase o f pension to Sarah A.
Bailey ycVitli accompanying paper) ; and
A -biif (S. 7833) granting an increase o f pension to Mary M.
TTam/dv (w ith accompanying paper) ; to the Committee.,pu
..
Pensions.
By Mr. O W E N :
A bill (S. 7831) granting a pension to Joseph McCoonse (w itln
accompanying papers) ; to the Committee on Pensions.
A bill (S. 7835) for the relief o f certain Shawnee and Dela
ware Indians; to the Committee on Indian Affairs.
A bill (S. 7830) to establish the legislative reference bureau
o f the Library o f Congress and the congressional corps o f legis
lative investigators, and to maintain them until July 1, 1913;
to the Committee on the Library.
J
By Mr. FLETCH ER :
/
A bill (S . 7837) granting a pension to Loretto L, W srtf f to
the Committee on Pensions.
Bv Mr. W IL L IA M S :
A - bill (S. 7838) for the relief o f the heirs o f IV. II. Sneed,
deceased; to the Committee on Claims.
By Mr. CA TRO N :
' .
, ir
T
A bill (S. 7$39) granting an increase o f pension to Mrs. M. L.
M ann;
'
A bill (S. 7340) granting an increase o f pension to Annie J.
Jones;
\
J?
A bill (S. 7 3 4 l\ g r a n t in g a penkiou to Benjamin F. Gumm;
and
X
A bill (S. 7842) W a n tin g ;a pension to Alvina M cCabe; to
the Committee on Pensions, y
By Mr. LO D G E:
A bill (S. 7843) granting a pension to W illiam E. P ow ell;
and
/
A bill (S. 7844) granting a pension to Catharine T. Laffan;.
to the Committee oyr'l’eusioiisi
By Mr. NELS
A bill (S. 78-w) relating to the adjudication o f homestead
entries in cerLUifi cases; to the Committee on Public Lands.
By Mr. CRJ d VFORD ;
A bill (S^h840) granting an increase o f pension to Mary J.
Hubbard /w i t h accompanying paper) ; to the Committee on
Pensions,
By j\jf. O L IV E R :
A bln (S. 7S47) granting a pension to W illiam S. Shaffer
(withraccompanying papers) ; to the Committee on Pensions.
B# Mr. SM ITH o f M aryland:
A bill (S. 7848.) for the relief of Henry A. Garheart (w ith a
epmpanyiug papers) ; to the Committee on M ilitary Affairs^
A bill (S. 7849) for the relief o f the widow o f Joseph Gulley;
to the Committee on Claims.
899
By Mr. H ITCH C O C K : A bill (S. 7850) to prcn^oe for paving
with a proper material the Fort Crook M ilita ^ B o u le v a n l from
Fort Crook Military Reservation to tkewSKrath city limits o f
South Omaha, Nebr., so as to perfect n-Tontinuous paved high
way from Fort Crook ^Military Reservation to Fort Omaha
M ilitary Reservation; to Hm Cufiiinittee on M ilitary Affairs.
By Mr. LA F O L L E T T E :
A bill (S. 7851) to make it Amlawful for foreign corpora
tions to own or control ffie capital sfoekj.bonds, or indebtedness
o f local public u tility corporations o f theMlistrict o f Colum bia;
to the Committee oh the D istrict o f Columbia?
A^ftN DM EN TS TO APPROPRIATION BILLS.
CUR^PfS submitted an amendment proposing to a-ppi
’
O for the purchase o f a site and the completion
O
ffice building at Osage City, Kans., intended t
him to the sundry civil appropriation bill, w
to the Committee on Appropriations and ore
to be printed.
Mr. OWEN submitted an amendment proposing to appro
priate $10,000 to pay Ivy L. Merrill, a quarter-blood Pottaw at
omie Indian, Pottawatomie County, Okla., in full compensation
for injuries received while in the employ o f the United States
Government, etc., intended to be proposed by him to the Indian
appropriation bill, which was ordered to be printed, and. with
the accompanying papers, referred to the Committee on Indian
Affairs.
Mr. JONES submitted an amendment proposing to appro
priate $20,000 for repair and improvement o f tlie road to Fort
Canby, Wash., etc., intended to be proposed by him to the Arm y
appropriation bill, which was referred to the Committee on
M ilitary Affairs and ordered to be printed.
He also submitted an amendment proposing to appropriate
$45,260 to defray the expenses o f the First Legislative Assem
bly o f the Territory o f Alaska, etc., intended to be proposed by
him to the legislative, etc., appropriation bill, which was re
ferred to the Committee on Appropriations and ordered to lie
printed.
\
g
He also submitted an amendment proposing to in crease/ihe
salary o f the ftecond Assistant Commissioner, Indian dfflioe,
from $2,250 to $2,750, intended to be proposed by him f o the
legislative, etc., appropriation bill, w hich was referred? to the
Committee on Appropriations and ordered to be printed,
v He also submitted sjn amendment proposing to authorize one
assistant in preparing”Lor publication the American Ephemeris
A id Nautical Almanac Mo act as or be appointed- director of
the Nautical Almanac Gffiice, etc., intended to be proposed by
him to the legislative, ete, appropriation bill, which was re
ferred to the Committee < » Appropriations and ordered to be
printed.
%
SNAKE RiV^R DAM, W A S H ,
Mr. JOHNSTON o f A labai% . I lia vtea copy o f a speech
delivered by Hon. Henry M. Teller, ofje o lo ra d o , in the Senate
o f tlie United States March 31 aiad April 2, 1908, on tlie ques
tion o f authorizing the Benton W fl'er Co. to construct a dam
across Snake River in the State o#WVashington. I ask that the
speech be printed as a Senate d jlh in k it and that 500 additional
copies be printed for the use ojfnhe Seil$te.
The PRE SID EN T pro tempore. W ithout objection it is so
ordered.
#
\
Mr. JOHNSTON o f Alabama subsequently sa id: I made a
request for the printing hs a Senate document o f a speech made
by an ex-Sena tor. I a h inform ed that und<% the custom o f the
-jg
Senate such matter bhs not been printed as'teublic documents,
and I withdraw the-request.
The PRE SID EN T pro tempore. The request Is withdrawn.
POSSIBILITIES OF $ DEMOCRATIC ADMINISTRATION ( JkoOC. NO. 0 8 8 ) .
Mr. SM ITH j f Georgia. I ask to have printed as a Senate
document an jh rticle by Senator N e w la n d s , published in tlie
IndependentjpM agazine, on the Possibilities of a Democratic
Administration.
.
%
The D IS S ID E N T pro tempore. W ithout ob je ctio n it is so
ordered,^
REGULATION OF IMMIGRATION.
FiODGE.
I ask that Hie message from the IlouseWhich
_,t disposed of yesterday be laid before the Senate. ?
amendment of the House of Representatives to the lull IS.
to regulate the immigration of aliens to and theVesid/pice of aliens in the United States, which was to strike” out
II after the enacting clause and to insert a substitute, was laid
before the Senate by the President pro tempore.
The PRE SID EN T pro tempore. The amendment has already
been read and a motion made by the Senator from Massachu
setts. It is that the Senate disagree to the amendment made
by the House o f Representatives, ask a conference on the dis-
/
900
CONGRESSIONAL RECORD— SENATE.
agreeing vote o f the two Houses, anti that the Chair appoint
the conferees on the part o f the Senate.
The motion was agreed to, and the President pro tempore
appointed Mr. L o d g e , Mr. D i t x i n g h a m , and Mr. S m i t h of
South Carolina conferees on the part o f the Senate.
UNITED STATES COURT FOR PORTO RICO.
Mr. PO IN D EXTER. I report from the Committee on Pacific
Islands and Porto Rico the bill (H. R. 101G9) to provide for
holding the district court o f the United States for Porto Rico
during the absence from the island o f the United States district
judge and for the trial of cases in the event o f the disqualifica
tion o f or inability to act by the said judge favorably without
amendment.
\
Mr. President, in explanation I should like to say that the
bill is for the purpose o f enacting legislation to enable the
President to fill the temporary vacancy in the district court of
Porto Rico, an emergency existing by reason o f the fact that
there is no other judge who can be appointed under the law to
take the place o f the judge who is absent or disqualified to
try a case. There is a great deal o f important litigation pending
in that court. Among other matters are receiverships o f a
number o f large companies, which require the constant super
vision o f the court.
This bill has been passed by the House o f Representative's
and has been reported favorably, unanimously, by all the mem
bers o f the Senate committee who are in the,city. I submit the
report, and ask to have printed the accompanying letter as a
part o f the report o f the committee, and ask unanimous consent
for the present consideration o f the bill.
The PRE SID EN T pro tempore. In the abseh.ee o f objection,
the report will be received. Does the Senator from Washington
desire to have the letter to which he refers printed in the
R ecord ?
\
Mr. PO IND EXTER. No, sir; I simply desire that it shall be
printed as a part o f the report o f the committee.
The PRESID EN T pro tempore. In the absence o f objection
that order w ill be made.
Mr. SMOOT. Let the bill be read by title.
The S e c r e t a r y . A. bill (H. R. 1010!)) to provide for holding
the district court o f the United States for Porto Rico during the
absence from tlie island of the United States district judge and
for the trial o f cases in the event o f the disqualification o f or
inability to act by the said judge.
The PRESID EN T pro tempore. Is there objection to the pres
ent consideration o f the bill?
Mr. BAILEY. Mr. President, my attention was diverted for
a moment, and I am not sure whether the bill provides fo r the
designation o f this judge by the judges o f tbe Supreme Court
o f Porto Rico or for an appointment by the governor.
Mr. POIN D EXTER. By the governor.
Mr. BAILEY. Mr. President, I venture to say that we could
not authorize the governor o f Porto Rico to appoint an officer
o f the United States. The only way anybody can become an
officer o f the United States is either through appointment by
the President, confirmed by the Senate, or Congress may vest
the appointment in the President alone or in the head o f a
department or in the courts o f law. I think Congress could
authorize the supreme court o f that island to designate a judge,
or it could authorize the Attorney General here to do it, 'but I
am not o f the opinion that Congress can authorize tlie governor
o f Porto Rico to appoint any officer o f the United States. I
therefore suggest to the Senator that we might have a court
there which would be no court at all.
Mr. PO IN D EXTER. Mr. President, I can hardly agree with
the view taken by the Senator from Texas as to lack o f power
in Congress to authorize the governor o f Porto Rico to assign
a judge who is already in office to act as a temporary judge of
another court. There are a great many precedents for laws of
that kind. The Senator from Texas is fam iliar with the act
constituting the Court o f Commerce, which authorizes and d i
rects tlie Chief Justice o f the Supreme Court o f the United
States-----Mr. BAILEY. I do not doubt that we can authorize the
courts to do it; the Constitution expressly provides that. I
do not doubt that we could authorize the head o f a depart
ment to do it; the Constitution expressly authorizes that; but
the difficulty I have in this matter is, that here we propose to
authorize the governor o f Porto Rico to designate this officer.
It may he that this judge, already being an officer o f the
United States, can he designated in this way to hold the court.
I w ill ask the Senator from Washington if there is any supreme
court in that island?
Mr. PO IN D EXTER. There is.
Mr. BAILEY. Then why not let the chief justice o f that
court designate one o f the members to perform this duty?
D ecember 19
Mr. NELSON. Mr. President-----The PRESID EN T pro tempore. Does the Senator fy(),
Washington yield to-the Senator from Minnesota?
1
Mr. PO IND EXTER. I yield.
Mr. NELSON. I f Senators will permit, I will state that thn
same objection would lie against that supreme court as a ga jlls,
the governor, because it is not a Federal cou rt; it is a < m
-< A
local to Porto Rico. This appointee is to act in the place < f .
>
Federal judge. I f the objection o f the Senator from Texas p,
valid, the appointment ought to be made by one o f our Federal
judges or by the Department o f Justice. The supreme court of
the Territory o f Porto Rico is exactly in one sense in the sam
<»
condition as the governor. It is not a Federal office.
Mr. BAILEY. Mr. President, none o f these Territorial <,qj
cers are Federal judges, as we commonly understand the ten,
under the Constitution; in other words, they are appointed w
in virtue o f the judicial clause o f the Constitution. I f ul0„
were appointed so, they must be appointed for life. They a
appointed under our authority to govern the Territory, and j
imagine that we could authorize the court there to make this
appointment. Tlie point is purely that this man is to bo an on,,
cer o f the United States. I would have absolutely no doubt iu
my mind on the question-if he was not already an officer ana
thus simply assigned. I am not very confident that, being
officer o f tlie United States, he could not be assigned by t\l0
governor under the authority o f an act o f Congress; but I*have
no doubt whatever that if he were not an officer tlie govern0l.
o f Porto Rico could not appoint film an officer o f the United
States, because he does not fall within any definition of the
head o f a department or a court o f law.
Mr. BACON. Mr. President, I w ill hand to the Senator fr0 1
1,
Texas the section o f the Constitution, which he has practically
stated the substance of, in order that he may read it to the
Senate.
Mr. BAILEY. Very well—
He shall have power—
The language refers to the President—
lie shall have power, by and with the advice and consent of th«
Senate, to make treaties, provided two-thirds of the Senators present
concur; and he shall nominate, and by and with the advice and consent
of the Senate, shall appoint ambassadors, other public ministers an.5
consuls, judges of the Supreme Court, and all other officers of the
United States, whose appointments are not herein otherwise provided
for and which shall be established by la w ; but the Congress may hv
law vest the appointment of such inferior officers, as they think propel
in the President alone, in the courts of law, or in the heads of del
partments.
Now, obviously the governor o f Porto Rico is not tlie heaq
o f a department, nor is he a court o f law, and consequently ]le
can not, under the Constitution, appoint an officer o f the United
States.
Mr. SUTHERLAND. Mr. President-----Mr. PO IND EXTER. Just one moment, if the Senator will
permit me.
I understood that the Senator from Texas had about con.
eluded, but, if he w ill permit me, I should like to comment upon
that portion o f the Constitution which he lias just read and
upon which the Senator seems to rely. The phrase authoriz.
ing Congress to provide for the appointment o f inferior officers
by the President alone or by the heads o f the departments or
by the judiciary evidently does not include Federal judges.
Mr. BAILEY. This is not a Federal judge as we ordinarily
understand that term. Although a Federal judge o f a circuit
court or a district court is an inferior officer, or, at least, is au
officer o f an inferior court, the Constitution expressly authorizes
Congress to establish inferior courts— that is, as contradis.
tinguished from the Supreme Court o f the United States—and
I am rather inclined to think that, under the plain language of
the Constitution, if Congress were unwise enough, it could author
ize the President alone to appoint tlie judges o f our inferior
Federal courts; but,, as I h av eW id, the officer affected by the
pending bill is not such an officer as we commonly mean when
we speak o f a Federal ju dge; he is a Territorial judge.
Mr. PO IN D EXTER. Mr. President, in either alternative
whether this judge is one o f the higher officers, the appointment
o f whom can not be delegated by Congress, in which case the
constitutional provision which the Senator cites has no applica
tion whatever-----Mr. BAILEY. It applies to all officers o f the United States
Mr. POINDEXTER. It only applies to inferior officers; it
does not apply to the chief officers o f the United States, a's I
understand.
Mr. BAILEY. I f they are not inferior, then the President
would have to appoint them with the consent of the Senate.
Mr. POIN D EXTER. I f they are not inferior, then the' in
stance which I cited o f the selection o f circuit judges to sit as
members o f the Commerce Court is a precedent for such legis'hp
t
W
P
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&
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0
aP
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In
d
1913.
CONGRESSIONAL
o f (lie recognition o f an independent government, or, when
there has been a change in government, the recognition of the
stability and authority o f a government is a function which
belongs to the Executive or to the legislative branch o f the
Governm ent When I say “ legislative,” I should properly say
the lawmaking branch o f the Government, which includes both
the two Houses and the President.
By some it is contended, and has been contended with much
earnestness, that it is a function which exclusively belongs to
(lie executive branch o f the Government, whereas by others it
has been contended with equal earnestness that it belongs to
the lawmaking power o f the Government. I believe the more
conservative view is that which is represented by the opinion
o f many that the initiative can be taken by either the Executive
alone or by the lawmaking power, embracing the join t action
o f both the legislative and the executive branches o f the Gov
ernment— the Congress and the President—acting in a legis
lative capacity. In my opinion, the ultimate power o f decision
is with the lawmaking pow er; and where the final action in
such case has been taken by the Executive, it has been final
through the acquiescence and approval o f the Congress. But
without now stopping to discuss the question I simply make the
statement in order that my attitude may not be misunderstood
In introducing the joint resolution. I move that it be referred
to the Committee on Foreign Relations.
The motion was agreed to.
J
AMENDMENTS TO APPROPRIATION BILLS.
Mr. CLAPP submitted an amendment relative to the pay o f '’
electrical expert aids in thejelassified service o f the Navy, etc.,
intended to be proposed by .Jhiin to the naval appropriation bill,
which was ordered to be Jrinted and, with the accompanying
paper, referred to the Coimnittee on Naval Affairs.
He also (fo r Mr. G a m b l e ) submitted an amendment propos
ing to appropriate $1 0 ,0 ® for the construction o f headquarters
fo r employees and $5,00# for repair and improvement o f agency
buildings, Pine Ridge Jfeency, S. Dak., intended to be proposed
by him to the Indian appropriation bill, which was referred to
the Committee on Indian Affairs and ordered to be printed.
He also (fo r Mr. g / m b l e ) submitted an amendment authoriz
ing the Secretary o f / l i e Interior to approve voucher No. 53 for
the second quarter # f the fiscal year ended June 30, 1911, for
payment o f the benefits to the Pine Ridge Indians, South
Dakota, etc., intemled to be proposed by him to the Indian ap
propriation bill, w /ic h was referred to the Committee on Indian
Affairs and ord er*! to be printed.
Mr. CU RTIS sibm itted an amendment proposing to appro
priate $270,400 f / r new construction at the military post, Fort
Riley, Ivans., in/ended to be proposed by him t o the sundry
civil appropriation bill, which was referred to the Committee
on A p p r o p r i a t i < # i s and ordered to be printed.
He also submitted an amendment proposing to appropriate
$50,000 for thi/construction o f a bridge across the Kansas River
at Fort R ile y / Kans., etc., intended to be proposed by him to
the sundry caril appropriation bill, which was referred to the
Committee oi| Appropriations and ordered to be printed.
He also submitted an amendment proposing to appropriate
$4,010.75 to Jpay I). C. Tillotson, o f Topeka, Kans., in payment
for work dime hi carrying out the provisions o f the treaty with
the Pottawatomie Indians, proclaimed April 9, 1S62, etc., in
tended to if' proposed by him to the Indian appropriation bill,
which w a f referred to the Committee on Indian Affairs and
ordered to; be printed.
Air. A S ftU R S T submitted an amendment proposing to appro
priate $1-19,000 to provide school facilities for the children o f the
Navajo Tribe o f Indians, etc., intended to be proposed by him to.
the Indian appropriation bill, which was referred to the Com
mittee on Indian Affairs and ordered to be printed.
He also submitted an amendment proposing to appropriate
$100,000 for the development o f a water supply for the Navajo
Indians, etc., intended to be proposed by him to the Indian
appropriation bill, which was referred to the Committee on
Indian Affairs and ordered to be printed.
He also submitted an amendment proposing to appropriate
$30,000 for enlarging the irrigation system for the protection
and irrigation o f Indian lands within the Camp McDowell
Indian Reservation, Ariz., etc., intended to be proposed by him
to the Indian appropriation bill, which was referred to the Com
mittee on Indian Affairs and ordered to be printed.
W ITHDRAW AL OF PAPERS— LUCY L. BANE.
On motion o f Mr.
S a n d e r s , it was
Ordered, That the papers accompanying Senate hill 5050, Sixtysecond Congress, second session, granting a pension to Lucy L. Bane,
he withdrawn from the files of the Senate, no adverse report having
been made thereon.
RECORD— SENATE.
9
j5
HOMESTEAD ENTRYMEN IN NORTH IDAHO.
Air. BORAH submitted the follow ing resolution (S. Res. 414),
which was read, considered by unanimous consent, and
jtjjr
agreed t o :
Resolved, That, the Secretary of the Interior he, and he is hereby,
directed to furnish the Senate with a statement showing under and by
what authority of lalv and by reason of what facts there is inserted in
patents issued to certain homestead onflym en in north Idaho, upon
lands formerly covered h>, the Coeur d’Alene Indian Reservation and
other lands in what is known as the Si. Maries and St. Joe country,
a clause making said patents and the title of the said entryman subject
to the application and rights of the Washington W ater Power Co.
for rights of way or the right of said'company to submerge or over
flow the land.
The information is desired “far the purpose of deter
mining the right and authority of the department to insert such a
clause in the patent both from the standpoint of the facts, and the law.
FRIEDMAN CURE FOR TUBERCULOSIS.
Mr. GORE submitted tlie follow ing resolution (S. Res. 415).
which was read, considered by unanimous consent, and
agreed t o :
R esolved, That the President he requested to submit to the Senate
at the earliest' practicable date the results of any investigation made
or being made by the American consul general in Germany or any other
officer of the United States in regard to the Friedman cure for
tuberculosis.
COMMITTEE SERVICE.
Mr. OWEN. I ask to be relieved from the chairmanship o f
the Committee on Pacific Railroads and from further service on
that committee.
The PRE SID EN T pro tempore. W ithout objection, the re
quest o f the Senator from Oklahoma w ill be complied with.
PRESIDENTIAL APPROVALS.
A message from the President o f the United States, by Mr.
Latta, executive clerk, announced that the President had ap
proved and signed the follow ing acts and joint resolu tion :
On December 17, 1912:
S. J. Res. 144. Joint resolution authorizing payment o f Decem
ber salaries to officers and employees o f the Senate and House
o f Representatives on tlie day o f adjournment for tlie holiday
recess.
On December 19, 1912:
S. 6899. An act increasing the limit o f cost for the erection
and completion o f a public building in the city o f llichford,
State o f Verm ont;
S. 3436. An act granting to Phillips County, Ark., certain lots
in the city o f Helena for a site for a comity courthouse;
S. 6283. An act increasing the cost o f erecting a public build
ing at Olympia, W a sh .; and
S. 3974. An act to increase the limit o f cost o f the United
States public building at Denver, Colo.
\
OMNIBUS CLAIMS BILL.
Air. CRAW FORD. I move that the Senate resume the con
sideration o f what is'know n as the omnibus claim s bill.
The motion was agreed to ; and the Senate, as in Committee
o f tlie Whole, resumed the consideration o f the bill (II. it
19115) making appropriation for payment o f certain claim s in
accordance with findings o f the Court o f Claims, reported under
the provisions o f the acts approved Alarch 3, 1883, and March 3 ,
1887, and commonly known as the Bowman and the Tucker
Acts.
\
The PRE SID EN T pro tempore. The question is on tlie
amendment-----\
Air. CRAW FORD. The amendment which I offered.
Mr. BRANDEGEE. I rise to ffipoint of order, Mr. President.
Air. LODGE. It is utterly im%>ssible to hear what is go
ing on.
\
The PRE SID EN T pro tempore. The Senator from Connecti
cut will state his point o f order.
\
Mr. BRANDEGEE. The point o f order is that there is no
order in the Chamber.
\
The PRESID EN T pro tempore. The Senator from Connecti
cut raises the point o f order that there V too much disorder
in the Chamber and that business can not h e transacted. Tim
Chair will appeal to Senators to preserve oftter, and will espe
cially appeal to visitors in the Chamber and hi the galleries to
preserve order.
\
Mr. CRAW FORD.
Mr. President, my amendment to the
amendment offered by the Senator from Alasslrahusetts [Mr.
L o d g e ] has never been read at length.
It was e n d y partially
read. I do not wish to call the bill up with a view, o f taking
the time o f the Senate now, as I understand the Senator from
Texas [Mr. B a i l e y ] wishes to address the Senate. I \ n ly call
the bill up so that it may have its place. O f course I (Tmect to
yield at any moment that the Senator from Texas is present,
otherwise I will ask that the reading o f my amendment to the
amendment offered by the Senator from Massachusetts be re
sumed.
c
916
CONGRESSIONAL RECORD— SENATE.
J
Mr. SMOOT. Mr. President, I should like to ask the Senator parently indifferent, many ambitious politicians
!
from South Dakota if he would be willing to lay the bill aside that by an advocacy o f those measures they <
in order that the Senate may take up the calendar under Rule preferment and accordingly have joined in the j
J
V III, only considering hills to which there is no objection? their adoption.
Thus, Mr. President, these innovations L;.vve acquired a
The Senator from Texas w ill be here in a very few minutes, and
appearance o f strength, and that false appearance o f strength
meantime we can go on with those bills.
Mr. CRAWFORD. Upon that I desire to say that the omni has attracted the support o f many who do'not understand then
bus claims bill has been before the Senate, and, i f we are ever and who will reverse their positions when they are made I 1
to get through with it, I feel that, in accordance with the pledge understand them. But, sir, if the men.Avho believe iu a written
I have made, it isj. my duty to urge it at every possible oppor Constitution and in the principles o f ^representative democracy
do not meet this question courageously and discuss it before th\
tunity.
\
people, we will soon reach the time when a discussion can notMr. SMOOT. Then I withdraw the suggestion.
The PRESIDEN T pro tempore. The Secretary w ill resume, produce its proper effect. Persmafally, I have not been delin
at the point where it was last left off, the reading o f the amend quent in this matter, for on every suitable occasion I paT^
ment submitted by the Senator from South Dakota [Mr. C r a w endeavored to expose, to the bgfffc o f my ability, the dangers 0f
this new political evangel; a a f yet, sir, I would feel that I iU((|
fo r d ] to the amendment . of the Senator from Massachusetts
left something undone, if Ljmid not, before retiring from the
[Mr. L odge ],
\
The Secretary resumed the reading of the amendment to Senate, leave upon our reeprd a fuller statement o f the arpi
the amendment, at the top of* page 1 2 , and read to the bottom ment than I have heretofore found an opportunity to make. &
When I drew the resolution to which I am speaking I i;m_
o f page 16.
ited it to the single proposition that the initiative and referen
Mr. BAILEY entered the Chamber.
M r . CRAWFORD.
The Senator from Texas [Mr. B a i l e y ] dum are repugnant to the principles upon which this Govern
now being in his place, I ask that the further reading of the ment was founded; and I so limited it because I feared that
the business o f the Senate would not permit me to occupy
amendment to the amendment be discontinued.
The PRESID EN T pro tempore. The .reading w ill be sus more of its time than would be required to establish that propo.
sition. I perfectly understood, o f course, that the work which
pended and the bill laid aside.
Mr. CRAW FORD. I give notice that to-morrow, at the close I had thus laid out for fnyself, no matter how thoroughly j
o f the routine morning business, I shall ask the Senate to con might do it, would dispose o f only one-half of the question; and
the more I have considered it the more I have become convinced
tinue the consideration o f the pending bill.
that, even at the risk o f unduly taxing the patience o f the
THE INITIATIVE AND REFERENDUM. \
Senate, I ought to go further and demonstrate also, If I can
Mr. BAILEY. Mr. President, I ask that Semite resolution
that this Government, as established by our fathers, is a better
413 be laid before the Senate.
\
government than that which the initiative and referendum
The PRESIDEN T pro tempore. The Chair lays Before the
would establish. And to that double task I shall now appiv
Senate a resolution which the Secretary will read.
\
myself.
y
The Secretary read the resolution (S. Res. 413) submitted
In the convention which framed our Constitution some dele
by Mr. B a i l e y December 19, 1912, as fo llo w s :
\
gates believed that a limited monarchy was the best government
Resolved, That such a system of direct legislation as the initiative
and referendum would establish is in conflict with the representative which the wisdom o f men could devise, and the greatest intelprinciple on which this Republic was founded, and would, if adopted, lect in that memorable body was one o f that number; other
inevitably work a radical change in the character and structure of dtp delegates preferred an aristocracy, and among them were men
Government.
%
of exalted character and unselfish patriotism ; still other dele
Mr. BAILEY. Mr. President, during my service o f m ore g ates—and I rejoice to say they composed an overwhelming
than twenty-one years in the two Houses o f Congress I have najority— demanded a representative dem ocracy; but among
never before delivered an address in either o f them intended
1 o f those illustrious patriots and statesmen there was not
more for the country at large than for the body itself, and I otm who seriously contended for a direct democracy. That our
would not now depart from a rule which I have follow ed so fathers deliberately, and after great consideration, chose a rep.
long and which commends itself so fully to my judgment except res% tative democracy as the government best calculated to
for the extraordinary situation in which we find' ourselves with secure the liberties and promote the happiness o f the people can
respect to the questions embraced in the pending resolution.
he esRiblished by such an abundance o f historical evidence that
For several years the advocates o f the initiative and refer my diMculty has been to select from the mass o f it sufficient to
endum have conducted a campaign in their behalf with an answe&my purpose without unnecessarily consuming the time
industry and a zeal unparalleled in American politics. They o f the Senate. Fortunately, too, this evidence does not come
have used the C o n g r e s s io n a l R ecord to disseminate their argu from an y on e school o f political thought, but men who held the
ments, and not content with the number or the kind o f readers most opposite opinions upon other questions were at perfect
whom they could reach through that publication, they have agreement'^!! this. Here Hamilton and Madison occupied com
printed what they desired to circulate as separate documents, mon ground; here Patterson and Pinckney, each the author of
which they have sent into more thaii three million homes. They a plan o f government, were in full accord; here Monroe and
have filled every newspaper and magazine whose columns were Marshall entertained and expressed the same views.
open to them with their appeals; and from every lecture plat
Mr. President, I realize that it w ill be extremely irksome for
form in the land they have urged those proposals as the true those who do Qge the honor to hear what I am saying on this
and the only remedy for the industrial and political evils which occasion to listed to the quotations which I shall read from the
afflict our age and country..
letters and speeches o f “ The Fathers ” ; and if I were seeking
On the other hand, the men who are opposed to the initiative merely to influenge the ‘o pinion o f Senators, I would not feel
and referendum have made no special effort to combat them. obliged to subject my audience to that tedious procedure,
They have, it is true, protested from time to time with some because I hope thafe I do not overestimate the esteem in which I
degree o f earnestness, but they have not follow ed their words am held by my associates when I assume that they would accent
with either the work or the organization calculated to achieve my statement o f aiiy historical fact without compelling me
results, and in more than one instance they have suffered those to support it by quotations. But, sir, I am striving to reach
cumbersome and illogical legislative methods adopted almost those outside o f the \Senate Chamber, upon whose intelli
without resistance. A examination o f the returns w ill show gence and patriotism this Republic must depend for its exist
that those miscalled “ reforms ” have been incorporated into ence; and as many o f them have been misled by the yellow
the organic law o f several States by votes which did not repre journals into doubting whatever I might say, I feel constrained
sent twenty-five per cent o f the qualified electors in those States, to read into this record the conclusive evidence that with a full
for the simple reason that no adequate attempt was made to knowledge o f the different, kinds o f government before them
instruct the people and bring them to the polls.
our fathers rejected a monarchy, rejected an aristocracy, re
This remarkable condition has been due to different influences jected a direct democracy, and wisely chose a representative
operating on the minds o f different classes. Many o f our most democracy, which they called a Republic.
intelligent and successful business men are always so engrossed
THE HISTORICAL EVIDENCE.
w ith the management of their private affairs that they often
I shall first lay before the "(Senate what Mr. Madison has
neglect, I regret to say, the performance o f their highest duty
to the public, and they have not up to this time taken any part said upon this subject, and I ^ive this precedence to his testi
in this contest. A still larger, and an equally intelligent, number mony because to him, more thamjdto any other man, we owe the
o f our people have treated it all as a transient distemper o f Constitution under which we livft. It may be that there were
the public mind, and expecting that it would soon pass away delegates in the Philadelphia convention who bore a larger part
they have permitted the propaganda to proceed unchallenged. in drafting the Constitution, or %ffio did more to adjust the
With these numerous and intelligent citizens inactive and ap differences which at one time thr^itened to disrupt that con-
CONGRESSIONAL RECORD— SENATE.
191? .
D
INVESTIGATION OF CAMPAIGN CONTRIBUTIONS.
957
THE PRESIDENTIAL TERM.
Mr. CUMMINS. I ask the unanimous consent o f the Senate
Mr. CLAPP. I offer the follow ing resolution and ask unani
to the follow ing agreement:
mous consent for its present consideration.
That on Tuesday, January 21, at 4 o’clock in the afternoon,
The PRE SID IN G OFFICER. The resolution w ill be rejsfl.
the Senate shall proceed to vote upon Senate joint resolution
The resolution (S. Res. 418) w as read, as follow s:
0
No. 78, with all amendments that have been or may be offered,
Resolved, That Senate resolution 79, agreed to August 26, 3#12, he,
without further debate, provided that the mover o f any amend
and the same is hereby, amended by inserting, in line 2, page i r of said
ment may speak upon it for not to exceed 1 0 minutes and each
resolution, after the word “ eight,” the words “ November 5, J p l2 .
The PRE SID IN G O FFICER. The Senator from Minnesota other Senator not to exceed 5 minutes.
Miv REED. W e could not hear in this part o f the Chamber.
asks unanimous consent for the present consideration o f the
W ill the Senator kindly restate the matter?
resolution. Is there objection?
Mr. CUMMINS. I can not hear the Senator from Missouri.
sose o f the
Mr. GALLINGER. I w ill ask what is the
Mr. I&0ED. There seems to be confusion on the other side
resolution.
o f the Cikm ber also. I ask the Senator if he will kindly restate
Mr. CLAPP. I was going to state it as soo as I had an
provided for the proposition ? W e could not hear him in my immediate
opportunity. It is to amend the resolution wlii
ittee on Privi- vicinity. \
the creation o f a special committee o f the
Mr. CUMMINS. It is that on Tuesday, January 21, at 4
campaign conleges and Elections to investigate the matter
the committee o ’clock in flip afternoon, the Senate shall proceed to' vote upon
tributions. The original resolution authori
lie campaigns o f Senate joint resolution No. 78— that being the join t resolution
to take up the question o f contributions
to include the for the proposed amendment to the Constitution rendering in
1904 and 1908. Subsequently it was amq
it does not cover eligible fo r election one who has once held the office o f Presi
primary or preliminary campaigns o f 1912, *
the presidential campaign o f 1912. I th ij# , for the purpose o f dent— together w ith all amendments that have been or may be
offered to the resolution, without further debate, provided that
comparison in the report the committee yv|R probably make, they
should have the statements o f 1912. I rtish to be frank about the mover o f anjfc amendment may speak upon it fo r 1 0 minutes,
it. I expect possibly that we w ill ta|& some testimony with and that each ottier Senator may speak upon it for not to ex
ceed 5 minutes.
reference to the campaign o f 1912.
gP
I make the lasft provision because it is our experience that
Mr. O LIVER. Mr. President------ m
The PRE SID IN G OFFICER. Does the Senator from Min amendments offered after we begin to vote, without the oppor
tunity for explanation, are often misunderstood. I take it for
nesota 37
ield to the Senator from Pennsylvania ?
granted that substantially the whole debate upon the joint reso
Mr. CLAPP. W ith pleasure.
$
Mr. OLIVER. Do I understand the Senator from Minnesota lution has already taken place. I ask this unanimous consent
because, if it is not?,granted, I shall feel it my duty to very
to offer this as coming from thejfom m ittee?
soon insist upon the continuous consideration o f the join t resolu
Mr. CLAPP. No, sir; I o ffe ^ it as coming from myself.
The PRE SID IN G OFFICER.. Is there objection to the pres tion until w e reach aferote.
Mr. W ORKS. Mr. president------:
ent consideration o f the resolwfion?
The PRE SID IN G (M^FICER. Does the Senator from Iowa
Mr. POMERENE. I ask to have the resolution read.
The PRE SID IN G OFFICER. Does the Senator from Ohio yield to the Senator fram California?
Mr. CUMMINS. I d%
. _____________:
ask that the original resolujpbn may be read, or the resolution
Mr. W ORKS. I presl ie that request does uot preclude the
now proposed?
f .
right o f discussion bet\’ ■en now and the time o f taking the
Mr. POMERENE. The Amendment proposed.
%
The PRE SID IN G O F F /C E R . The Secretary w ill again read vote?
Mr. CUMMINS. Oh, cdrtainly not. W e have more than two
the resolution.
i
weeks’ opportunity fo r d ela te between now and th en ; the joint
The Secretary again read the resolution.
The PRE SID IN G O FFICER. Is there objection to the pres resolution w ill come up e% ry day automatically at 2 o'clock,
and any debate that is desirable can go on during the two
ent consideration o f the resolution?
weeks.
Mr. OLIVER. I tlpnk it had better go over. I object.
The PRE SID IN G O FFICE R. The Secretary w ill state the re
The PRE SID IN G O FFICER. The Senator from Pennsyl
quest o f the Senator from low^.
vania objects.
/*
The S e c r e t a r y . It is that unanimous consent be given that
Mr. CLAPP. Then I move that, notwithstanding the objec
tion, the Senate shall proceed to the consideration o f the resolu on Tuesday, January 21, 1913, a \ n ot later than 4 o’clock p. m.,
the Senate w ill proceed to the consideration o f the resolution,
tion.
Mr. GALLINGER. That can not be done under the rule, Mr. Senate joint resolution 78, and tha| before adjournment on that
date-----President.
d
Mr. CUMMINS. That is not the 'agreement for which I ask,
The PRE SID IN G O FFICER. The Chair would inform the
1 believe that we ought to fix a despite time to vote, so that
Senator from Minnesota that under the rule, when an objection Senators can all be here; and, inasmuch as the debate has
is made, a resolution just offered must go over.
largely taken placeMr. CLAPP. I understand the rule. I made the m otion;
The PRE SID IN G O FFICER. The fthair understands that
.that is all. /
the request was that the vote be taken without further debate,
The PR E SID IN G OFFICER. The resolution w ill go over.
except that upon an offered amendment Rie mover might have
/
live minutes in which to discuss the same.T
COMMITTEE SERVICE.
Mr. CUMMINS. That the mover might fltve 10 minutes and
Mr. GAl^LINGER. I submit a resolution and call the atten
;RLIN<
tion o f 11/e senior Senator from Virginia [Mr. M a r t in ] to it'. any other Senator not to exceed 5 minutes ill which to reply.
The PRE SID IN G OFFICER. That any o% er Senator shall
I ask unanimous consent for the present consideration o f the
have not to exceed 5 minutes.
resolution.
Mr. HITCHCOCK. Mr. President, I do not lu ite understand
T h en /b ein g no objection, the resolution was read, considered
the request o f the Senator from Iowa. It seen** to me that if
by uimiiimous consent, and agreed to, as fo llo w s :
this important question is to be taken up on that%ate, the order
Resolved, That Mr. Jackson be assigned to service on and to the
up at ait; earlier hour
chairmanship of the Committee on Expenditures in the Department of should provide that it should bo tak
State and to service on the Committees on Manufactures, Mines and in the day, say immediately after the morning business.
Mining, the Philippines, Public Buildings and Grounds, and Public
Mr. CUMMINS. The Senator from Nebraska w ill permit me
Lands.
to say that the joint resolution w ill come up e\\ry day at
Air. M ARTIN o f Virginia submitted the follow ing resolution, 2 o’clock and w ill be open for debate. It will co m e \ > on 'that
^niieh w as read, considered by unanimous consent, and agreed t o : day at 2 o’clock and w ill continue, if any Senator (fesires to
f f
Resolved, That Senator K o ber t L. O w e n , of Oklahoma, be assigned discuss it, until 4 o’clock.
I have fixed a definite lim e for
(\ to the chairmanship of the Committee on Indian Depredations;
beginning to vote because I know that every S en a toiW a n ts
That Senator B e n j a m in F. S h i v e l y , of Indiana, be assigned to the
to be here when the vote is taken, and my observation \ that
chairmanship of the Committee on Pacific Railroads ;
That Senator J a m e s A. O 'G o r m a n , of New York, be assigned to the it is a great deal better to fix a definite hour than to le a ^ the
Committee on Foreign R elations;
matter undetermined.
That Senator D u n c a n U. F l e t c h e r , of Florida, be assigned to the
Mr. HITCHCOCK. W e know by experience tha't that Will
Committee on the Judiciary;
,
T h a t Senator K ir t l a n d I. P e r k y , o f Id aho, be a ssigned to the fol probably result simply in an active and general discussibn
lo w in g committees : Education and Labor. Civil Service and Retrench
ment, Industrial Expositions, Transportation Routes to the Seaboard, confined to the day for which the unanimous consent is given;
and it seems to me that tw o hours debate, from 2 to 4 o’clock,
and Expenditures in the Department of Justice.
CONGRESSIONAL RECORD— SENATE.
is too limited. The debate which would occur after 4 o’clock
would be almost negligible.
Mr. CUMMINS. I can not agree with the Senator that the
debate will be delayed until that tim e; I think there w ill be
some debate upon the matter between now and then.
Mr. HITCHCOCK. I was going to say-----Mr. CUMMINS. Any Senator will have the right to insist
upon the consideration o f the joint resolution every day after
the morning hour has expired.
Mr. GALLINGER. Mr. President, if the Senator from Ne
braska w ill yield to me-----The PRESID IN G OFFICER. Does the Senator from Ne
braska yield to the Senator from New Hampshire?
Mr. HITCHCOCK. I do.
Mr. GALLINGER. I f the Senator w ill permit me, I rise to
state that I agree' with him, and that I think the hour ought to
be earlier. It is a certainty that during the next week we shall
not have an opportunity to consider the unfinished business,
inasmuch as the impeachment proceedings will doubtless con
tinue during that week, and I apprehend that we have no cer
tainty that they will not go beyond the next week. There may
not be much opportunity to debate the question between now
and the time the Senator suggests. I want very much to accom
modate the Senator in his request. I think we ought to take
this matter up and vote on i t ; and I think if the Senator would
make the hour 3 o’clock in place o f 4 o’clock it would be
better.
Mr. CUMMINS. I am perfectly willing to do so. I have no
choice so far as the hour is concerned, and if the date I have
named is too early I am quite willing to postpone it until an
other day.
Mr. BORAH. Mr. President-----Mr. HITCHCOCK. Mr. President, it seems to me-----The PRESID ING OFFICER. Does the Senator from Iowa
yield to the Senator from Idaho?
Mr. CUMMINS. I do.
Mr. BORAH. Mr. President, I do not desire to object to the
consideration o f the joint resolution or to fixing a time to vota
upon it, although I am opposed to the measure; but I should
like, if the Senator from Iow a would consent, to have a lifter
date fixed, and I would like very much that we should hajjB the
same agreement which we have had heretofore with reference
to voting before the close o f the legislative day. My ej^erience
here has been that when the Senate agrees to vote afcrt certain
hour debate is always cut off before those who d q /r e to par
ticipate in it on that particular day have concluded, and
especially would I like to have a later ( j / e fixed, be
cause I am quite sure I shall not be able to^-fte here at that
particular time.
J rMr. CUMMINS. O f course, if the Senator from Idaho will
not be here upon that day, I am very f a / f r o m insisting upon
fixing that time to vote. W ill the S e n io r from Idaho suggest
a dav that w ill be convenient?
Jr
Mr. HITCHCOCK. Mr. P r e s id e n t/—
Mr. M ARTIN o f Virginia. W il l/h e Senator from Nebraska
yield to me?
f
Mr. CUMMINS. The Senatoirfrom Idaho [Mr. B o r a h ] sug
gests to me that he would l i / i to have the matter postponed
until one o f the early d a y s /ff February. I have no objection
to that.
/
Mr. M ARTIN o f V ir g /fa . Mr. President, I suggest that the
Senator from Iow a—haueed, I request— that he w ill not press
the unanimous-consqjft agreement to-day. There are quite a
number o f S e n a te )/ absent from the city, and I will be much
gratified if the ^Senator w ill just let this operate as a notice.
There are a number o f very important and sharp differences
about the matter between the four-year presidential term and
the six-ye*rf term even amongst the advocates o f the amend
ment. y a m one o f those who w ill be glad to sea something
done on the line o f the proposition, but I should like very much
for the Senator to simply let what he has said operate as a
notice and not now press the exact date, in view o f the ab
sence o f so many Senators from the Chamber. In a few days
lie can bring up the matter, and I am sure that we shall reach
some conclusion that will be satisfactory to him.
Mr. CUMMINS. Very well. I understand, o f course, that
a request o f that kind is equivalent to a command. I very
gladly accede to it, and I w ill say to the Senator from Virginia
that very soon— whenever it seems to be agreeable to Sena
tors— I w ill again ask to have a day fixed to vote upon the joint
resolution.
The PRESID ING OFFICER. Then the Senator from Iowa
withdraws his request?
Mr. CUMMINS. I withdraw the request at this time.
OMNIBUS CLAIMS BILL.
The PRESID EN T pro tempore. Morning business i/closed
Mr. CRAW FORD. Mr. President, I move th a t/fh e Senate
resume the consideration o f House bill 19115, J ftow n as tfi0
omnibus claims bill.
The motion was agreed t o ; and the Senat hs in Committee
o f the Whole, resumed the consideration
the bill (H. j|
19115) making appropriation for p a y m e n t /f certain claims u
accordance with findings o f the Court of Juaims, reported undoy
the provisions o f the acts approved M jfeh 3, 1883. and March
3, 1887, and commonly known as th e p o w m a n and the Tucker
The PRESID EN T pro tempore. Jme question is on the amendment o f the Senator from S o u t/D a k o t a [Mr. C r a w f o r d ]
the amendment submitted by tp? Senator from Massachusetts
[Mr. L odge].
jF
Mr. CRAW FORD. Mr. P«#!ident, I ask that the reading 0«
the amendment to the an
dment be resumed. It has only
been read in part. I d e s i / to have the reading finished.
• The PRESID EN T prurtempore. The Secretary will proceed
with the reading o f thjpunendment to the amendment.
The Secretary reseated the reading o f the amendment to the
amendment at the m \) o f page 17 and read to the end o f fiU
e
12 on page 74.
Mr. SMOOT. / suggest the absence o f a quorum.
The P R E S Il^ N T pro tempore. The Senator from Utah sug.
gests the a b s (/ce o f a quorum. The roll will be called.
The Secri
answered
their nam es:
Ashurst J
Bacon. J
Borah J?
Bouriyr
Bradley
Brown
Burnham
Horton
-Patron
Chamberlain
Clark, Wyo.
Crane
Crawford „
Culberson
Cullom
Curtis
Dillingham
Fletcher
Gallinger
Hitchcock
Johnson, Me.
Jones
Kern
La Follette
Myers
Nelson
Oliver
Page
Paynter
Perkins
Perky
Pomerene
Reed
Richardson
Sanders
Shively
Simmons
Smith, Ga.
Smoot
Stone
Sutherland
Swanson
Thornton
Townsend
Works
Mr. ASHURST. My colleague [Mr. S m it h o f Arizona]
detained from the Chamber by reason o f a slight illness, which
illness has been brought upon him by assiduous attention to
public business.
Mr. SIMMONS. I desire to state that my colleague [Mr.
O ver m a n ] is detained from the Senate by illness.
Mr. TOWNSEND. The senior Senator from Michigan [Mr.
S m it h ] is absent on business authorized by the Senate.
Mr. KERN. I again announce that the Senator from South
Carolina [Mr. S m i t h ] has been called from the city on account
o f a death in his family.
Mr. C H IR K o f Wyoming. My colleague [Mr. W arren ] is un
able to attend the session o f the Senate because o f absence from
the city.
Mr. JONES. I desire to state that my colleague [Mr. P oin
dexter ] is absent from the city on important business.
Mr. PAYNTER. I desire to announce that the Senator from
Alabama [Mr. J o h n st o n ] is absent on account o f illness.
Mr. OLIVER. My colleague [Mr. P enrose ] is necessarily ab
sent from the city for the day.
Mr. POMERENE. I desire to state that the Senator from
Arkansas [Mr. C l a rk e ], the junior Senator from New Jersey
[Mr. M a r t in e ], and the junior Senator from New- York [Mr.
O ’G o r m a n ] are detained from the Chamber on business o f the
Senate.
Mr. FLETCHER. I desire to announce that my colleague
[Mr. B r y a n ] is necessarily absent from the Senate.
The PRESID EN T pro tempore. Forty-five Senators have an
swered to their names; not a quorum. The list o f absentees
w ill be called.
The Secretary called the names o f the absent Senators, and
Mr. D ix o n , Mr. M artin o f Virginia, and Mr. S m it h o f Mary
land, answered to their names.
The PRESIDEN T pro tempore. Forty-eight Senators have
answered to their names. A quorum o f the Senate is present.
Mr. CATRON. I desire to state that my colleague [Mr.
F a l l ] is necessarily absent on business o f the Senate.
IMPEACHMENT OF ROBERT W . ARCIIBALD.
The PRESID EN T pro tempore. The hour o f 1.30 having
arrived, the senior Senator from Georgia [Mr.. B acon ] will
please take the chair to preside over the impeachment pro
ceedings.
Mr. BACON took the chair as Presiding Officer.
The PRESID ING O FFICER (Mr. B acon) having announced
that the time had arrived for the consideration of the articles
191° .
o
CONGRESSIONAL RECORD— SENATE.
lie also presented a petition o f the Woman’s Christian Tem
perance Union o f Berlin, N. H., praying for the passage o f the
so-called Kenyon-Sheppard interstate liquor bill, which was
ordered to lie on the table.
51 r. M cLEAN presented a memorial o f members o f the German-American Alliance o f Bridgeport, Conn., remonstrating
against the passage o f the so-called Kenyon-Sheppard interstate
liquor bill, which was ordered to lie on the table.
Mr. M ARTIN E o f New Jersey presented a petition o f the con
gregation o f the First Presbyterian Church o f Hamilton Square,
N. J., praying for the passage o f the so-called Kenyon-Sheppard
interstate liquor bill, which was ordered to lie on the table.
Mr. LODGE presented a petition o f sundry citizens o f Stoneham, Mass., praying for the passage o f the so-called KenyonSheppard interstate liquor hill, which was ordered to lie on the
table.
REPORTS OF COMM1TTF.ES.
Mr. W ARREN , from the Committee on M ilitary Affairs, to
which was referred the bill (S. 7515) for the relief o f Col.
Richard PI. Wilson, Fourteenth Infantry, United States Army,
reported it with an amendment and submitted a report (No.
1087 ) thereon.
Mr. SMOOT, from the Committee on Public Lands, to which
was referred the bill (S. 7038) to provide for State selections
on phosphate and oil lands, reported it with amendments and
submitted a report (No. 1088) thereon.
Mr. JONES, from the Committee on Public Lands, to which
were referred the follow ing bills, reported them each without
amendment and submitted reports thereon:
S. 5377. A bill releasing the claim o f the United States Gov
ernment to lot No. 30G, in the old city o f Pensacola (S. Rept.
1 0 0 0 ) ; and
S. 5378. A bill releasing the claim o f the United States G
eminent to that portion o f land, being a fractional bl<
bounded on the north and east by Bayou Cadet, on the # e s t
by Cevallos Street, and on the south by Intendencia Street, in
the old city o f Pensacola (S. Rept. 1089).
Jr
Mr. CURTIS, from the Committee on Pensions, to which was
referred the bill (II. R. 270G2) granting pensions and increase
o f pensions to certain soldiers and sailors o f 1 lid Civil W ar
and certain widow s and dependent children o f/s o ld ie rs and
sailors o f said war, reported it with amendments and sub
mitted a report (No. 1091) thereon.
J
Ho also, from the same committee, to wW&h were referred
certain bills granting pensions and increase o f pensions, sub
mitted a report (No. 1092) accompanied by a bill (S. 8034)
granting pensions and increase o f pensions to certain soldiers
and sailors o f the Civil W ar and certain widows and dependent
relatives o f such soldiers and sailors, which was read twice by
its title, the bill being a substitute for ;tlie follow ing Senate bills
heretofore referred to that committee
S. 33. Ellen B. Ivittredge.
Jr
S. 300. Thomas W. Dickey.
S. 437. Mary E. McDermott.
S. 921. Henry Frink.
f
S. 1115. Christian C. Bradynaeyer.
S. 1223. George M. Pierce. /
S. 2106. Joseph C. Trickey.
S. 2293. James M. Kinnafuan.
S. 2379. Addie Roof.
$
S. 2490. Leeman U nderfill.
S. 2563. Charles W. Morgan.
S. 2634. Alphonso L.J&tasy.
S. 2948. Jeremiah Dushbougli.
S. 317S. James B .jfa le s.
S. 3304. Mary E. JHkard.
S. 3370. M argarqf H. Benjamin.
S. 3490. B enjansn F. Ferris.
S. 3522. Hiramr Ferrier.
S. 3573. Hem f B. Leach.
S. 3597. J o h /B e ll.
S. 3665. Elizabeth Lile.
S. 3666. George M. Conner.
S. 3673. Lola B. Hendershott and Louise Hendershott.
S. 3748. Daniel H. Grove.
S. 3993. Charlotte R. Coe.
S. 4123. Caroline M. Packard.
S. 4255. Benjamin C. Smith.
S. 4656. George R. Griffith.
S. 4802. Roily Wright.
S. 4819. Charles J. Higgins.
S. 49S9. Joseph Letzkus.
S. 5033. Israel II. Phillips.
S. 5136. John E. W oodward.
1257
S. 5171. Josephine A. Davis.
S. 5329. Osmer C. Coleman.
S. 5339. Hugh McLaughlin.
S. 5514. Joseph Striker.
S. 5528. Mary Glancey.
S. 5562. Joby A. Howland.
S. 5657. Andrew King.
S. 5852. Mary S. Hull.
S. 6012. Sarah E. Haskins.
S. 6169. Ira Waldo.
S. 6270. Ellis C. Howe.
S. 6452. Thomas M. Dixon anc
S. 6606. Solomon Wilburn.
S. 6651. W illiam O. Sutlie
S. 6664. Annie II. Ross.
S. 6739. John Dixon.
S. 6750. Arnold Bloopl.
S. 6759. John D. Parkins.
S. 6787. W illiam Harrison.
S. 6791. Sarah 0 Johnson.
S. 6873. Willi&VDobson.
S. 6878. Zacjjfm ah T. Fortner.
S. 6931. Jqgjfe A. Moore.
S. 6938. Julies Moynahan.
S. 6955UDustin Berrow.
S.G9Ggr Sarah J. Vi all.
S. 6908. James Luther Justice.
Mary A. Crocker.
Winfield S. McGowan. '
7025. Martha J. Stephenson.
7047. George E. Smith.
S. 7076. Roscoe B. Smith.
S. 7084. Mate Fulkerson.
S. 7100. Fred D. Bryan.
S. 7108. Ada M. Wade.
S. 7136. Charlotte M. Snowball.
S. 7137. Albert White.
S. 7161. W illiam W. Lane.
S. 7173. Lydia M. Jacobs.
S. 7190. Albert Burgess.
S. 7200. Rosa L. Couch.
S. 7214. John Cook, alias Joseph Moore.
S. 7215. Amanda Barrett.
S. 7216. Alvah S. Howes.
S. 7219. George C. Rider.
S. 7224. Charles C. Littlefield.
S. 7276. Martha Dye.
S. 7282. Carrie Hitchcock.
S. 7363. Sarah McLaury.
S. 7376. W illiam IL Frederick.
S. 7460. Joseph D. Iler.
S. 7510. Rodney S. Vaughan.
S. 7526. Isaac A. Sharp.
S. 7529. Turner S. Bailey.
S. 7547. Alpheus K. Rodgers.
S. 7556. Christina Higgins.
S. 7557. Josiah B. Hall.
S. 7569. Ellen Tyson.
S. 7581. W illiam Hoover.
S. 75S7. Abby E. Carpenter.
S. 75S8. Sarah Gross.
S. 7595. Nelson Taylor.
S. 7596. Carrie Crockett.
S. 7615. Lucy II. Collins.
S. 7624. Royal H. Stevens.
S. 7628. Araminta G. Sargent.
S. 7661. Sidnev P. Jones.
S. 7664. Ann T. Smith.
S. 7677. Ellen E. Clark.
S. 7701. Sarah B. Paden.
S. 7717. Edmund P. Banning.
S. 7719. Winchester E. Moore.
S. 7730. Mary P. Pierce.
S. 7775. John B. Ladeau.
S. 7781. Christopher P. Brown.
S. 7791. Allen Price.
S. 7S05. Delpliine It. Burritt.
He also, from the same committee, to which were referred
certain bills granting pensions and increase o f pensions, sub
mitted a report (No. 1093) accompanied by a bill (S. 8035)
granting pensions and increase o f pensions to certain soldiers
and sailors o f the Regular Army and Navy and o f wars other
than the Civil War, and to certain widows and dependent rela
tives o f such soldiers and sailors, which w as read tw ice by its
CONGRESSIONAL RECORD— SENATE.
title, the bill Being a substitute for the following Senate bills
heretofore referred to that com m ittee:
S. 1915. Caroline M. Anthony.
S. 2465. Arthur F. Shepherd.
S. 3615. W alter L. Donahue.
S. 3726. Calvin R. Lockhart.
S. 8920. Albert J. Wallace.
S.4691. Thomas M. F. Delaney.
S. 6091. Joseph Hurd.
S. 6101. John D. Sullivan.
S. 6107. M ary E. Maher.
S. 6193. George W. James.
S. 6276. George G. Thirlby. \
S. 6764; Lansing B. Nichols.
S. 6883. Jacob Korby.
S. 6S9S. John J. Ledford.
S. 6921. Deborah II. Riggs.
S. 6998. Elmer E. Rose.
S. 7021. Cyrenins Mulkey.
S. 7032. Patrick J. Whelan.
S. 7036. John F. Burton.
S. 7065. Ephraim W. Baughman.
S. 7135. James; J. Blevans.
S. 7281. Henry p . Woodward. '
S. 7305. Bertie \ Wade.
|
S. 7328. Charlotte B. Wynne. §
S. 7368. Otto Weber.
£ '
S. 7466. Carl W. Carlson, f
TJIE JUDICIAL
code.
Mr. SMOOT. I am difcectid by the Committee on Printing, to
which was referred Senktfc concurrent resolution 34, for the
printing o f 25,000 copies o f the Judicial Code, to report it with
amendments, and I ask unanimous consent for its present con
sideration.
g
\
There being no objection, the Senate, as in Committee o f the
Whole, proceeded to c^frsider the concurrent resolution.
The amendments \#re, in line 2, before the word “ thou
sand,” to strike o u t /“ twenty-nye ” and insert “ thirty,” and
at .the end of the Resolution to insert the words “ and 5,000
copies for the use o $ the Senate document room.”
The amendment^ were agreed to. ,
The concurrent^ Resolution as amended was agreed to, as fol%
lo w s :
J
Resolved b y Ilia Senate ( the House of Representatives concurring),
That there he printed 30,000 copies of the judicial Code of the United
States, prepared under the direction of the Judieiary Committee of the
Senate, 10,000 copies of which shall he for t^e use of the Senate and
10,000 copies for the use of the House of Iiefgesentatlves, and 5,000
copies for the use of the Senate document room.
BILLS AND JOINT RESOLUTIONS INTRODUCED.
Bills and joint resolutions were introduced, read the first
time, and, by unanimous consent, the second time, and referred
as follow s:
%
By Mr. CH AM BERLAIN :
A bill (S. 8036) granting an increase of pension to George S.
P a u er; to the Committee on Pensions.
By Mr. K E R N :
A bill ( S. 8037) for the relief o f Israel Sturges; and
A bill (S. 8038) for the relief o f James M. Blankenship (w ith
accompanying papers) ; to the Committee on Military Affairs.
A bill (S. 8039) granting a pension to Delia E. Godfrey (w ith
accompanying papers) ; to the Committee on Pensions.
By Mr. JO N E S :
A bill (S. 8040) for the relief o f the Pacific Creosoting O
to the Committee on Claims.
By Mr. O W E N :
A bill (S. S041) granting a pension to Seberon J. M. C
(w ith accompanying papers) ; and
A bill (S. 8042) granting an increase o f pension to Samuel L.
Hess (w ith accompanying papers) ; to the Committee on Pen-sions.
-By Mr. M cL E A N :
A bill (S. S043) granting an increase of pension to M ary E.
Beach (w ith accompanying papers) ; and
A bill (S. S044) granting an increase o f pension to John
McCarthy (w ith accompanying papers) ; to the Committee on
Pensions.
By Mr. A S H U R S T :
A bill (S. 8045) opening the surplus and unallotted lands in
the Colorado River Indian Reservation to settlement under the
provisions o f the Carey land acts, and for other purposes; to
the Committe on Indian Affairs.
By Mr. BURNHAM :
"v ,,
A bill (S. 8046) granting a pension to Anna K ennedy; to the
Committee on Pensions.
•
J anuary 9
By Mr. R O O T:
A bill (S. 8047) to enable the Secretary o f W ar to pay (]lf>
amount awarded to the Malambo fire claimants by the "joint
commission under article 6 o f the treaty o f November 18, io o j'
between the United States and Panama ; to the Committee on
Appropriations.
a
A bill (S. 8048) to provide for the purchase o f a site and
the erection o f a public building thereon at Walden, N. Y.'; t
the Committee on Public Buildings and Grounds.
By Mr. O L IV E R :
A bill (S. S049) granting an Increase o f pension to Harvey t
Smith (w ith accompanying papers) ; to the Committee on i>eu‘
sions.
By Mr. W IL L IA M S :
A bill (S. 8050) to carry into effect the findings o f the Court
o f Claims in the matterXof the claim o f Elizabeth Johnson; to
the Committee on Claims,
A bill (S. 8051) authorizing the Secretary o f War, in pm
discretion, to deliver to tlife town o f Washington, in the State
o f Mississippi, for the use df Jefferson College, one condemned
cannon, with its carriage and outfit o f cannon balls; and
A bill (S. 8052) authorizing the Secretary o f War, in pjg
discretion, to deliver to the e it* o f Corinth, in the State o f Mis
sissippi, one condemned cannon^ with its carriage and outfit of
cannon balls; to the Committee ofi M ilitary Affairs.
By Mr. R E E D :
A
\
A bill (S. 8053) to authorize the creation o f a temporary
commission to investigate, and make recommendation as to the
necessity or desirability o f establishing a national aerodynam
ical laboratory, and prescribing the duties o f said commission
and providing for the -expenses thereof ,\to the Committee on
Naval Affairs.
y
•
V
A bill (S. 8054) to provide for the enlargement, extension
remodeling, and improvement o f the post-office building a{Moberly, Mo., and for other purposes; to the Committee on
Public Buildings and Grounds.
By Mr. M ARTIN E o f New Jersey:
A bill (S. S055) granting a pension to Gilbert J. Jackson
(w ith accompanying papers) ; and
A bill (S. 8056) granting a pension to John J. Miller (w ith
accompanying papers) ; to the Committee on Pensions.v
By Mr. C R A W F O R D :
\
A bill (S. 8057) regulating the issuance o f interlocutory injunc
tions restraining the enforcement o f orders made by the Inter
state Commerce Commission, and orders made by administrative
boards or commissions created by and acting under the statuses
o f 'a State; to the Committee on the Judiciary.
By Mr. O W EN :
A joint resolution (S. J. Res. 149) extending the time for the
survey, classification, and appraisement o f the surface o f the
segregated coal and asphalt lands o f the Choctaw and Chicka
saw Nations in Oklahoma (w ith accompanying paper) ; to
| Committee on Indian Affairs.
By Mr. W A R R E N :
A joint resolution (S. J. Res. 150) appropriating §40,000 for
expenses of inquiries and investigations ordered Joy the Semiteto the Cdmmittee cn Appropriations.
„*—*'
=*
By Mr. M ARTIN o f Virginia:
A joint resolution (S. J. Res. 151) authorizing the Librarian
of Congress to return to Williamsburg Lodge, No. 6 , A. F. and
A. M., o f Virginia, the. original manuscript o f the record o f the
proceedings o f said lodge; to the Committee on the Library.
SECOND PAN AMERICAN SCIENTIFIC CONGRESS.
Mr. ROOT submitted an amendment proposing to appropriate
50,000
to enable the Government o f the United States to paricipnte in the second Pan American Scientific Congress, to be
:ld in Washington, D. C., October, 1914, intended to be pro
sed by him to the diplomatic and consular appropriation bill,
which was referred to the Committee or? Appropriations and
ordered to be printed.
OMNIBUS CLAIMS BILL.
The PRESID IN G OFFICER. The hour o f 1 o'clock having
arrived-----Mr. CRAWFORD. I desire to give notice that I shall ask
the Senate to resume the consideration o f the omnibus claims
bill at the close o f the moaning business to-morrow.
Mr. W ILLIAM S and Mr. REED addressed the Chair.
The PRESID ING OFFICER. The Chair is compelled to
carry out the order o f the Senate, which is that at 1 o’clock it
will reconvene as a 'C ou rt o f Impeachment.
IMPEACHMENT-OF ROBERT W . ARCHBALD.
The PRESID EN T pro tempore (Mr. B a c o n ) took the chair
and announced that the time mid arrived for the consideration
o f the articles o f impeachment against Robert W. Archbald.
j
1913
CONGRESSIONAL RECORD— SENATE.
made for the fortification o f Grays and W illapa Harbors, in
that State, which was referred to the Committee on Appropria
tions.
Mr. TOW NSEND (fo r Mr. S m i t h o f Michigan) presented
petitions o f the Michigan Annual Conference o f the Methodist
Episcopal Church and o f sundry citizens o f W alled Lake and
Grand Itapids, all in the State o f Michigan, praying for the
passage o f the so-called Kenyon-Sheppard interstate liquor bill,
which were ordered to lie on the table.
He also (fo r Mr. S m i t h o f Michigan) presented a memorial
o f John A. Logan Post. No. 1, Department o f Michigan, Grand
Arm y o f the Republic, remonstrating against the passage o f the
so-called Swanson bill for the relief o f certain Confederate
officers, which was referred to the Committee on Military
Affairs.
TWENTIETH INTERNATIONAL IRRIGATION CONGRESS.
Mr. SMOOT. I have a copy o f resolutions adopted by tbe
Twentieth International Irrigation Congress, held at Salt Lake
City, Utah, October 3, 1012.' I ask that the resolutions lie on
the tabic and b e printed in the R ecord .
There being no objection, the resolutions were ordered to lie
on the table and to be printed in the R ecord , as fo llo w s :
Resolutions of the Twentieth International Irrigation Congress, adopted
at Salt Lake City, Utah, October 3, 1012.
We, the delegates to the Twentieth International Irrigation Congress,
assembled in Salt Lake City, State of Utah, extend cordial greetings to
the irrigation host throughout our country, and submit the following
resolutions as a declaration of principles :
1. We hold that Federal control as between the States is essential to
the equitable distribution and utilization of the water of interstate
streams.
2. Wo approve the development of navigation throughout the rivers
and lakes of the United States in accordance with the most comprehen
sive plan.
3. We renew our indorsement of the Ncwlands river regulation bill,
and urge its enactment by the Federal Congress during the coming ses
sion. This bill provides for the complete control of the flood waters of
our rivers in such wav as to promote irrigation and drainage, the devel
opment of power, the "extension of navigation, and the protection of the
lowlands from destructive floods.
4. We heartily approve the Federal forestry policy, and favor its con
tinuance and extension, and commend the cooperation of State- and
Federal authority in the work of forest protection.
5. Wc recognize the establishment of the United States Reclamation
Service as second only in importance to the passing of the reclamation
act in the development of the arid West. Experience has demonstrated
the expediency of certain administrative changes :
5a. We believe the law should be so amended as to require that all
contracts for the sale of power developed by, or in connection w ith, any
reclamation project shall be approved by the Project W ater Users’ Asso
ciation under such project having an interest in such contract.
5b. W e believe that the profits arising from the operation of any
project should be covered into the reclamation fund to the credit of*
such project.
jf
5c. W c favor the establishment o f water users' associations under all
Government projects when 20 per cent of the land thereunder shall have
passed into private ownership.
Jr
5d. We recommend that complete plans and specifications of an y work
contemplated on any project should be delivered to the Project Water
Users’ Association before such work Is begun, and that itemised semi
annual reports of all charges and expenditures under each reclamation
project should be furnished to the officers of the water users’ associa
tion under such project, and we favor the appointment o f.a consulting
engineer under each project, to he selected by and paid by the Project
W ater Users’ Association having access to the plans, specifications, and
accounts, but without supervisory power.
6. We commend the work of the United States Geological Survey,
and strongly recommend that more liberal* appropriations be made by
the Federal Congress and the legislatures of the States for cooperation
in the prosecution of the work of the topographic and water resources
branches of this bureau.
7. We commend the irrigation and drainage investigations of experi
ment stations, the soil and water investigations of the Bureau of Soils,
and dry-farming investigations of the United States Department of
Agriculture, and equally commend the work of the agricultural experi
ment stations and engineering departments in the several S tates; we
favor further investigation of natural subirrigatiou and of irrigation by
pum ping; and wc urge more liberal appropriations by the Federal Con
gress and by the States for the work and cooperation of these agencies,
and for the more general distribution of the reports and bulletins re
cording their operations and results.
8. We believe that the administration of the Carey Act can be made
more effective by the establishment of effective State supervision for
all projects undertaken in any such States.
9. W e deprecate the sale of abandoned military posts for wholly in
adequate prices, and recommend their transfer to the States in which
they may he situated for use as agricultural schools, experiment sta
tions, or other public uses.
10. We recommend that the Congress of the United States rescind its
action relative to the payment of expenses of Government officers and
employees in attending sessions of the Irrigation Congress, in so far as
the same relates to experts whose work bears a relation to the purposes
of this congress.
11. Realizing that the opening of the Panama Canal in 191-1 will
greatly increase the infiux of immigrants by permitting their landing on
tlie Pacific as well as tbe Atlantic coast, and that the greatest benefits
of foreign immigration can be attained only when the immigrants settle
permanently on farms where they can quickly develop the spirit of
citizenship and help to render this a Nation of homes; we commend co
operation among the various State officers in the establishment of com
mon agencies; including expositions and other means of diffusing accu
rate information, to the end that immigrants may be located on the land
under condit ions suitable to their habits and * conducive to the best
development of the country.
12. We also recommend to the legislative bodies and to the various
commercial organizations, particularly of the States west of the Rocky
Mountains, the establishment and maintenance of bureaus at those
Pacific coast ports where the immigrants will land, and where accurate
information concerning agricultural lands and conditions can be supplied
to them.
•
13. W e further recommend that the Congress of the United States
create a commission to investigate and report upon the colonization
systems now in vogue in other countries concerning rural settlement as
well as the methods of cooperative farm loan systems.
14. Resolved, That the International Irrigation Congress cooperate to
the fullest extent with the Panama-California Exposition in producing
at San Diego in 1915 the most elaborate and comprehensive interna
tional irrigation exhibit that lias ever been assembled ; that we invoke
the aid of the legislators of the several States from the western part of
th e_ Union and of the Governments- of all foreign countries interested
in irrigation, to the end that this plan may be successfully consum
mated.
15. We invite the attention of the president and directors of the
Panama-Pacific Exposition to the propriety of making provision for an
adequate exhibit of irrigated farm products from the several irrigated
States at the San Francisco Exposition to be held in 1915.
10. The Twentieth International Irrigation Congress proffer's its sin
cere thanks to the State of Utah and to the city of Salt Lake, including
the citizens and the Commercial Club and other organizations thereof,
for the generous welcome and gracious hospitality extended to its mem
bers. The Irrigation Congress h a s.felt at home in the city of its na
tivity.
Its hearty thanks are tendered to Prof. .T .T. McClellan and to
.
Prof. Evan Stephens and to the Tabernacle choir for the inspiring
musie which graced the opening session of the congress. Especial
thanks are extended to the Western Union Telegraph Co. for the un
usual interest taken in advertising the congress throughout the United
States and foreign countries and for special wire and messenger service
afforded the congress.
Cordial thanks are extended to the Saltair Railroad and Emigration
Canyon Railway for the pleasant excursions tendered to the members of
the congress, and to the press of; Salt Lake City for its interesting and
complete reports of our proceedings. The congress is to be congratu
lated upon the presence at this session of the accredited delegates from
1ho United Commonwealth of Australia, from the United States of
Mexico, from the Republic; of Brazil, from the Republic of Portugal,
from the Republic of Guatemala, from the Provinces of Ontario, Alberta,
and British Columbia, Dominion of Canada. We bespeak for future
sessions of the congress# addresses by eminent authorities on irrigation
from these and other .nations, to the end that the congress may become
the clearing house Jj§r the exchange of the most advanced ideas of all
natrons upon subjects pertaining to irrigation.
We commend ofer distinguished president. Senator F r a n c is G. N i: w lands, for his j&spiring leadership and his impartial conduct in the
chair. We copRend Mr. Arthur Hooker for his untiring services as
secretary of tgfo congress. The Utah Board of Control is entitled to the
thanks of a^i for the splendid success which has attended its prepara
tions for tjsc Twentieth Irrigation Congress.
/
REPORTS OF C O M M ITTE ES.
Mr. W ORKS, from the Committee on the D istrict o f Colum
bia, to which was referred the bill (S. 7498) fixing the punish
ment for cruelty to or abandonment o f animals in the District
otfColum bia, submitted an adverse report (No. 1094) thereon,
Which w as agreed to, and the bill was postponed indefinitely.
Mr. DU PONT, from the Committee on M ilitary Affairs, to
which was referred a petition from the Chamber o f Commerce
o f Montesano. Wash., praying for an appropriation for the
fortification o f Grays and W illapa Harbors in that Stale, asked
to be discharged from its further consideration and that it be
referred to the Committee on Appropriations, which w as
agreed to.
PRESIDENTIAL INAUGURAL CEREMONIES.
Mr. JONES. From the Committee on the D istrict o f Colum
bia I report back favorably, with amendments, the joint reso
lution (S. J. Res. 145) to provide for the maintenance o f public
order and the protection o f life and property in connection with
the presidential inaugural ceremonies in 1913, and I submit a
report (No. 1095) thereon. This is not a very long measure,
and it is o f some importance. It should be promptly acted on,
and I ask for its present consideration.
The PRE SID EN T pro tempore. The joint resolution w ill be
read for the information o f the Senate.
The Secretary read the joint resolution, and. there being no
objection, tlie Senate, as in Committee o f the Whole, proceeded
to its consideration.
The amendments were, on page 2, line 3, after the words
“ said period.” to insert “ fixing fares to be charged for the use
o f the same ” ; and on page 2 , line 7, after the words “ D istrict of
Columbia,” to insert “ and in such other manner as the commis
sioners may deem best to acquaint tlie public with the same,”
so as to make the joint resolution read:
payf
and
______
—
______
hereby
Columbia to maintain public order and protect life and properly in said
District from the 28th of February to the 10th of March, 1913, both
inclusive.
Said commissioners are hereby authorized and directed to
make all reasonable regulations necessary to secure such preservation
of public order and protection of life and property and fixing faros bv
public conveyance, and to make special regulations respecting the
standing, movements, and operating of vehicles of whatever character
or kind during said period and fixing fares to be charged for the use of
the same.
Such regulations shall be in force one week prior to said
inauguration, during said inauguration, and one week subsequent
and no penalty prescribed for the violation of any of such regulations
CONGRESSIONAL RECORD— SENATE.
shall bo enforced until five da,fs after such publication. Any person
violating any of such regulations shall be liable for each such offense
to a line not to exceed $100 in the police court of said District, and
in default of paynfent thereof to imprisonment in the workhorse of said
District for not longer than 60 days. And the sum of $2,000, or so much
thereof as may be necessary, is hereby likewise appropriated, to be ex
pended by the Commissioners of the District of Columbia, for the con
struction, maintenance, and expenses incident to the operation of
temporary public comfort stations and information booths during the
period aforesaid.
Tlie amendments were agreed to.
Mr. CURTIS. I should like to ask the Senator from W ash
ington having charge o f the joint resolution if the rates referred
to apply only to the inauguration week?
Mr. JONES. That is the time they apply to.
The joint resolution was reported to the Senate as amended,
and the amendments were concurred in.
The joint resolution was ordered to be engrossed for a third
reading, read the third time, and passed.
\
COn. RICHARD
II.
WII.SON.
Mr. MYERS. ; Mr. President, yesterday during the morning
hour I could not be here. I should like to have been here, but
it was impossible, when the Senator from Wyoming [Mr.
W a r r e n ] , from t h e Committee on Military Affairs, reported to
the Senate favorably a substitute for the bill (S. 7515) for the
relief o f Col. Richard H. Wilson, Fourteenth Infantry, United
States Army. That measure was thoroughly investigated by
the Senator from Wyoming and was unanimously recommended
by the Committee on Military Affairs. It is a small bill, which
pertains to a local matter in , Montana, and it is very urgent.
The Senator from Wyoming and the Senator from Delaware
[Mr. d u P o n t ] can vouch for the urgency o f it. I ask unani
mous consent for the immediate consideration o f the bill.
The PRESIDEN T pro tempore. The Senator from Montana
asks unanimous consent for the present consideration o f Senate
bill 7515. Is there objection?
Mr. SMOOT. I should like to ask what is the nature o f the
bill and o f the urgency?
Mr. MYERS. The nature o f it is this: Col. Wilson was in
charge o f Fort William Henry Harrison at Helena, Mont. The
sum o f about $7,000—the exact sum is disclosed by the substi
tute reported— was stolen from the safe in the paymaster’s
office while Col. Wilson was temporarily in charge. It was
stolen, it appears, by a couple o f men who were deserters and
have not been captured.
There was an investigation and Col. Wilson was thoroughly
exonerated. Technically, I understand, under the law he is
responsible for this money, but the W ar Department recom
mended that a bill be introduced and passed relieving him from
that obligation.
All the facts are known to the Senator from Wyoming [Mr.
W a r r e n ] and the Senator from Delaware [Mr. d u P o n t ] , the
Senator from Delaware being the chairman o f the Committee
on Military Affairs. After investigating it and knowing the
facts, they recommended the passage o f the bill, and it was
unanimously reported by the committee.
Mr. CRAW FORD. May I ask the Senator if the report has
been printed? I do not find it on my file.
Mr. MYERS. It was made yesterday. I suppose it has been
printed.
Mr. CRAW FORD. It does not seem to have been yet
printed.
Mr. MYERS. I ask to have it read for the information of
the Senate.
Mr. SMOOT. Not the bill, but the report.
Mr. MYERS. I ask to have the report read.
Mr. BRISTO W . Mr. President, I think this is like a great#
many other bills. I am somewhat fam iliar with it. I would
like to have it go over. I must object to its present considera
tion.
,
The; PRESIDEN T pro tempore. The Senator from Ivausa
objects.
Mr. MYERS. I must say that if the bill has to take the
regular course, I see no hope o f its getting through at this
session. I have no hope o f the bill getting through the Senate
and the House if it must take its regular course.
Mr. BRISTOW . It is a measure that I think ought to be
considered before it is passed.
Mr. MYERS. 1 have asked to have it considered now, but,
o f course, I will have to wait.
BILLS INTRODUCED.
Bills were introduced, read the first time, and, by unanimous
consent, the second time, and referred as follow s:
By Mr. M cLE A N :
A bill (S. 8058) providing for an increase of salary o f the
United States attorney for the district of Connecticut; to the
Committee on the Judiciary.
J anttaey 10.
By Mr. K E N Y O N :
A bill (S. 8059) granting a pension to S a ra l/C . GoodrichA bill (S. S060) granting an increase of pension to Isaac o
F oote; and
A bill (S. S061) granting an increase o f pension to Janies w
E llis; to the Committee on Pensions.
/
' vBy Mr. BR ISTO W :
A bill (S. 8062) granting a pension to Arlice M. K een y ; t 0 t]le
Committee on Pensions.
By air. SM O O T:
A bill (S. 8063) granting an increase of pension to Francis
M. Bishop (w ith accompanying papers ; to the Committee op
Pensions.
By air. W O R K S :
A bill (S. S064) granting a pensioii to John A. Lennon (with
accompanying papers) ; to the Committee on Pensions.
By air. B R A N D E G E E :
A bill (S. 8066) for the relief o f Pay Inspector F. T. Arms
United States N a v y ; to the Committee on Naval Affairs.
’’
By air. STEPH EN SO N :
A bill (S. 8067) granting an increase of pension to George
Vincent (with accompanying papers) ; to the Committee on
Pensions.
#
* 1
By air. O L IV E R :
A bill (S. 8068) granting an/increase o f pension to Annie s
Aul (w ith accompanying papew ) ; and
A bill (S. S069) granting ai^nncrease o f pension to Richard T
Blaikie (w ith accompanying? papers) ; to the Committee oii
Pensions.
#
By air. SH IVELY :
f
A bill (S. 8070) grantingdh pension to Iselo N icely;
A bill (S. 8071) granting a pension to Daniel H and; and
A bill (S. 8072) granting an increase of pension to William
Holdaway (w ith accompanying p a p ers); to the Committee on
Pensions.
By air. BR AN D EG EE :
A bill (S. 8073) repealing a provision of an act entitled ‘V\n
act making appropriations for sundry civil expenses o f the
Government for the fiscal year ending June 30, 1913,” and f 0 i.
other purposes, approved August 24, 1912; to the Committee on
Appropriations.
AMENDMENT TO LEGISLATIVE APPROPRIATION BILL.
air. BRANDEGEE|Submitted an amendment proposing to re
duce the number of clerks o f class 2 in the Office of the Surgeon
General from 26 to ill, etc., intended to be proposed by him to
the legislative appropriation bill, which was referred to the
Committee on Appropriations and ordered to be printed.
IN ^ R S T A T E SHIPMENT OF LIQUORS.
air. SANDERSu air. President, I offer the following.
The PRESID ING O FFICER (Mr. C l a p p in the chair).
will be read.
/
The S e c r e t a r y . The Senator from Tennessee proposes
following unai|fmous-consent agreem ent:
It
th e
It is agreed b / unanimous consent that on Monday, January 20, lot a
at 3 o’clock p. in., the hill (S. 4043) to prohibit interstate commerce in
intoxicating liquors in certain cases he taken up for consideration, no**
to interfere with appropriation hills, and that the vote he taken on all
amendments pending and amendments to he offered, and upon the hill
itself not later than the hour of 6 o’clock on that day.
The PRESID ING OFFICER. Is there objection to the request
o f the Senator from Tennessee? The Chair hears none, it,
so ordered.
am endm ent
of a n t it r u s t
l a w
.
Mr. SMOOT. Mr. President-----Mr. OWEN. I introduce a bill proposing to amend the Sher
man antitrust law, giving the States an opportunity to seek re
dress for trade restraint. I ask that the brief accompanying the
bill be printed in connection therewith, and that it, together
with the bill, be referred to the Committee on the Judiciary.
The bill (S. 8065) to amend an act entitled “ An act to protect trade and commerce against unlawful restraints and monop
olies,” approved July 2, 1890, was, writh the accompanying
aper, ordered to be printed and referred to the Committee on
e Judiciary.
in t e r s t a t e
s h ip m e n t
of
l iq u o r s .
Mr. SMOOT. Was there a unanimous-consent agreement
just entered?
The PRESIDING OFFICER. T]>efe was. It was just agreed
to.
Mr. SMOOT. I know tliep#iire a number o f Senators out of
the Chamber who did n ot^xjiect it to come up at this time. I
was in my seat, and if T had heard it read I would have ob
jected to the unanimous-consent agreement. I therefore ask
that it be reconsidered.
The PRESIDING OFFICER. The Chair understands that it
is beyond the power o f the Senate. The Chair may be mistaken
1913.
COXGrRESSIOXAL RECORD— SENATE.
o
By Mr. PEPPER: Petition o f Ministers’ Association, Clinton,
Mr. Manager CLAYTON. Before the motion is announced as
Iowa, favoring the passage o f the Kenyon-Sheppard liquor bill, having been carried, I w ill state that I submitted a communi
prohibiting the shipment o f liquor into dry territory; to the cation to the President o f the Senate this morning directing
attention to what I think is an infraction o f the rules o f the
Committee on the Judiciary.
By Mr. P O W E R S : Petition o f citizens o f the eleventh con Senate on the part o f Mr. Worthington, o f counsel for the re
gressional district o f Kentucky, favoring the passage o f legisla spondent, who has withheld his remarks from the R ecord.
tion for protection o f merchants and others from the nonpay
Mr. President, everyone else printed his remarks when those
ment o f debts contracted by soldiers drawing pensions; to the remarks were completed, without withholding them ; and I know
Committee on Pensions.
o f no rule o f any court which permits this to be done. Against
By Mr. R A K E R : Petition o f California Retail Grocers Asso that, Mr. President, I desire to say that I think it is impfoper.
ciation. San Francisco, Cal., protesting against the passage o f I have called the attention o f the Presiding Officer to that fact,
the Oldfield patent bill prohibiting the fixing o f prices by the and I hope that the order made in this case w ill.b e'observed.
manufacturer o f patent g ood s; to the Committee on Patents.
Mr. W ORTHINGTON. I have only to say, Mr. President,
By Mr. S H E P P A R D : Papers accompanying House bill 4312, that after the late hour when we adjourned here last night, as
to correct the military record o f II. S. H athaw ay; to the Com soon as possible I got to work at the manuscript which had been
mittee on Military Affairs.
forw arded to me and continued to work on it until midnight. I
By Mr. T IL S O N : Petition o f Italian Chamber o f Commerce, w as then told that it was too late to get it in the R ecord o f
New York, protesting against the passage o f Senate bill 3175, for to-day.
y
the restriction o f im m igration; to the Committee on Immigra
I was not.aw are o f any rule o f the Senate which prevented
tion and Naturalization.
this from being done, and I observed, I think, that the re
By Mr. U N D E R H IL L : Petition o f the Chamber o f Commerce marks o f one o f the manager s^M r. Manager H o w l a n d , h ad been
o f the State o f New York, protesting against the proposed withheld.
A
changes in Senate bill 7208, relative to the carriage o f cargo by
Mr. BRANDEGEE. Mr. President, I rise to a question o f
sea ; to the Committee on Interstate and Foreign Commerce.
order, which is that the motion to close the doors is not de
Also, petition o f the National Indian W ar Veterans, Denver, batable.
Colo., favoring the passage o f legislation granting pensions to
Mr. Manager CLAYTON. Mr. President, may I not make,
F-e veterans o f the Indian w a r s; to the Committee on Pensions. with the permission o f the Senator, another suggestion? The
Also, petition o f Italian Chamber o f Commerce, New York, manager who is now addressing you remained at his office last
protesting against the passage o f Senate bill 3175, for the re night until the hour o f 12.30 in order to read the manuscript
striction o f im m igration; to the Committee on Immigration and o f the report o f his remarks made here yesterday, made after
Naturalization.
the gentleman who has just addressed you made his. And it
Also, petition o f Pine Bluff Lodge, No. 305, Brotherhood of w ill be borne in mind that Mr. W orthington made part o f his
Railroad Trainmen, protesting against the passage o f the work argument day before yesterday.
men’s compensation b ill; to the Committee on the Judiciary.
Mr. President, it seems to me that in all fairness and due
By Mr. W E E K S : Petition o f W altham Progressive Club, observance o f this rule his remarks should have been in the
Waltham, Mass., favoring the passage o f legislation in connec R ecord this morning. This manager, who labored under greater
tion with the pending tariff legislation that such law or laws disadvantage than he did, has put his in the R ecord this
take effect one year from passage; to the Committee on W ays morning.
and Means.
The PRE SID EN T pro tempore. The Chair withheld the an
By Mr. W IC K E R S H A M : Petition o f resident fishermen of nouncement o f the vote out o f courtesy to the manager on the
Petersburg, Alaska, favoring the passage o f legislation prevent part o f the House o f Representatives, which the Chair sup
ing (lie setting o f fish traps in tidal waters o f A laska; to the posed would meet with the acquiescence and approval o f the
Committee on the Territories.
Senate. Strictly, o f course, the order to close the doors ought
to have been made, but this w as the only opportunity, and the
manager on the part o f the House o f Representatives, in the
SENATE.
opinion o f the Chair, was entitled to that courtesy. The Chair
w ill now, however, declare that the motion o f the Senator from
S a t u r d a y , January 11 , 1013.
W yoming is carried, and the Sergeant at Arm s is directed to
Prayer by the Chaplain, Rev. Ulysses G. B. Pierce, D. D.
clear the galleries and close the doors.
The Journal o f yesterday’s proceedings was read and approved.
The managers on the part o f the House, the respondent, and
his counsel thereupon withdrew.
EXECUTIVE SESSION^
The galleries having been cleared, the Senate proceeded to de
Air. W ARREN. Mr. President, there is a situation regarding
certain prominent officers in the ArnSy whereby their nomina liberate with closed doors.
After 1 hour and 32 minutes the doors were reopened.
tions w ill have to be considered torolay or they go out o f the
Mr. Worthington, Mr. Robert W. Archbald, jr., and Mr.
Army. I therefore move that the. Senate proceed to the con
Martin, o f counsel for the respondent, appeared.
sideration o f executive business. .
The managers on the part o f the House o f Representatives ap
The PRE SID EN T pro t e m p le (Mr. B ac o n ) . The Senator
from W yoming moves that they Senate proceed to the considera peared in the seats provided for them.
Mr. CLARK o f Wyoming. I offer two separate orders, which
tion o f executive business. /
The motion was agreed to. and the Senate proceeded to the I ask may be acted upon in the order in which they are sent to
consideration o f executive^ business. After 56 minutes spent the desk.
in executive session the doors were reopened.
The PRE SID EN T pro tempore. The Secretary w ill read the
first order proposed by the Senator from Wyoming.
IMPEACHMENT OF ROBERT W . ARCHBALD.
The Secretary read as follow s :
The PRE SID EN T f r o tempore (M r. B a c o n ) having an
Ordered, That on Monday, January 13, 1913, at the hour o f 1 o’clock
nounced that the tinne had arrived for the consideration o f the p. m„ a final vote he taken on the articles of impeachment presented hv
articles o f impeachment against Robert W . Archbald, the re the House of Representatives against Robert W . Archbald, additional
spondent appeared/ with his counsel, Mr. Worthington, Mr. circuit judge of the United States.
Simpson, Mr. Robert W. Arclibald, jr., and Mr. Martin.
The order was considered by unanimous consent and agreed
The managers bn the part o f the House o f Representatives to.
appeared in the /e a ts provided fo r them.
The PRE SID EN T pro tempore. The next order submitted
The Sergeant at Arms made the usual proclamation.
by the Senator from W yoming will be read.
The PRE SID EN T pro tempore. The Secretary will read the
‘ The Secretary read as fo llo w s :
Journal o f the last session o f the Senate sitting for the con
Ordered, That the Secretary of the Senate do acquaint the House of
sideration o f the articles o f impeachment.
Representatives that the Senate sitting as a High Court of Impeachment
The Journal o f yesterday’s proceedings o f the Senate sitting will on Monday, the 13th day of January, instant, at the hour of 1
o’clock p. m., proceed to pronounce judgment on the articles of impeachas a Court o f Impeachment w as read.
ment exhibited by the House of Representatives against Robert W .
The PRE SID EN T pro tempore. Are there any inaccuracies Arclibald.
in the Journal? I f not, it w ill stand approved. W hat is the
The order was considered by unanimous consent and agreed
pleasure o f the Senate?
Mr. CLARK o f Wyoming. I move that the doors be closed to.
Mr. ROOT. I offer the follow ing order.
for deliberation.
The Secretary read as follow s: The PRE SID EN T pro tempore. The Senator from Wyoming
moves that the doors be closed for deliberation on the part of
Ordered, That upon the final vote the Presiding Officer shall direct
the Secretary to read the several articles successively, and after the
Senators. [Putting the question.]
' COXGEESSIOXAL RECORD— SENATE.
1386
r e a d in g
#*
o f each
a r tic le
th e
P r e s id in g
O ffic e r s h a ll
put
th e
q u e s tio n
fo l
lo w in g , n a m e l y :
_
“ M r . S e n a t o r ----------------, h o w s a y y o u ; I s t h e r e s p o n d e n t , R o b e r t W .
A r c h b a ld , g u i lt y o r n o t g u i lt y o f th e h ig h m is d e m e a n o r s , o r a h ig h c r im e
a n d m is d e m e a n o r , a s th e c a se m a y b e, a s c h a r g e d in t h is a r t i c l e ? ”
The PRESID EN T pro tempore. The question is upon the
adoption o f the order offered by the Senator from New York,
which has just been read.
Mr. CLARK E o f Arkansas. Mr. President, do I correctly un
derstand that the Chair is to adopt the formula as stated in the
proposed order and address it to each Senator? W hy not ad
dress it to the Senate and call the roll? In other words, why
not address that inquiry to Senators collectively? That inquiry
to each Senator w ill require vastly more time than the taking
o f the vote, and I do not see that it will serve any good purpose,
but will simply consume time unnecessarily. I therefore move
that an amendment be made to the order that w ill conform to
that idea. What does the Senator from New York say to that?
Mr. ROOT. I have no objection to that. That was the form
followed in the Johnson case and the Belknap case.
Mr. CLARKE o f Arkansas. Y es; but we have at hand a
short session, and if the proceeding can be abbreviated some
what without destroying its solemnity and importance I think
it should be done.
Mr. ROOT. That can be ordered. I f the order can be re
turned to me, I w ill modify it in order to meet that suggestion.
Mr. FLETCHER. T suggest that Rule X X I I covers the mat
ter sufficiently. It reads that “ on the final question whether
the impeachment is sustained,” which is the whole question, it
seems to me, that ought to be submitted, “ the yeas and nays
shall be taken on each article o f impeachment separately.”
Mr. ROOT. Mr. President, as there seems to be some question
regarding the form, I w ill withdraw this proposed order uuu
and
. -leave the question open under the rule as it stands, without any
/
addition.
(
Mr. OWEN. That is better.
Mr. GALLINGER. Y es; that is better.
Mr- ROOT. I offer the follow ing order, which is a copy o f
Jm c order made in the Belknap case.
I'
V
<
r
1'
>
ij
The PRE SID EN T pro tempore. The question now is up011
the adoption o f the order as amended.
The order as amended w as agreed to.
Mr. WORTHINGTON. Mr. President, I should like to ask,
for the information o f counsel for the respondent, ju st in what
form the question is to be put, under the action the Senate has
just taken?
The PRESID EN T pro tempore. The Chair is unable to answ
,er the question. Does counsel inquire o f the Chair?
Mr W O RTH IN GTON. I w as asking the Chair for lnforination.
The PRESID EN T pro tempore. The order adopted will leave
it to the Chair to frame the question.
Mr. CRAW FORD. I move that the Senate sitting as a Court
o f Impeachment do now adjourn until Monday next at 1 o ’clock
The motion was agreed to.
The managers on the part o f the House, the respondent, and
his counsel thereupon withdrew.
LO AN S I N T H E DISTRICT OF CO LU M BIA .
Mr. CURTIS. I move that the Senate take up the conference
report on the loan-shark bill, so called.
Mr. SM ITH o f Georgia. Are we not in an unfinished state
as to what the Senate actually did in reference to giving a
unanimous consent
The PRESID EN T pro tempore. That is not in the nature
o f unfinished business. It can be called up again. The question
is on agreeing to the motion o f the Senator from Kansas, that
the conference report on the bill (H . R. 870S) to regulate the
business o f loaning money on security o f 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 D istrict o f Colum
bia be now taken up. [Putting the question.] By the sound
the noes appear to have it.
Mr. CURTIS. I call for a division.
Mr. SM ITH o f Georgia. W hat is the motion?
The PRESID EN T pro tempore. The Senator from Kansas
moves to take up the conference report on House bill 87(58
commonly known as the loan-shark bill. Upon that question
the Senator from Kansas asks for a division.
Mr. GALLINGER. I ask for the yeas and nays. It will
save time.
The Secretary read as fo llo w s:
The yeas and nays were ordered.
Ordered, T h a t u p o n t h e f i n a l v o t e i n t h e p e n d i n g c a s e e a c h S e n a t o r
Mr. REED. Mr. President, I have not the slightest objection
m a y , in g i v i n g h is v o t e , s t a t e h is r e a s o n s t h e r e f o r , o c c u p y i n g n o t m o r e
to taking up this proposition at the present time, but I think
t h a n o n e m i n u t e ; w h ic h r e a s o n s h a ll b e e n te r e d in t h e J o u r n a l in c o n
before the Senate disposes o f any other business we ought to
n e c tio n w ith h is v o t e ; a n d ea ch S e n a to r m a y w it h in tw o d a y s a ft e r th e
f in a l v o t e file h is o p in io n in w r i t i n g , t o b e p u b lis h e d in t h e p r in t e d p r o
settle the question whether the unanimous-consent agreement,
c e e d in g s in th e c a se .
or alleged unanimous-consent agreement, which has been so
Mr. McCUMBEB. I move to amend the proposed order by much discussed was, in fact, a unanimous-consent agreement.
striking out the first o f it, relating to the one-minute explana W e ought to do that before we proceed with other business!
Therefore I hope this motion w ill be voted down.
tion o f a vote, so that the latter portion may still stand.
Mr. GALLINGER. It is not debatable.
The PRESID EN T pro tempore. The question is on the mo
tion o f the Senator from North Dakota to amend the order as The PRESID EN T pro tempore. The matter is not debatable.
indicated.
Mr. CUMMINS. A parliamentary inquiry, Mr. President.
The PRESIDEN T pro tempore. The Senator from Iow a will
v Mr. BRISTOW . I should like the yeas and nays on that state it.
question.
Mr. CUMMINS. I f this motion prevails, what will be its
The yeas and nays were ordered, and the Secretary proceeded effect upon the unfinished business— the proposed constitutional
to call the roll.
amendment?
Mr. TOWNSEND (when the name o f Mr. S m i t h o f Michigan
The PRESIDEN T pro tempore. The Chair is of the opinion
w as called). I desire to announce that the senior Senator from that it would be displaced. It is not now the morning hour.
Michigan [Mr. S m i t h ] is in Mexico onCUMMINS. I simply want Senators to understand, be
Mr. the investigating com
mittee appointed by the Senate, and upon the reason he is, un
fore voting for that pending motion, that that w ill be its effect.
B orah
C la p p
D a F o lle tte
P o in d e x te r
fortunately,d eabsent.
Mr. CURTIS. I do not understand that it displaces the un
B ourn e
C rane
L ip p itt
San
rs
B r a d le y
C r a w fo r d
The roll v ecall having been concluded, the result the time being, and a motion is in
Lodge
finished business except for was anShi
ly
B randegee
C u m m in s
M c/ u m b e r
C
S m ith .
r iz
nouneed—yeas A-10, . nays 31,ordervoting 23, as follow s: up a conference report.
not at any time to take
C u r tis
B r is to w
M yers
S m ith ; M d .
The PRESIDEN T pro tempore. That is true; but when it is
B row n
D illin g h a m
O ’G o rm a n
Sm oot
YEAS—-40.
B urn ham
G ron na
O liv e r
made out o f the morning hour any vote o f the Senate to pro
S u th e r la n d
B u rto n
J oh n son , M e.
P a y n te r
Sw an son
ceed to the consideration o f aijy particular matter w ill cause
C a tro n
K enyon
P en rose
T ow n sen d
what has theretofore been the unfinished business to be dis
C h a m h e r la in
K ern
P e r k in s
W illia m s
placed.
N A Y S — 31.
Mr. W ARREN . I want to Inquire just how the unfinished
F le tc h e r
N e w la n d s
A sh u rst
S m ith , G a .
business tvould be before us to the exclusion o f other business.
F o ster
O w en
B acon
S to n e
G a llin g e r
Page
B ryan
T h o rn to n
W ould it come up at 2 o’clock or what hour to-day?
H itc h c o c k
C la r k , W y o .
P erk y
T illm a n
Mr. CUMMINS. It is on the theory that the unfinished busi
C la r k e , A r k .
.T o n e s
P om eren e
W arren
ness is now before the Senate.
M a r tin , Y a .
R eed
C u lb e r s o n
W e tm o r e
C u llo m
Root
M a r tin e , N . J .
W orks
The PRESIDEN T pro tempore. It is now in order, but it
du P ont
S im m o n s
N e ls o n
has not been laid before the Senate.
N O T V O T IN G — 23.
Mr. CURTIS. I suggest that the motion be withdrawn and
B ankhead
J o h n sto n , T e x .
G ardn er
R ic h a rd so n
the unfinished business be laid before the Senate and then tem
B r ig g s
G ore
Lea
S m it h , M ic h
porarily laid aside. It was not my purpose to interfere with the
C h ilto n
G u g g e n h e im
S m ith , S. C .
M cLean
D ix o n
M assey
unfinished business. I ask the consent o f the Senate that that
H e is k e ll
S te p h e n so n
F a ll
J ack son
O verm an
W a tso n
be done.
G a m b le
J o h n s to n , A la .
P ercy
Mr. PENROSE. Let the unfinished business be laid before
So the amendment to the order was agreed to.
the Senate.
Y
/
Jan u ary
CONGRESSIONAL RECORD— SENATE.
1913.
The PRE SID EN T pro tempore. That can be Hone.
Mr. C l’ RTIS. I ask unanimous consent, then, to withdraw
the request for the time being, with the understanding that tin
unfinished business w ill be laid aside. I will then renew m,
motion.
Mr. CUMMINS. I ask that the unfinished business be lr
before the Senate, if it is not automatically before the Senate!
The PRE SID EN T pro tempore. It is the duty o f the Ch:|ir
to lay it l>efore the Senate.
Mr. STONE. I rise to a parliamentary inquiry.
\
The PRE SID EN T pro tempore. The Senator from Missouriw ill state it.
Mr. STONE. The Senator from Kansas withdraws his mo
tion. That does not give him any right to the floor thereafter?
The PRE SID EN T pro tempore. None whatever.
Mr. STONE. I move to temporarily lay aside the unfinished
business.
The PRE SID EN T pro tempore. The unfinished business must
first be laid before the Senate, and then a motion to lay it
aside w ill be in order. The hour o f 2 o’clock having arrived,
the Chair lays before the Senate the unfinished business, which
will be stated by title.
The S ecretary . A join t resolution (S. .T Res. 78) proposing
.
an amendment to the Constitution o f the United States.
Mr. CUMMINS. I ask that the unfinished business be tem
porarily laid aside.
The PRESID EN T pro tempore. The Senator from Iowa
asks that the unfinished business be temporarily laid aside.
Is there objection? [A fter a pause.] The Chair hears none,
a n d 'it is so ordered.
' Mr. CURTIS. I move that the Senate proceed to the con
sideration o f the conference report on the loan-shark bill.
The PRE SID EN T pro tempore. The Senator from Kansas
moves that the Senate now proceed to the consideration o f the
conference report on House bill 8708.
' Mr. SM ITH o f Georgia. Mr. President, I rise to a parlia
mentary inquiry.
The PRE SID EN T pro tempore. The Senator will state it.
Mr. SM ITH o f Georgia. Is not the question which has been
raised as to the procedure o f the Senate in connection with
whether unanimous consent had been given in the nature o f
a privileged question, which should be disposed of?
Mr. GAI.I.INGEE. It is not.
The PRE SID EN T pro tempore. The Chair thinks not. Cer
tainly not unless the time had arrived when it was to he acted
upon. The question is on agreeing to the motion made by the
Senator from Kansas [Mr. C u r t is ]. [Putting the question.]
The noes appear to have it.
Mr. GALLINGER and Mr. CU RTIS called for the yeas and
nays, and they were ordered.
The Secretary proceeded to call the roll.
Mr. I.IIT IT T (when his name was called). I have a gen
eral pair with the senior Senator from Tennessee [Mr. L e a ],
which 1 transfer to the Senator from South Dakota [Mr. G a m u l e ] and will vote.
I vote “ yea.”
Mr. SIMMONS (w h en Mr. O ver m a n ' s nam e w a s c a lle d ). I
d esire to ann oun ce that m y collea gu e [Mr. O v e r m a n ] is absent
on a ccou n t o f sickness.
Mr. PER K IN S (when his name was called). I have a gen
eral pair with the Senator from North Carolina [Mr. O verH a n ], 1 transfer it to the junior Senator from Nevada [Mr.
M assey ] and will vote. I vote “ yea.”
The roll call was concluded.
Mr. O'GORMAN. 1 desire to announce that the Senator from
iWest Virginia |Mr. C h i l t o n ] is absent from the Chamber be
cause o f illness in his family.
Mr. HR VAN. I desire to announce that the junior Senator
from Alabama [Mr. J ohnston ] is detained from the Chamber
on account o f illness, and is paired with the Senator from New
M exico [Mr. F all ].
The result was announced— yeas 40, nays 14, as follow s:
YEAS— 40.
Ashurst
Cummins
Tertis
Dillingham
Fletcher
Foster
Gallinger
Grouna
Johnson. Me.
Jones
Kenyon
l.ippitt
Bradley
Bristow
Barton
Clarke, Ark.
Hitchcock
Kern
Paynter
Reed
Raukhead
gw ah
grandegee
grown
w.van
Oatron
OJiambcrlain
£!app
Martino, N. .T.
Myers
O'Gorman
OlivetPage
Penrose
Perkins
Perky
Poindexter
Pomerene
\
Root
Sanders
Simmons
Smith. Ariz.
Swanson
Thornton
Tillman
Warren
Wetmore
Works
N AY S— 14.
Shively
Smoot
Stone
Sutherland,
Townsend
Williams
)
NOT V O T IN G — 40
Dixon
Johnston, Tex.
du Pont
La Follette
Fall
Lea
Gamble
Lodge
Gardner
McCumber
Gore
McLean
Guggenheim
Martin, Va.
Hciskell
Massey
Jackson
Nelson
Johnston, Ala.
Newlands
Overman
Owen
Percy
Richardson
Smith, Ga.
Smith, Md.
Smith. Mich.
Smith. S. C.
Stephenson
Watson
So the motion to proceed to the consideration of the confer
enee report w as agreed to.
Mr. CURTIS. Mr. President, the report has been read, <*nd
I ask for a vote on it, unless some explanation is asked.
Mr. President, the main point in dispute between the House
and the Senate is whether or not the pawnbrokers doing busi
ness in the city o f Washington should be included in this loanshark bill and limited in their charge o f interest to 1 2 per cent
per annum. The Senate committee first took the ground that
because o f the fact that there was a separate law applying to
pawnbrokers, the act o f 1889, any amendment in reference to
them its to the amount o f interest which might be charged by
them should be considered as an amendment to that law.
But the bill was amended and sent to conference, and after
several meetings it was found that the managers could not reach
an agreement unless the pawnbrokers were included ; and so at
last the Senate conferees gave in on that point, and this Dill
as it has been agreed to and reported to the Senate, and to which
report the Senate is requested to accede, includes pawnbrokers,
and hereafter it w ill not be law ful for them to charge more
.than 1 per cent a month, or 1 2 per cent per annum, upon their
ns.
nder the existing law they are permitted to charge 3 per
cefit a month, or 30 per cent a year. It w as discovered, as I
spited before, that some o f the loan sharks in this city were
liarging poor, unfortunate men and women as high as 372 per
r
c-ent for the loan o f money, and your committee, after a most
careful consideration, concluded that this bill was the liest
method by which the loan sharks could be regulated and con
trolled. So they have reported it. I think I may safely say
that when this question was presented to the committee the
vote was unanimous, that rather than defeat the loan-shark bill
the pawnbrokers should be included in it.
W ith this statement, unless some Senator wishes to ask a
question, I ask for a vote upon the report.
Alt*. JONES. I wish to ask the Senator from Kansas if the
conference report preserves the other regulations now existing
with reference to pawnbrokers except as to the rate.
Air. CU RTIS. That question was discussed in the conference.
A m ajority o f the conferees thought that it did cover them and
that the existing law Mould apply, only changing the rate of
interest which might be charged by the pawnbrokers.
Air. TOW NSEND. W ill the Senator yield for a question?
Air. CURTIS. Certainly.
Mr. TOWNSEND. It has been reported to me that the com
missioners and practically all o f the civic societies here in the
city o f Washington are opposed to this bill, not because it puts
the loan sharks out o f business but because it w ill put the
pawnbrokers out o f business. 1 should like to ask the opinion
o f the Senator in reference to that statement.
Air. CURTIS. I think that statement goes too far. It is
true that representatives o f a large number o f organizations
appeared before members o f the committee and urged the
committee not to consent that the pawnbrokers should he
included, and asked if there was any legislation in regard to
pawnbrokers that it should he applied to the existing law.
But after considerable discussion and several meetings it Mas
found that no agreement could he reached upon the loan-shark
bill unless the pawnbrokers Mere included.
Therefore the
conferees on the part o f the Senate consented to that, and their
action was indorsed by a vote o f the Committee on the D istrict
o f Columbia.
Air. TOWNSEND. Would it he a fact, as is charged, that this
limitation to 1 per cent would result simply in a sale always
o f pledges, and that poor men, men Mho have very little
property to put up as a pledge, would thus be denied a privilege
u-kieh they claim is very dear to them?
Air. CURTIS. There has been organized within a year in the
D istrict o f Columbia a company that is now loaning money at
t> per cent, or rather 0 per cent discount, and the officers and
managers o f that company inform ed members o f the committee
that they are ready to continue loans at that rate. Some mem
bers o f the committee thought that the interest charged by the
pawnbrokers, where they had security, 3t! per cent. Mas entirely
too large. W ith this new company and others Mho are doing
a loaning business, and with the inform ation that the com-
1388
CONGRESSIONAL RECORD— SENATE.
mittee liad in reference to business done by companies in New
York, Chicago, Boston, and other large cities, it was believed
those who desired small loans would be accommodated. This
one company is now doing business and other companies can
l)e organized, and money can be loaned here at (5 and 8 per
cent; at any rate, at a lower rate than is permitted in this
bill, which allows them to charge 12 per cent, or 1 per cent
a month.
Mr. TOWNSEND. Does the new company to which the
Senator refers loan money on personal property as security?
Mr. CURTIS. I understand they have made loans on personal
property or even upon the notes of individual members, of the
family.
Mr. TOWNSEND. IIow do they differ from ordinary pawn
brokers ?
Mr. CURTIS. I can not tell you that. I do not know about
their security. The matter was brought to my attention a few
days ago, but I did not inquire extensively into how they are
doing business.
I ask for a vote, Mr. President, on the conference report.
The PRESIDENT pro tempore. The question is on agreeing
lo the conference report.
The report was agreed to.
INTERSTATE SHIPMENT OF LIQUORS.
Mr. SMOOT. Mr. President, at the close of the session last
evening the question of the unanimous-consent agreement to
vote on Monday, January 20, 3913, at 3 o’clock upon the bill^
( S. 3043) to prohibit interstate commerce in intoxicating liquor^
in certain cases was under discussion, and I asked that it
resubmitted to the Senate and gave a short statement as/to
why it should be. 1 again, Mr. President, ask that that question
be resubmitted to the Senate.
I wish to say, Mr. President, that the R ecord shows f was
presented to the Senate in an unusual way. The Senator from
Tennessee [Mr. S a n d e r s ] did not ask unanimous consent for
Hie consideration of the order, lie simply stated, “ £ present
the following,” and then it was read by the Secret/ry of the
Senate.
I heard the Presiding Officer make the statem e/, “ Is there
objection? The Chair hears none, and it is s q / ordered.” I
immediately rose to my feet and addressed theiChair, but his
attention was drawn to the other side of the Chamber, and he
recognized (lie Senator from Oklahoma [Mr. O / e n ] . I rose for
the purpose of objecting and giving my reasons why. I have
already stated to the Senate how it happe/ed. I was in the
Senate at the time the unanimous consent Was passed upon, and
before any other business had been attended to I addressed the
Chair.
Mr. President, under the circumstances I ask that the ques
tion be resubmitted to the Senate.
Mr. CLAPP. Mr. President, I desifre to say in connection
with ibis matter that it seems to m e/h e Senate is establishing
a very dangerous precedent in opening the door to a means by
which a majority of the Senate aa any time can practically
nullify a unanimous-consent r u le ./it has been urged. I do not
know whether on the floor of the Senate, that if this order
stands there are Senators who /d ll disregard it. I think that
possible danger of far less imrortance to the Senate than the
step it is proposed to take, wli/vh would open a way to set aside
a unanimous-consent agree]
It happened yesterday nu/nrfng that I came into the Senate.
The President pro tempordOifad to take charge at 1 o’clock of
the impeachment proceeffimgs, and he usually has some one oc
cupy the chair while iKyggcures a lunch. He happened to ask me
to occupy the chair. I / i s needless to say that I knew nothing
whatever of any propped unanimous-consent request, but upon
taking the chair t l / Senator from Tennessee sent the request
to the desk. T he/rhair directed the reading of the request,
which the Secretary did, announcing in the reading that the
Senator from Tennessee was asking for unanimous consent.
Mr. SMOOT/ Mr. President-----The PRESIDENT pro tempore. Does the Senator from Min
nesota yiehyro the Senator from Utah?
Mr. CLAPP. Certainly; with pleasure.
Mr. SMOOT. I think that statement is absolutely correct;
but theySenator from Minnesota, who was the Presiding Officer
at theyfime, will remember that he made this statement:
4
_ the Chair say a word. There is too much confusion in the
Scinde. This unanimous-consent offer was made, was read very clearly
with great deliberation by the Secretary, and stated with deliberabv the Chair. The trouble is there is too much confusion in the
"Chamber.
Mr. CLAPP. I will reach that in chronological order in my
statement. I think those who were in the Senate yesterday
morning when this unanimous consent was asked for will bear
\
January
ij
out that the Secretary of the i
fte read it with care and witi
deliberation. The request or
ggestion as to whether ther
was objection was made with ufuch more deliberation than S0lr,
requests which have been submitted to-day. After the stat
meat that the Chair heard / o objection, there was a pause aA
then the usual order, “ I t / s so ordered.” After that the Sentor from Utah addressedpthe Chair; but the Chair did not so
him, and recognized tb / Senator from Oklahoma. Upon th'e
completion of the bususess proposed by the Senator from Oip!e
homa, the Senator from Utah obtained the floor and ask A
whether the Senat^mad been considering a request for unarr
mous consent, and/was advised that it had just passed u 'J '
that kind of a r</iest. The Senator then suggested a reconsid
eration of the y t e . The Chair held that there could be no A
consideration /
a vote fixing a unanimous consent; that an
agreement low unanimous consent could not be changed, modi
fled,-or set a/ide even by unanimous consent after it was made
The rule ijft that has already been stated by the Senator fron
Massachusetts [Mr. L odge], and requires, it seems to me, at
hands nw discussion.
>
y
Subsequently, and I might say generally, if I may he permitted
to s a / i t without a seeming reflection, the Chair stated that
tlie r/w a s too much confusion. There is too much confusion
t o o /ft e n upon the floor of the Senate. If the Senator from
Thjftli had suggested, or if it had been suggested to the Chair at
Mat time that he resubmit the question, a different question
night have been presented. The controversy, and no one was
rto blame for that, turned at once upon the right of the Senate
to deal with a unanimous-consent agreement after it had been
made. After that question had been discussed pro and con f0r
some time, then the suggestion was made that the subject mat
ter be resubmitted to the Senate.
Now, Senators, this is simply my own view—every man D
entitled to his ow n; every man can settle these questions f0r
himself—but it seems to me that if this unanimous-consent
agreement can be set aside, not by a direct vote to reconsider
it, not by a vote to set it aside, but upon the plea that it was
not in fact adopted, you are establishing a very dangerous prece
dent; you are getting into a twilight zone where there is no
well-defined line that can be laid down either by the Senate or
by the Presiding Officer.
I do not know that anyone has questioned the fairness of the
matter. It is a matter I do not care to discuss. I say again
that the then occupant of the chair had no suggestion that the
Senator from Tennessee was going to submit a request, nor did
he know what tlie request was until it was read from the desk,
and then the Chair proceeded with deliberation. Clearly no one
could claim that he was taken by surprise or that any ad
vantage was taken of him.
I want to say again, it appears to me that if by tins means, in
this instance, while it may seem perhaps a hardship, although it
is not a vote, it is not decisive of anything except that some
day the Senate will vote upon a measure, if a unanimousconsent agreement can be set aside upon this ground we are
making a precedent and opening^ a dangerous pathway to the
modification and setting aside of unanimous-consent agreements.
For one I shall feel constrained to vote against resubmitting
this matter to the Senate.
Mr. LODGE. Mr. President, I am in sympathy with the
objects and purposes of this bill. I f I had been here yesterday,
I should have made no objection whatever to the unanimousconsent agreement.
I venture to take the floor for a few moments because there
seems to be much more involved here than anything affecting a
single measure. The business of the Senate is largely trans
acted through unanimous-consent agreements, not only the im
portant unanimous-consent agreements which are reached often
with much difficulty on large and generally contested measures,
but constantly on all the small business of the-Senate we depend
on unanimous consent to enable us to transact the public busi
ness. AVe do it in executive session, and we do it in legislative
session. We have never put any restraint upon it. We have
never fixed any time, as is done in the House, when a unani
mous-consent agreement can be asked.
Now, Mr. President, it seems to me, after listening to the
debate on this subject, as if there was more or less misconcep
tion, misapprehension perhaps, on the part of some Senators
as to the nature of a unanimous-consent agreement. It has
no recognition in the rules at all. It is no more within the
control of the Chair than the maintenance of a pair is in the
control of the Chair. The chair when occupied by Mr. Frye,
who was high authority, stated the position of the Chair, once
for all. that he had no power to enforce a unanimous-consent
agreement any more than he had power to enforce a pair, a
unanimous-consent agreement is something that rests abso-
CONGRESSIONAL RECORD— SENATE.
191° .
D
in tlie Chamber I would have objected, and I presume there are
The PRESIDENT pro tempore. So the Chair is instructed by
20 others probably who would have objected, too. So we would the Senate to submit the question again to (lie Senate which is
want to preserve our rights as well as the Senators on the other involved in the request for unanimous consent sent to the desk
side desire to preserve theirs.
N by the Senator from Tennessee [Mr. S a n d e r s ] . The Secretary
s The PRESIDENT pro tempore. The request of the Senator \vill again read it.
from Utah is that the question shall |)e again submitted to the \The Secretary read as follow s:
Senate as to whether unanimous consent shall be granted in this
\rke Senator from Tennessee asks unanimous consent that on Monday,
case. A s has been previously stated, the present occupant of J a m a ry 20, 1913, at 3 o’clock p. m., the bill (S. 4043) to prohibit inter
file chair was not in the chair when the matter now under
commerce in intoxicating liquors in certain cases be taken up for
em sideration, not to interfere with appropriation bills, and that the
discussion originated, and was not even in the Chamber; and vole be taken on all amendments pending and amendments to bo offered,
for that reason, and for the additional reason, as has been anjp upon the bill itself, not later than tiie hour of 0 o’clock on that day.
stated on the floor, that it is something which is apt to make a
L'he PRESIDENT pro tempore. Is there objection to the
precedent, the Chair prefers that it shall be decided by the ulaniAous consent asked?
Senate.
I Mr. SMOOT. I object.
Therefore the Chair will submit to the Senate the question / Mr. GALLINGER. The Senator from Utah objects?
whether there shall be a resubmission on the ground that there [ / The PRESIDENT pro tempore. The Senator from Utah obhas not been already obtained unanimous consent. The Chair jeets.
will put it in the form of a question; those who are in favor
\Mr. GALLINGER. I ask unanimous consent that on Monday,
of the Chair again submitting it will vote in the affirmative February ID, 1913, at 3 o’clock p. m., the bill (S. 4043) to pro
and those who are opposed in the negative. The Chair now himt interstate, commerce in intoxicating liquors in certain
puts the question: Those who are in favor of the Chair’s resub easqs be taken up for consideration, not to interfere with appro
mitting to the Senate the application for unanimous consent priation hills, and that the vote he taken on all amendments
will say “ aye ” ; those opposed “ no.”
pending and amendments to be offered, and upon the bill itself,
Mr. KENYON. On that I ask for the yeas and nays.
not liter than the hour of G o’clock on that day.
The PRESIDENT pro tempore.. The Senator from Iowa
T ill PRESIDENT pro tempore. Unless it is desired that the
asks for the yeas and nays.
requfst shall be read by the Secretary the Chair will put the
The yeas and nays were ordered.
question. Is there objection? The Chair hears none.
r The PRESIDENT pro tempore. The Chair will state the
Mf. SUTHERLAND. What date was fixed?
/question. As many as favor the direction to the Chair to resub
GALLINGER. February 10. That is all right,
mit the question to the Senate will vote “ yea ” as their names
e PRESIDENT pro tempore. The Chair hears no objecare called. Those who are opposed to such direction being
and it is so ordered.
given to the Chair will, as their names are called, answer
HOUSE BILL REFERRED.
“ nay.” The Secretary will call the roll.
\
J
II. II. 2GS74. An act making appropriations for the current
' The Secretarv proceeded to call the roll.
Mr. WILLIAMS (when his name was called). I have a and contingent expenses of the Bureau of Indian Affairs, for
general pair with the Senator from Pennsylvania [Mr P en rosf /J. fulfilling treaty stipulations with various Indian tribes, and for
I notice that he is not in his seat. If he were present, I should other purposes, for the fiscal year ending June 30, 1914, was
read twice by its title and referred to the Committee on Indian
vote “ nay.” As it is, I withhold my vote.
Affairs.
The roll call was concluded.
Mr. DU PONT (after having voted in the affirmative). I have a
CLAIMS OF DECEASED CIVILIAN EMPLOYEES (S . DOC. NO. 0 0 9 ) .
general pair with the senior Senator from Texas [Mr. C ulber
The PRESIDING OFFICER (Mr. B randegee in the chair)
so n ].
a s he is not in the Chamber, I will withdraw my vote.
If he were present, as already indicated, I would vote ‘‘ yea.” laid before the Senate a communication from the Secretary of
Mr. CURTIS. I was requested to announce that the junior tiie Treasury, recommending the enactment of legislation au
Senator from Rhode Island [Mr. L iit it t ] is detained from the thorizing the payment, Avithout administration, of amounts
Senate on official business. I do not know how he would vote found due deceased civilian United States employees or their
legal heirs, which, with the accompanying papers, was referred
were he here.
Mr. SANDERS. The senior Senator from Tennessee [Mr. to the Committee on Appropriations and ordered to be printed.
L ea] is detained from the Chamber in an unavoidable way.
MESSAGE FROM THE HOUSE.
Mr. SIMMONS. I d e s ir e to a n n o u n c e t h a t my c o lle a g u e [Mr.
A message from the House o f Representatives, by J. C. South,
O v e r m a n ] is u n a v o id a b ly a b s e n t o n a c c o u n t o f sick n e ss .
its Chief Clerk, announced that the House had passed a bill
Mr. BANKHEAD. My colleague [Mr. J o h n s t o n of Alabama] (II. R. 27475) granting pensions and increase of pensions to
is absent from the Chamber on account of illness.
certain soldiers and sailors of the Civil War and certain widows
Mr. KERN. I desire again to announce the unavoidable ab and dependent children of soldiers and sailors of said war, in
sence o f the Senator from South Carolina [Mr. S m i t h ] on ac which it requested the concurrence of tho Senate.
count o f a death in his family.
PETITIONS AND MEMORIALS.
Mr. MYERS (after having verted in the negative). I ask if
the Senator from Connecticut [Mr. M c L e a n ] has voted.
The PRESIDING OFFICER presented resolutions adopted
The PRESIDENT pro tempore. The Chair is informed that by the Chamber of Commerce of Sumter, S. C., favoring the en
actment of legislation prohibiting the manufacture and sale of
lie has not.
'
'x
Mr. MYERS. I have a general pair with that Senator, aud'J pistols, which Avere referred to the Committee on the Judiciary.
Mr. PAGE presented a petition of sundry patrons and teachers
therefore withdraw my vote.
The result was anuounced^-yeas 40, nays 17, as follow s:
f the public schools of Louisiana, praying for the passage of
. Y E A S— 40.
t% so-called Page vocational education bill, Avhich Avas ordered
Simmons
Martine, N. J.
Crane
Bacon
to Me on the table.
Smith, Ariz.
O’G o m a n
Crawford
Bankhead
MY. McLEAN presented a petition of the Court of Common
Smith, Ga.
Owen
Cullom
Bourne
Council of New London, Conn,, praying for the repeal of that
Smoot
Page
Fletcher
Bradley
Stone
Paynter
part % the act of August 24, 1912, relating to the appointment
Foster
Brandegee
Sutherland
Perky
Ileiskell
Bnstow
of carets and cadet engineers, Revenue-Cutter Service, Avhicli
Thornton
Pomereno
Hitchcock
Burton
Avas referred to the Committee on Appropriations.
Tillman,
Iteed
Kern
Catron
Warren
Root
Clark, Wvo.
Mr. fJRONNA. I present a telegram in the nature of a memo
La Follette
AVetmore
Shively
Lodge
Clarke, Ark.
rial film members of the National Guard Association of my
N A Y S— 17.
State, imanimously indorsing the Federal pay bill. I ask that
Swanson
Jones
Clapp
Askurst
the telegram he printed in the R ecord and referred to the Com
Kenyon
Townsend
Borah
Cummins
mute# on Military Affairs.
Martin, Va.
Curtis
Brown
Poindexter
Gallinger .
Burnham
ThJre being no objection, the telegram was referred to the
Sanders
Gronna
Chamberlain
Committee on Military Affairs and ordered to be printed in the
VOTING— 37.
NOT
RixqjfiD, as follows:
Smith, Md.
§1
-iggs
Bryan
Chilton
Culberson
Dillingham
Dixon
du Pont
Pall
Gamble
Gardner
Gore
Guggenheim
Jackson
Johnson, Me.
Johnston, Ala.
Johnston, Tex.
Lea
Lippitt
McCumber
McLean
Massey
Myers
Nelson
Newlands
Oliver
Overman
Penrose
Percy
I’erkins
Richardson
Smith, Mich.
Smith, S. C.
Stephenson
AVatson
AVilliams
A rorks
A
B is m a r c k , N. D a k ., J a n u a ry 10, 1913.
Senator A. J. G ronna ,
W sh gton D C
a in , . .:
eeting of National Guard Association of North Dakota, assembled at
Bismarck, composed of delegates from tho guard ol’ entire State,
unanimously indorse the Federal pay bill, "and respectfully, request your
earnest support to bring it to passage this session.
Lieut. T heodore S. H enry ,
C o m m ittee.
1396
CONGRESSIONAL EEC
Mr. PERKINS presented a memorial of members of the
German-American Alliance of Los Apgeles, Cal., remonstrating
against the passage of the so-called Kenyon-Shegjfeird inter
state liquor bill, which was ordered to lie on the table.
He also presented a memorial of the Chamben-’of Commerce
of Santa\Ana, Cal., remonstrating against the induction of the
duty on Vigar, which was referred to the Committee on
Finance
Mr. NELSON presented a memorial of members of the Com
mercial CiubVf Moorhead, Minn., remonstrating against grant
ing the control of the national forests to the several States,
which was r e tir e d to the Committeemen Forest Reservations
and the Protection of Game.
lie also presented a resolution adopted by members of the
Winona County Mwical Society, of Winona, Minn., approving
the work of the Pos^gflic-e Department in diminishing the wide
spread evil of crimimil abortion, which was referred to the
Committee on Public Hkaltli and National Quarantine.
Mr. BRANDEGEE pre%ntedf:rcsolutions adopted by the Court
of Common Council of N<% jSondon, Conn., favoring the repeal
of the act of August 24, 19^2, relative to appointment of cadets
or cadet engineers in the Revenue-Cutter Service, which were
referred to the Committee on\ppropriations.
KErORTS or^-COJIMITTfc: ON PUBLIC LANDS.
Mr. JONES, from the Committee on Public Lands, to which
was referred the bill (S. 7785) confirming titles to Deborah A.
Griffin and Mary F. Griffin, and for^ther purposes, reported it
with amendmentslaid submitted a reW>rt (No. 1096) thereon.
Mr. SMOOT, from the Committee onCPublic Lands, to which
were referred the following bills, reported them severally with
out amendment and submitted reports tl
H. It. 25515y An act for the relief of J%hua H. Hutchinson
(Iiept. No. 1098) ;
H. R, 2243‘r. An act for the relief of the %>irs of Anna M.
Toreson. deceased (Rept. No. 1099) ; and
S. 7294.; A bill to amend sections 2380 and 2381* Revised Stat
utes of the United States (Rept. No. 1100).
NATIONAL AERODYNAMICAL LABORATORY. ’
Mr. REED. On the 9th instant I introduced a% ill, being
Senate bill S053, to authorize the creation of a temporary com
mission to investigate and make recommendation as to the
necessity or desirability of establishing a national aerodynami
cal laboratory^nd prescribing the duties of said commission,
and providinjfior the expenses thereof. The bill is somewhat
of an emeyjpicy matter, and I am informed that it was rewrong committee. I ask unanimous consent that
:e on Naval Affairs be discharged from the further
of the bill and that it be referred to the Comn Appropriations.
PRESIDING OFFICER. Without objection it is so
CIIOCTAW AND CHICKASAW INDIAN LANDS.
Mr. OWEN. From the Committee on Indian Affairs I make
a unanimous report in favor of Senate joint resolution No. 149,
extending the time for the survey, classification, and appraise
ment of the surface of the segregated coal and asphalt lands of
the Choctaw and Chickasaw Nations in Oklahoma, and I sub
mit a report (No. 1097) thereon. This measure was drawn by
the Interior Department, and for the reasons explained in the
letter of the Secretary of the Interior the committee has made
a unanimous report in favor of it. It extends the time within
which appraisement can be made, and it is necessary, because
the time within which it could be made under a previous statute
has expired. It is an important matter locally, will take only a
few minutes, and give rise to no debate. I ask unanimous con
sent for its present consideration.
The PRESIDING OFFICER. Is there objection to the pres
ent consideration of the joint resolution?
Mr. SMOOT. Let it be read.
The PRESIDING OFFICER. It will be read.
The Secretary read the joint resolution; and there being no
objection, the Senate, as in Committee of the Whole, proceeded
to its consideration.
The joint resolution was reported to the Senate without
amendment, ordered to be engrossed for a third reading, read
the third time, and passed.
BILLS INTRODUCED.
^
Bills wqre introduced, read the first time, and, by unanimous
consent, tlnMsecpnd time, and referred as follows
By Mr. WAR]
A bill (S. S074) gtnuting an increase of pension to Esther
B. Shultz (with accompanying paper) ; to the Committee on
Pensions.
'
SENATE.
January
u
(S. S075) for the relief of Charles B. Boyce; to tp
5uimittee on Claims.
By Mr. OW EN:
A bill (S. 8076) to authorize the Choctaw and Chickasaw
Nations to bring suit in the Court of Claims, and for other
purposes; to the Committee on Indian Affairs.
USy Mr. CLAPP (for Mr. G a m b l e ) :
A bill (S. S077) for the relief o f tfie* Turtle Mountain Chit£
pesvfc Indians, and for other purposes; to the Committee
Indiflp Affairs.
A H
K1 (S. 8078) granting an increase of pension to Marcellus \ Kent (with accompanying papers) ; to the Committee
on Pen sit ns.
By M rVlRONNA;
A bill I s . S079) authorizing the Secretary of War; in his
discretion,%> deliver to the city of Grand Forks, in the State;
of North Dakota, one condemned cannon, with its carriage aim
outfit of cann&n balls; and
A bill (S. Sl^O) authorizing the Secretary of War, in his dis
cretion, to deliver to the city of Dakota, in the State of North
Dakota, one condemned cannon, with its carriage and outfit of
cannon balls; toiflie Committee on Military Affairs.
A bill (S. SOSjt) granting an increase of pension to Mary
J. Swift (with accompanying papers) ; to the Committee oil
Pensions.
AMENDMENTS TO APPROPRIATION BILLS.
Mr. PERKINS submitted an amendment proposing to appro,
priate $40,751 for tlieAupport and education of 125 Indian pupilg
at the Fort Bidwell Indian School, Fort Bidwell, Cal., intended
to be proposed by him to the Indian appropriation bill, which
was referred to the Committee on Indian Affairs and ordered
to be printed.
tie also submitted an amendment proposing to appropriate
$56,500 for the support and education of 100 Indian pupils at
the Greenville Indian School, Greenville, Cal., etc., intended to
be proposed by him to the Indian appropriation bill, which was
referred to the Committee on Indian Affairs and ordered to bo
printed.
Mr. JONES submitted an amendment proposing to appropriate
$150,000 for the improvement of roads in the Mount Rainier
National Park, etc., intended to be proposed by him to the
sundry civil appropriation bill, which was referred to the Com
mittee on Appropriations and ordered to be printed.
He also submitted an amendment proposing to appropriate
$25,000 for a survey for the extension of the present road
from its present terminus east to the eastern boundary line of
the forest reserve surrounding Mhe Mount Rainier National
Park, 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 authorizing the Secretary
of the Treasury to pay the award of $1,900 made by the Secre
tary of the Interior December 31, 1912, pursuant to the author
ity contained in the act approved July 6, 1912, etc., intended to
be proposed by him to the Indian appropriation bill, which was
ordered to be printed and, with the' accompanying paper, re
ferred to the Committee on Indian Affairs.
Mr. ASHUItST submitted an amendment proposing to ap
propriate $25,000 for the construction of a bridge across the
Colorado River from School Hill, on the Yuma Indian Reserva
tion, Cal., to Penitentiary Hill, in the tdwn of Yuma, Ariz., etc.
intended to be proposed by him to the Lilian appropriation bill
which was referred to the Committee %n Indian Affairs and
ordered to be printed.
He also submitted an amendment proposing to appropriate
$200,000 for surveying the land within theiSan Carlos or White
Mountain, Fort Apache, and Mescalero A p a c h e Indian Reser
vations in Arizona and New Mexico, etc., itended to be proposed by him to the Indian appropriation ^11, which was referred to the Committee on Indian Affairs ld ordered to be
printed.
Mr. WILLIAMS submitted an amendment jVoposing to ap
propriate $5,000 for continuing the improvement of the Yazoo
River, Miss., etc., intended to be proposed by h i t to the river
apd harbor appropriation bill, which was referrec\to the Corurnhfce on Commerce and ordered to be printed.
jF
EULOGIES ON THE LATE VICE PRESIDENT.
Mr. ROOT submitted the following resolution (S. I^ > 426),
W.
which was read, considered by unanimous consent, and agiS^ed to •
R eso lv ed , That the Committee on Rules be, and it is. dirccnWl to
report to the Senate an order for suitable ceremonies in the Senate in
honor of the memory of the late Vice President of the United Start
Jam es S. S h er m a n .
_______________
1913.
CONGRESSIONAL RECORD— SENATE,
Mr. LOt)GE. Four.
Mr. CK»WFORD. One approved by President Harrison;
one by Precedent McKinley—possibly two by President McKin
ley—and o A by President Roosevelt; I am not sure; possibly
three or fou\ 'They came before Congress as items in general
nppropriationmhlls of some sort, and were not presented as inde
pendent proportions resting alone and discussed alone.
Before that\im e there had been bills presented for their
allowance whicl\were vetoed. President Cleveland vetoed one
of these bills, a id he placed his objection largely upon the
ground that the S i m s contained what he thought were exces
sive amounts whiclmthey asked to be reimbursed on account of
what they had paickas insurance premiums for insurance to
cover this property a S profits in the nature of freight earnings.
Now, we had the same question up two years ago in an omni
bus claims bill, and it V a s discussed for several weeks in the
Senate. The bill containing the French spoliation claims passed
the Senate and went to tie House, and there it was defeated.
The entire bill was defeaml on account of the very decided
hostility to the items in Ikat bill appropriating money for
French spoliation claims. M ron the subject of presenting the
present bill, which passed the l(k>use without the French spolia
tion claims in it, came up b e fo X th e Committee on Claims the
whole question was discussed whither or not the French spolia
tion claims should be incorporatecftLn this bill.
As is well known, upon the geiX^al principle of obligation
to satisfy these claims my own judgment was in recognition of
the principle of payment. But I wassnnly one member of the
committee. The hostility to the claim ! on the question of in
corporating them into the bill which p l^ e d the House was so
marked and so decided that it looked lilX u tter failure for the
whole bill from the beginning if what areVnown as the French
spoliation claims were incorporated in it. X ie matter was sub
mitted to the committee, and after very calmful consideration
and on account of the situation—the sharp difference of opinion,
the positive, agressive opposition to these clai\s—the majority
of the committee decided that it was inexpediei\ and unwise to
attempt to incorporate those claims as an ainencmaent upon tb
House bill. I am trying in good faith to execu X the instr
tions which I received from this committee.
X
j
Now, as to the merits of the case, speaking particular]# in
regard to the amendment which I have proposed to t^e amend
ment offered by the Senator from Massachusetts, I w iX 4 o say
th is: It is undoubtedly true that in conventions and uaakr pre
vious adjudications that have occurred, items such/asXhese
claims for freight earnings and insurance premium§Fliave\een
allowed. I do not think, however, that the situations are
actly similar, because in most of those instances^e were de;
ing directly with a foreign nation and it was a matter of settl
nient and adjustment between the Government of the United
States and a foreign power direct; and in ot^fe of the instances
which the Senator from Massachusetts presented the other
day, as he said, a lump sum was paid ovei?4o the United States
much in excess of the amount of these individual claims, and
the Government had this fund at its disposal and it was quite
hberal in paying out to the claimants /m d reimbursing them for
items such as insurance premiums, A o matter how large, and
Height earnings, and things of thaj/kind.
I do not believe that there hasioeen established any binding
Precedent which in any way tiesrthe hands of the Congress of
the United States in the matter of simply doing what it may
decide is fair and reasonably justice in this particular case,
fhese findings that come her# from the Court of Claims are not
lodgments. The cases were sent over there for them to report'
findings simply for the advisory use that might be made of
them by the Congress of/the United States. That is all. They
are findings which coin# to us in an advisory way.
So, while I recognj£e from my standpoint that a great many
' ei'y just claims acb here, can it be said because we have this
finding we must in honor pay these claims? Let me call atten
tion to the case of the brig Sally, John V. Villett, master. Here
*vas a brig engaged in the slave trade. She purchased a cargo
°f slaves on the Gold Coast. Her master purchased a cargo
ot slaves and set sail for Savannah, Ga., intending to stop at St.
Thomas, West Indies, for supplies. On March 6, 1797, she was
seized by a French privateer and taken to Guadeloupe, where both
'essel and cargo were condemned by a French prize tribunal
a^d became a total loss to the owner. The governor o f this
island took possession of these slaves, 167 of them, and put them
t0 work on government plantations there.
How, here more than 100 years after, in the twentieth century,
tve ore asked to pay descendants for their loss on freight earnfugs on 167 negroes—to reimburse them the freight earnings for
the loss, because they were seized by the government of those
islands in the West Indies. Is there any moral obligation, is
1437
there any obligation whatever, resting upon us of >6 is time to
pay the descendants of that old slaver for what w?fs lost on the
freight on human beings from the west coast of#Cfrica?
Mr. LODGE. That slave case is becoming amte familiar, but
JT
is that-----The PRESIDING OFFICER. Does thq#Senator from South
Dakota yield to the Senator from 7 assasfiusetts?
Mr. CRAWFORD. I do.
f
Mr. LODGE. But does that apply,#) many cases?
Mr. CRAWFORD. Oh, no.
>
Mr. LODGE. The Senator knoyf, as I said to him the other
day, that the Senator from Massachusetts does not advocate
any such claim.
Mr. CRAWFORD. I understand that very well.
Here is another man who lfod a cargo o f freight, and he paid
30 per cent premium for insurance on it. It was on its way to
the West Indies, and wasJfeiaed by a privateer. The cargo and
the vessel were taken. Jrhrough some adjustment with the in
surance company he apt back every dollar of his loss. They
paid him for the merchandise. They paid him for the vessel
itself.
Now, if that w ajfa transaction with the insurance company,
he could not m a jl them pay back the premium he had paid
for his protection could he? No; that is what he paid for his
protection, anciyjte got his loss absolutely repaid. But a hundred
years later hjjf children or his grandchildren want us to pay
back that premium of 30 per cent.
I do noj^’care anything about the Geneva award or some
conventicm'between this country and Spain or any other foreign
power. T say as a matter of simple justice between the United
States pnd its own citizens, are we obliged, in order to do jus
tice, re p a y the grandchildren of those losers of insurance pre
miums? Here is a company of underwriters that took 60 per
cenifpremium for insuring this property, and when the loss oc
curred they paid the loss. My amendment would allow the
imants to be repaid the amount they paid in insurance, but
ot allow them to retain the enormous premium of 60 per cent
that they exacted at the time they insured the property.
I thought under the circumstances it was no more than fair
to at least submit this amendment of mine, which seeks to cut
out freight earnings and insurance premiums, and confine the
losses to actual property losses—I thought it was no more than
fair to the Senate to segregate those items and give the Senate
an opportunity to say whether or not in its judgment the in
surance premiums and the prospective profits, or the freight
earnings should be included in the amofint that these people
should receive; and that is what the pending amendment pro
vides.
Mr. OWEN. Mr. President-----The PRESIDING OFFICER. Does the Senator from South
akota yield to the Senator from Oklahoma?
Mr. CRAWFORD. I do, but I desire to say again that if we
a e v e r to have a vote on this proposition we ought to have
it fX>n, because the appropriation bills are coming in and they
will Xave the right of way.
MrAOWEN. I wanted to ask how long these people have
waited X>r a settlement-----Mr. CImWFORD. That appears on the face of the record.
Mr. 01VT£N. I know, but how long-----Mr. CRANFORD. Since the early part of the last century;
and I am bomid to say they have been diligent. That is all I
care to say. Gan we not have a vote, Mr. President?
Mr. LODGE. iJJpon the matter of the precedents in Congress,
the Senator saidmhree. There are four, as I thought, and I
want to put them Buto the R ecord at a convenient point. Con
gress has heretofore^ by appropriation allowed the following
amounts:
March 3, 1891 (FiftJSfirst Congress), $1,304,095.37. The bill
was signed by President^JIarrison.
March 3, 1899 (Fifty-sixiJi Congress), $1,055,473.04. The bill
was signed by President McKinley.
May 27, 1902 (Fifty-sevent\Congrcss), $79S,631.27.
February 24, 1905 (Fifty-eighth Congress), $752,660.93.
Total, $3,910,860.61.
That makes four payments on\liese claims already made by
previous Congresses and made on the same basis as those now
presented; made on findings of the Court of Claims, which dif
fers in no respects of which I am aware from the findings
here.
For that reason I object to the amendment of the Senator
from South Dakota. I f the claims are. to be paid, this amend
ment differentiates this vast group from all the others that have
gene before.
Now, Mr. President, there is one case of a slaver that I think
should be omitted. I do not believe, even if it is technically
correct, that wT need pay old claims for the transportation of
e
138
CONGRESSIONAL BECOKD— SENATE.
slaves. But, Mr. President, tliat' is but one case. The total
amount is not large, and it is only one case among a great many.
I desire to say just a word in regard to that matter of premiums.
It is not possible for me to say it now, although I shall not take
three minutes. But I want to say a word about the question of
premiums which the Senator from South Dakota raised, and I
hope the Senator will allow the bill to go over, as we only have
two minutes now before the impeachment case comes up.
Mr. CRAWFORD. I am A r y anxious to get a vote on the
re
bill.
Mr. LODGE. The Senator must see it is impossible to get a
■vote now.
IMPEACHMENT OF ROBERT W. ARCHBALD.
The PRESIDENT pro tempore (Mr. B acon ) having an
nounced that the time had arrived for the consideration of the
articles of impeachment against Robert W. Archbald, Mr. Worth
ington, Mr. Robert W. Arclibald, jr., and Mr. Martin, of counsel
for the respondent, appeared.
The managers on the part of the House of Representatives
appeared in the seats provided for them.
The Sergeant at Arms made the usual proclamation.
The PRESIDENT pro tempore. The Secretary will read the
Journal of the last session of the Senate sitting for the con
sideration of the articles of impeachment.
The Journal of the Senate sitting as a Court of Impeachment
on Saturday last was read.
The PRESIDENT pro tempore. Are there any inaccuracies
in the Journal? If not, it will stand approved.
Mr. ROOT. Mr. President, I offer an order which I have
handed to the Secretary.
The PRESIDENT pro tempore. The Senator from New York
proposes the following order, which will be read to the Senate.
The Secretary read as follows:
Ordered, That upon the final vote in the pending impeachment the
Secretary shall read the articles of impeachment successively, and
when the reading of each article is concluded the Presiding Officer
shall state the question thereon as follow s:
“ Senators, how say you ? Is the respondent, Robert W . Archbald,
guilty or not guilty as charged in this article ? ”
Thereupon the roll of the Senate shall be called and each Senator,
as his name is called, shall arise in his place and answer “ guilty ” or
“ not guilty.”
The PRESIDENT pro tempore. The question is on the adop
tion of the order. [Putting the question.] The ayes have it,
and the order is unanimously adopted. The Secretary will read
the first article of impeachment.
Mr. KERN. Mr. President, if I may do so properly, I desire
at this time to ask to be excused from voting upon the articles
of impeachment. I was unavoidably detained from the Senate
until the adjournment for the Christmas holidays, so that I
did not see or hear the witnesses who were examined up to that
time. While I have read the testimony and statement of counsel
and heard the arguments, I do not feel that I can vote without
at least taking the judgment of the Senate upon the question as
to whether I may properly do so.
The PRESIDENT pro tempore. The Senator from Indiana
asks that the Senate will excuse him from voting upon the ar
ticles of impeachment for the reason he has stated. Is there
objection? The Chair hears none, and the Senator from Indiana
is excused.
Mr. DILLINGHAM. Mr. President, owing to a protracted
illness I was detained at my home in Vermont throughout the
entire month of December. I heard none of the testimony that
was offered in support of the articles of impeachment, nor have
I been able by reason of other engagements to read the same
since that time. I count myself as entirely disqualified to pass
upon any question involved here to-day. For this reason I ask
to be excused from voting on any one of the articles of im
peachment.
The PRESIDENT pro tempore. The Senator from Vermont
asks that he be excused from voting on the articles of impeach
ment for the reason he has stated. Is there objection? The
Chair hears none, and the Senator stands excused.
Mr. BRADLEY. Mr. President, during the session up to the
holiday adjournment I was, unfortunately, ill and not able to
be here. I have not had time since I came back to read the
testimony with that care with which I think it ought to be read,
and I ask the Senate to excuse me from voting.
The PRESIDENT pro tempore. The Senator from Kentucky
asks to be excused from voting on the articles of impeachment
for the reason he has stated. Is there objection? The Chair
hears none, and the Senator stands excused.
The Chair will state that two other Senators have previously
had practically the consent of the Senate to be excused from
voting, the Senator from Arkansas [Mr. H e is k e l l ] and the
Senator from Texas [Mr. J o h n s t o n ], both of whom came into
the Senate near the close of the impeachment proceedings.
January 13
Mr. CLARKE of Arkansas. Mr. President, I believe I
ask the Senate to excuse me from voting on the counts whioi
involve incriminating facts alleged to have occurred during tl
term of the respondent as United States district judge. I
not had sufficient time to convince my own mind that I 0llJ e
to vote on those counts. I feel definitely well advised as c
what I shall do with reference to the matters which transph- i
while he was judge of the Commerce Court. I think it •
proper at this time to ask to be excused from voting on tin/ 8
counts which relate to the conduct of the respondent as j U
(]
of the district court, and I prefer that request now.
The PRESIDENT pro tempore. The Senator from Arkans
asks that the Senate excuse him from voting upon the a rtic/S
indicated by him for the reason he has stated. Is there obi 68
tion? The Chair hears none, and it is so ordered.
Mr. TILLMAN. Mr. President, as is known to Senators
have been unable to attend the sessions o f the Senate as r
should like to have done. I am not prepared to vote on*an
article but the first one, and I ask to be excused from v0 ,
h
on all the rest.
The PRESIDENT pro tempore. The Senator from Soutl
Carolina asks that he be excused from voting upon all th
articles of impeachment save only the first one, for the reaso°
stated by him. Is there objection? The Chair hears none, anl
the Senator from South Carolina is excused as requested. ’
U
Mr. JACKSON. Mr. President, owing to the fact that I cam
into the Senate very recently and have been very busy vrif]°
the details of my office, having heard practically none of t l /
evidence or arguments in the case, I should like to be excused
from voting.
^
The PRESIDENT pro tempore. The Senator from M arylani
asks that he may be excused from voting upon the articles of
impeachment, for the reason which he has stated. Is j w
objection? The Chair hears none, and the Senator stands <./
cused.
The Secretary will proceed to read the first article.
The Secretary read as follow s:
ARTICLE 1.
That the said Robert W . Archbald, at Scranton, in (he State of Penn
sylvania, being a United States circuit judge, and, having been dult
designated as one of the judges of the United States Commerce Court
and being then and there a judge of the said court, on March 31, 1 9 1
entered into an agreement with one Edward J. W illiam s whereby thd
said Robert W . Arclibald and the said Edward J. Williams agreed tn
become partners, in the purchase of a certain culm dump, commonlv
known as the Katydid culm dump, near Moosic, Pa., owned by ( A
Hillside Coal & Iron Co., a corporation, and one John M. Robertsoii
for the purpose of disposing of said property at a profit. That pur’
suant to sard agreement, and in furtherance thereof, the said Robert
W . Arclibald, on the 31st day of March, 19.11, and at divers othe,.
times and at different places, did undertake by correspondence, by pP
rl
sonal conferences, and otherwise, to induce and influence, and did in
duce and influence, the officers of the said Hillside Coal & Iron Co ana
of the Erie Railroad Co., a corporation, which owned all of the stori
of said coal company, to enter into an agreement with the said Rohe,.^
W. Arclibald and the said Edward J. Williams to sell the interest r,r
the said Hillside Coal & Iron Co. in the Katydid culm dump for a ocn
sideration of $4,500. That during the period covering the sevoroi
negotiations and transactions leading up to the aforesaid agreenioni
the said Robert W . Archbald was a judge of the United States Com
merce Court, duly designated and acting as such jud ge: and at (he timo
aforesaid and during the time the aforesaid negotiations were in
progress the said Erie Railroad Co. was a common carrier engaged in
interstate commerce and was a party litigant in certain suits, to wit
the Baltimore & Ohio Railroad Co. et ah v. The Interstate Commerod
Commission, No. 38, and the Baltimore & Ohio Railroad Co. et al r
The Interstate Commerce Commission, No. 39, then pending in in'
United States Commerce C ou rt; and the said Robert W . Arclibald
judge as aforesaid, well knowing these facts, willfully, unlawfully and
corruptly took advantage of his official position as such judge to Induco
and influence the officials of the said Erie Railroad Co. and the said
Hillside Coal & Iron Co., a subsidiary corporation thereof, to enter
into a contract with him and the said Edward .T. Williams, as afore
said, for profit to themselves, and that the said Robert W . Archbald
then and there, through the influence exerted by reason of his position
as such judge, willfully, unlawfully, and corruptly did induce the
officers of said Erie Railroad Co. and of the said Hillside Coal & iv0n
Co. to enter into said contract for the consideration aforesaid.
u
Wherefore the said Robert W . Archbakl was and is guilty of mis
behavior as such judge and of a high crime and misdemeanor in office! S
'
The PRESIDENT pro tempore. Before putting the vote on
this article the Chair would request the Senate to excuse the
present occupant of the Chair from voting for reasons which
will readily occur to Senators, and which attach to him as the
Presiding Officer during the trial, except in the case of an
article where his vote may affect the result. Is there objec
tion? The Chair hears none, and the Chair will exercise that
privilege, with the permission of the Senate.
The Chair now submits article 1 to the judgment of the
Senate.
Senators, how say you? Is the respondent, Robert W . Arch
bald, guilty or not guilty as charged in this article? The Secre
tary will call the roll of the Senate for the separate response
of each Senator.
The Secretary called the roll.
CONGRESSIONAL RECORD— SENATE.
1913.
Mr. SIMMONS.
I desire to announce that my colleague [Mr.
Overman] is absent on account o f illness.
Mr. BANKHEAD. I wish to announce that my colleague
[Mr. Johnston of Alabama] is absent on account of illness.
Sir. KERN. I desire again to announce the absence of the
Senator from South Carolina [Sir. S m ith ] on account of illness
and of death in his family.
Sir. MARTINE of New Jersey. I desire to state that my col
league [Sir. B riggs] is also absent on account of illness.
Mr. WILLIASIS. I wish to announce that my colleague [Sir.
P ercy ] is necessarily detained from the city.
Sir. JOHNSON of Slaine. I desire to announce that my col
league [Sir. Gardner] is necessarily detained from the Chamber.
Sir. O'GORSIAN. I desire to announce that the Senator from
West Virginia [Mr. Chilton] is absent owing to illness in his
family.
Sir. SANDERS. I wish to announce that my colleague [Sir.
L ea] is unavoidably absent from the city.
Sir. CATRON. I desire to state that my colleague [Sir. Fall]
is absent on business of the Senate.
Sir. TOWNSEND. I received a telegram from my colleague
[Sir. Smith of Slichigan], dated New Orleans, Saturday, stat
ing that he was there on the Mexican investigation and. could
not therefore be present -in the Semite^at this time.
Sir. SMOOT. I desire to state that the-isjuior Senator from
Nevada [Sir. SI a sse y ] is out of the city.
The PRESIDENT pro tempore. The Secretary
recapitu
late the responses of Senators.
The Secretary recapitulated, the vote, which was as fo
Ashurst
Bankhead
Borah
Bourne
Brandegee
Bristow
Brown
Bryan
Burton
Chamberlain
Clapp
Clark. Wvo.
Clarke,
Crane
Crawford
Culberson
Cullom
Ark.
Burnham
Catron
Bacon
Bradley
Briggs
Chilton
)illingham
ill
GUILTY— 6 8 .
Cummins
McLean
Curtis
Martin, Va.
Dixon
Marline, N. J,
du Pont
Myers
Fletcher
Nelson
Foster
Newlands
Gallinger
O’Gormau
Gore
Owen
Gronna
Page
Hitchcock
Perkins
Johnson, Me.
Perky
Jones
Poindexter
Kenyon
Pomerene
La Follette
Reed
Lippitt
Richardson
Lodge
Root
McCumber
Sanders
NOT GUILTY—5.
Taynter
Oliver
ABSENT OR NOT VOTING 21.
Gamble
Johnston, Tex.
Gardner
Guggenheim
Heiskell
Jackson
Johnston, Ala.
Shively
Simmons
Smith, Ariz.
Smith, Ga.
Smith, Md.
Smoot
Stephenson
Stone
Sutherland'
Swanson
Thornton'
Tillman
Townsend
Warren
Wetmore
Williams
Works
Penrose
Smith. M b
Smith,.S', t
Wat
1439
motion of the Senator from Georgia [Mr. S m it h ] to now close
the doors.
Mr. CLARKE of Arkansas. A parliamentary inquiry, Mr.
President. Could voting continue in secret session upon counts
or issues raised?
The PRESIDENT pro tempore. There can be no vote except
in open session.
Mr. POINDEXTER. Mr. President, I rise to a point of order.
Has the Chair just stated that the Senate could not vote upon
these articles in secret session?
The PRESIDENT pro tempore. It could not.
Mr. POINDEXTER. The Senate has, I believe, by unanimous
consent, fixed this hour for voting?
The PRESIDENT pro tempore. It has done so by order, not
by unanimous consent.
Mr. POINDEXTER. It was by order that the Senate met in
open session. My understanding was that there was a unani
mous-consent agreement that we should vote at 1 o'clock to-day.
S everal S enators . Question!
The PRESIDENT pro tempore. The question is on the mo
tion of the Senator from Georgia.
Mr. SMITH of Georgia. Mr. President, I understand that all
we could do in secret session would be to consider the question
as to whether it is worth while to go on with the vote on these
other charges, and it was only with a view of saving time in
that way, we having disposed of the matter by a vote on one
article, that I made the suggestion. If the Senate is willing, I
will withdraw the suggestion.
The PRESIDENT pro tempore. The Senator from Georgia
withdraws the motion. The Secretary will read the second
article of impeachment.
\ Mr. LODGE. Mr. President, I ask that there be order in the
Chamber and in the galleries during this proceeding, which is a
sotemn and very serious one, indeed. Those who are here by
theXcourtesy of the Senate, I think, while the articles are being
read and voted on, should maintain the strictest order.
Trie PRESIDENT pro tempore. The suggestion of the Sena
tor from Massachusetts is eminently proper. The Chair par
ticularly requests visitors not by any conversation or otherwise
to disturb the entire quietude and solemnity of these proceed
ings.
The Secretary will proceed with the reading of the second
.article.
The Secretary read as follow s:
ARTICLE 2.
That the said Robert W. Archbald, on the 1st day of August. 1911,
was a United States circuit judge, and, having been duiy designated as
one of the judges of the United States Commerce Court, was then and
there a judge of said court.
That at the time aforesaid the Marian Coal Co., a corporation, was
the owner of a certain culm bank at Taylor, Pa., and was then and
there engaged in the business of washing and shipping coal; that prior
to that time the said Marian Coal Co. had filed before the Interstate
Commerce Commission a complaint against the Delaware, Lackawanna &
Western Railroad Co. and five other railroad companies as defendants,
charging said defendants with discrimination in rates and with exces
sive charges for the transportation of coal shipped by the said Marian
Coal Co. over their respective lines of road; that all of the said defend
ant companies were common carriers engaged in interstate commerce.
That the decision of the said case by the Interstate Commerce Commis
sion at the instance of either party thereto was subject to a review,
under the law, by the United States Commerce Court; that one Chris
topher G. Boland and one William P. Boland were then the principal
stockholders of the said Marian Coal Co. and controlled the operation of
the same, and they, the said Christopher G. Boland and the said Wil
liam P. Roland, employed one George M. Watson as an attorney to
settle the case then pending as aforesaid in the Interstate Commerce
Commission and to sell to the Delaware, Lackawanna & Western Rail
road Co. two-tlurds of the stock of the said Marian Coal Co.; and at
the time aforesaid there was pending in the United States Commerce
Court a certain suit entitled “ The Baltimore & Ohio Railroad Co. et al.
v . The Interstate Commerce Commission, No. 38,” to which suit the
said Delaware, Lackawanna & Western Railroad Co. was a party liti
gant.
That the said Robert W. Archbald, being judge as aforesaid and well
knowing these facts, did then and there engage for a consideration to
assist the said George M. Watson to settle the aforesaid case then pend
ing before the Interstate Commerce Commission and to sell to the said
Delaware, Lackawanna & Western Railroad Co. the said two-thirds of
the stock of the said Marian Coal Co., and in pursuance of said engage
ment the said Robert W. Archbald, on or about the 10th day of August
1911, and at divers other times and at different places, did undertake!
by correspondence, by personal conferences, and otherwise to induce and
influence the officers of the Delaware, Lackawanna & Western Railroad
Co. to enter into an agreement with the said George M. Watson for the
settlement of the aforesaid case and the sale of said stock of the
Marian Coal Co.; and the said Robert W. Archbald thereby willfully,
unlawfully, and corruptly did use his influence as such judge in tlie
attempt to settle said case and to sell said stock of the said Marian
Coal Co. to the Delaware. Lackawanna & Western Railroad Co.
Wherefore the said Robert W. Arclibald was and is guilty of misbe
havior as such judge and of a high crime and misdemeanor in oflice.
ic PRESIDENT pro tempore. It appears from the responses
givenbsCsenators that 6S Senator-'have voted “ guilty ” and 5
Senatnrs>i>vA-.vofod “ HOt^grUTty.” More than two-thirds of
the Senators having voted “ guilty,” the Senate adjudges the
respondent, Robert W. Archbald, guilty as charged iu the first
article of impeachment.
The Secretary will now read the second article of impeach
ment.
The Secretary proceeded to read article 2.
Mr. SMITH of Georgia. I move that the Senate close the
doors and go into secret session.
The PRESIDENT pro tempore. The Senator from Georgia
moves that-----Mr. CULBERSON. Mr. President, a point of order. The
Senate has already decided to vote at this hour on the articles
of impeachment.
The PRESIDENT pro tempore. That is true, and in the ab
sence of any order to the contrary that order would undoubtedly
be carried out. It is, however, for the Senate to determine
'Whether it will at any time suspend that order. It is not a
matter of unanimous consent, but it is an order which can be
changed or not changed, as the Senate may see proper to do.
Mr. WORTHINGTON. Mr. President, before the question is
Put, I ask. if the motion be carried, whether it will result in
excluding counsel for the respondent from the Senate Chamber?
The PRESIDENT pro tempore. Yes; it would, while the
Senate was in secret deliberation, exclude everybody except
Senators and those who are privileged under such circum
stances.
Mr. WORTHINGTON. I trust that nothing will be done
The PRESIDENT pro tempore. Senators, how say you? Is
which will exclude counsel for the respondent while the vote is
the respondent, Robert W. Arclibald, guilty or not guilty as
being taken.
The PRESIDENT pro tempore. There will be no vote taken charged in this article? The Secretary will proceed to call the
secret session; there can not be. The question is on the roll of the Senate for the separate response of each Senator.
CONGRESSIONAL RECORD— SENATE
The Secretary proceeded to call tlie roll.
Mr. SMITH of Georgia (when his name was called). I ask
to be excused from voting, for I have not reached a conclusion
satisfactory to myself.
The PRESIDENT pro tempore. Is there objection to excus
ing the Senator from Georgia? The Chair hears none, and he
stands excused.
The roll call was concluded.
The PRESIDENT pro tempore. The Secretary will recapitu
late the vote.
The Secretary recapitulated the vote, which was as follows:
Asliurst
Bankhead
Borah
Bourne
Bristow
Brown
Bryan
Burton
Clapp
Clarke, Ark.
Crawford
Cullom
Brandegee
Burnham
Catron
Chamberlain
Clark, Wyo.
Crane
Culberson
Bacon
Bradley
Briggs
Chilton
Dillingham
Fall
GUILTY—46.
Martine, N. J.
Sanders
Cummins
Myers
Shively
Curtis
Nelson
Simmons
Dixon
Newlands
Smith, Ariz.
Fletcher
O’Gorman
Gronna
Smith, Md.
Owen
Johnson, Me.
Stone
Kenyon
Perkins
Sutherland
La Follette
Poindexter
Swanson
Lippitt
Pomerene
Williams
Lodge
Reed
Works
McLean
Richardson
Martin, Va.
Root
NOT GUILTY—25.
du Pont
Oliver
Thornton
Foster
Page
Townsend
Gallinger
Paynter
Warren
Gore
Penrose
Wetmore
Hitchcock
Perky
Jones
Smoot
Stephenson
McCumber
ABSENT OR NOT VOTING—23.
.Johnston, Tex. Smith, Ga.
Gamble
Gardner
Kern
Smith, Mich.
Guggenheim
Lea
Smith, S. C.
Tillman
Massey
Heiskell
Jackson
Overman
Watson
Johnston, Ala. Percy
The PRESIDENT pro tempore. On the call of the roll of the
Senate upon the question whether the respondent is guilty or
not guilty under the charge in this article, those voting guilty
number 4f> and those voting not guilty number 25. Forty-eight
would be the number necessary to make two-thirds. Less than
two-thirds having voted in favor of the guilt of the respondent,
the Senate adjudges that he is not guilty as charged in this
article.
The Secretary will proceed to read the third article of im
peachment.
The Secretary read as follow s:
ARTICLE 3.
That the said Robert W. Archbald, being a United States circuit judge
and a judge of the United States Commerce Court, on or about October
1, 1911, did secure from the Lehigh Valley Coal Co., a corporation,
which coal company was then and there owned by the Lehigh Valley
Railroad Co., a common carrier engaged in interstate commerce, and
which railroad company was at that time a party litigant in certain
suits then pending in the United States Commerce Court, to w it: The
Baltimore & Ohio Railroad Co. et al. v . Interstate Commerce Commis
sion et al., No. 38, and the Lehigh Valley Railroad Co. v . Interstate
Commerce Commission et al., No. 49, all of which was well known to
said Robert W. Archbald, an agreement which permitted said Robert
W. Archbald and his associates to lease a culm dump, known as Packer
No. 3, near Shenandoah, in the State of Pennsylvania, which said culm
dump contained a large amount of coal, to wit, 472,670 tons, and
which said culm dump the said Robert W. Archbald and his associates
agreed to operate and to ship the product of the same exclusively over
the lines of the Lehigh Valley Railroad Co. ; and that the said Robert
W. Archbald unlawfully and corruptly did use his official position and
influence as such judge to secure from the said coal company the said
agreement.
Wherefore the said Robert W. Archbald was and is guilty of misbe
havior as such judge and of a misdemeanor in such office.
Tlie PRESIDENT pro tempore. Senators, how say you? Is
the respondent, Robert W. Archbald, guilty or not guilty as
charged in this article? The Secretary will proceed to call
the roll of the Senate for the separate response of each Senator.
The Secretary proceeded to call the roll.
Mr. FOSTER (when his name was called). Mr. President, I
ask to be excused from voting on this article, as I have not been
able to reach a conclusion satisfactory to myself.
The PRESIDENT pro tempore. The Senator from Louisiana
asks to be excused from voting on this article for the reasons
stated by him. Is there objection? The Chair hears none, and
the Senator stands excused.
The roll call was concluded.
The PRESIDENT pro tempore. The Secretary will recapitu
late the responses of Senators.
The Secretary recapitulated the vote, which was as follow s:
Asliurst
Bankhead
Borah
Bourne
Bristow
Brown
Bryan
GUILTY—60.
Cummins
Burton
Chamberlain
Curtis
Clapp
Dixon
Clarke, Ark.
du Pont
Crawford
Fletcher
Gallinger
Culberson
Cullom
Gore
Gronna
Hitchcock
Johnson, Me.
.Tones
Kenyon
La Follette
Lippitt
Lodge
McCumber
McLean
Martin, Va.
Martine, N. J.
Myers
Nelson
Newlands
Brandegee
Burnham
Catron
Bacon
Bradley
Briggs
Chilton
Dillingham
Fall
Januaev 13
O'Gorman
Richardson
Owen
Root
Page
Sanders
Perkins
Shively
Perky
Simmons
Poindexter
Smith, Ariz.
Pomerene
Smith, Ga.
Reed
Smith, Md.
NOT GUILTY—11.
Paynter
Clark, Wyo.
Penrose
Crane
Smoot
Oliver
ABSENT OR NOT VOTING—23.
Johnston, Ala.
Foster
Johnston, Tex.
Gamble
Gardner
Kern
Guggenheim
Lea
Massey
Heiskell
Overman
Jackson
Stone
Sutherland
Swanson
Townsend
Warren
Wetmore
Williams
Works
Step ben son
Thornton
Percy
Smith, Mich
Smith, S. C
Tillman
Watson
The PRESIDENT pro tempore. Upon the call of the roll of
the Senate, G Senators have voted that the respondent is gulp
O
as charged in this article and 11 Senators have responded tint
he is not guilty as charged in this article. More than two-third
of the Senate having responded that he is guilty, the SenafS
adjudges that the respondent, Robert W. Archbald, is guilty ./i
charged in this article.
s
The Secretary will proceed to read the next article.
The Secretary read as follow s:
ARTICLE 4.
That the said Robert W. Archbald, while holding the office of Unini
States circuit judge and being a member of the United States Commor
Court, was and is guilty of gross and improper conduct, and was and •
guilty of a misdemeanor as said circuit judge and as a member of KatS
Commerce Court in manner and form as follows, to w it: Prior to .ri,
on the 4th day of April. 1911, there was pending in said United St-v
Commerce Court the suit of Louisville & Nashville Railroad Co v ti
Interstate Commerce Commission. Said suit was argued and submit* ?
to said United States Commerce Court on the 4th day of April
that afterwards, to wit, on the 22d day of August, 1911, while
suit was still pending in said court, and before the same had mr '3
decided, the said Robert W. Archbald, as a member of said TJnitnS
States Commerce Court, secretly, wrongfully, and unlawfully did writ
a letter to the attorney for the said Louisville & Nashville Railron*
Co. requesting said attorney to see one of the witnesses who had testfled in said suit on behalf of said company and to get his explanatb
and interpretation of certain testimony that the said witness
given in said suit, and communicate the same to the said Robert w
Archbald, which request was complied with by said attorney: i w
afterwards, to wit, on the 10th day of January, 1912, while saiu
suit was still pending, and before the same had been decided by sa}2
court, the said Robert W. Archbald, as judge of said court, secretly
wrongfully, and unlawfully again did write to the said attorney that
other members of said United States Commerce Court had discovered
evidence on file in said suit detrimental to the said railroad company
and contrary to the statements and contentions made by the said
attorney ; and the said Robert W. Archbald, judge of said United State"
Commerce Court as aforesaid, in said letter requested the said attorney
to make to him, the said Robert W. Arclibald, an explanation and an
answer thereto; and he, the said Robert W. Archbald, as a member
of said United States Commerce Court aforesaid, did then and there
request and solicit the said attorney for the said railroad company to
make and deliver to the said Robert W. Archbald a further argument in
support of the contentions of the said attorney so representing the snbi
railroad company, which request was complied with by said attorney
all of which on the part of said Robert W. Archbald was done secretly’
wrongfully, and unlawfully, and which was without the knowledge
or consent of the said Interstate Commerce Commission or its attorneys
Wherefore the said Robert W. Archbald was and is guilty of misbe
havior in office, and was and is guilty of a misdemeanor.
The PRESIDENT pro tempore. Senators, how say you? j s
the respondent, Robert W. Archbald, guilty or not guilty as
charged in this article? Tlie Secretary will proceed to call the
roll of the Senate for the separate response of each Senator.
The Secretary called the roll.
The PRESIDENT pro tempore. The Secretary will recapitu
late the responses of Senators.
The Secretary recapitulated the vote, which was as follows*
Asliurst
Bankhead
Borah
Bourne
Bristow
Brown
Bryan
Chamberlain
Clapp
Clarke, Ark.
Crawford
Culberson
Cummins
Brandegee
Burnham
Burton
Catron
Clark, Wyo.
Bacon
Bradley
Briggs
Chilton
Dillingham
Fall
GUILTY—52.
Martin, Va.
Curtis
Martine, N. J.
Dixon
Fletcher
Myers
Nelson
Foster
Newlands
Gore
O’Gorman
Gronna
Owen
Hitchcock
Page
Johnson, Me.
Perkins
Jones
Perky
Kenyon
Poindexter
La Follette
Lodge
Pomerene
Reed
McLean
NOT GUILTY—20.
McCumber
Crane
Oliver
Cullom
Paynter
du Pont
Penrose
Gallinger
Lippitt
Root
ABSENT OR NOT VOTING—22.
Gamble
Johnston, Tex.
Gardner
Kern
Guggenheim
Lea
Heiskell
Massey
Jackson
Overman
Johnston, Ala. Percy
Richardson
Sanders
Shively
Simmons
Smith, Ariz.
Smith, Ga.
Smith, Md.
Smoot
Stone
Thornton
Townsend
Williams
Works
Stephenson
Sutherland
Swanson
Warren
Wetmore
Smith, Mich.
Smith, S. C.
Tillman
Watson
CONGRESSIONAL RECORD— SENATE
1913.
The PRESIDENT pro tempore. Upon the call of the roll of
the Senate, 52 Senators have voted that the respondent is guilty
and 20 Senators have voted that he is not guilty. More than
two-tliirds having voted that he is guilty, the Senate decides
that Robert W. Archbald is guilty as charged in this article.
The Secretary will read the next article.
The Secretary read as follow s:
ARTICLE 5.
That in the year 1904 one Frederick Warnke, of Scranton, Pa., pur
chased a two-tliirds interest in a lease on certain coal lands owned by
the Philadelphia & Reading Coal & Iron Co., located near Lorberry
Junction, in said State, and put up a number of improvements thereon
and operated a culm dump located on said property for several years
thereafter; that operations wT carried on at a loss ; that said Fred
ere
erick Warnke thereupon applied to the Philadelphia & Reading_ Coal &
Iron Co. for the mining maps of the said land covered by the said lease,
and was informed that the lease under which he claimed had been for
feited two years before it was assigned to him, and his application for
said maps was therefore denied; that said Frederick Warnke then made
a proposition to George F. Baer, president of the Philadelphia & Read
ing Railroad Co. and president of the Philadelphia & Reading Coal &
Iron Co., to relinquish any claim that he might have in this property
under the said lease, provided that the Philadelphia & Reading Coal &
Iron Co. would give him an operating lease on what was known as the
Lincoln culm bank, located near Lorberry; that said George F. Baer
referred said proposition to one W. .7. Richards, vice president and
general manager of the Philadelphia & Reading Coal & Iron Co., for
consideration and action ; that the general policy of the said coal com
pany being adverse to the lease of any of its culm banks, the said
George F. Baer and the said W. J. Richards declined to make the lease,
and the said Frederick Warnke was so advised ; that the said Frederick
Warnke then made several attempts, through his attorneys and friends,
to have the said George F. Baer and the said W. J. Richards reconsider
their decision in the oremises, but without avail; that on or about No
vember 1, 1911, the said Frederick Warnke called upon Robert W. Arclibald, who was then and now is a United States circuit judge, havingbeen duly designated as one of the judges of the United States Com
merce Court, and asked him, the said Robert W. Archbald, to intercede
in his behalf with the said W. ,T. Richards; that on November 24, 1911,
the said Robert W. Archbald, judge as aforesaid, pursuant to said re
quest, did write a letter to the said W. J. Richards requesting an ap
pointment with the said W. .T. Richards; that several days thereafter
the said Robert W. Arclibald called at the office of the said W. J.
Richards to intercede for the said Frederick Warnke; that the said
W. J. Richards then and there informed the said Robert W. Archbakl
that the decision which he had given to the said Warnke must be con
sidered as final, and the said Archbald so informed the said Warnke;
that the entire capital stock of the Philadelphia & Reading Coal & Iron
Co. is owned by the Reading Co., which also owns the entire capital
stock of the Philadelphia & Reading Railroad Co., which last-named
company is a common carrier engaged in interstate business.
That the said Robert W. Archbald, judge as aforesaid, well knowing
all the aforesaid facts, did wrongfully attempt to use his influence as
such judge to aid and assist the said Frederick Warnke to secure an
operating lease of the said Lincoln culm dump, owned by the Phila
delphia & Reading Coal & Iron Co., as aforesaid, which lease the officials
of the said Philadelphia & Reading Coal & Iron Co. had theretofore
refused to grant, which said facUwas also well known to the said
Robert W. Archbald. W. Archbald, judge as aforesaid, shortly after
That the said Robert
the conclusion of his attempted negotiations with the officers of the
Philadelphia & Reading Railroad Co. and of the Philadelphia & Reading
Coal & Iron Co., aforesaid, in behalf of the said Frederick Warnke, and
on or about the 31st day of March, 1912, willfully, unlawfully, and
corruptly did accept, as a gift, reward, or present, from the said Fred
erick Warnke, tendered in consideration of favors shown him by said
judge in his efforts to secure a settlement and agreement with the said
railroad company and the said coal company, and for other favors
shown bv said judge to the said Frederick Warnke. a certain promissory
note for'$500 executed by the firm of Wgrnke & Co., of which the said
Frederick Warnke was a member.
Wherefore the said Robert W. Archbald was and is guilty of mis
behavior as a judge and high crimes and misdemeanors in office.
Bacon
Bradley
Briggs
Chilton
Dillingham
Fall
1441
ABSENT OR NOT VOTING—22.
Johnston, Tex. Smith. Mich.
Gamble
Gardner
Kern
Smith, S. C.
Guggenheim
Lea
Tillman
Massey
Watson
Heiskell
Overman
Jackson
Johnston, Ala. Percy
The PRESIDENT pro tempore. Upon the call of the Senate,
66 Senators have upon this article voted that the respondent is
guilty and 6 Senators have voted that he is not guilty. More than
two-thirds of the Senators having voted that the respondent is
guilty, the Senate has decided that he is ‘guilty as charged in
this article.
Mr. PAYNTER. Mr. President, I have been advised that
occupants of the galleries wish to retire, and I would suggest
that they be permitted to do so, even if not permitted to return.
The PRESIDENT pro tempore. Permission will be given as
suggested by the Senator from Kentucky for those who wish to
retire to do so in an orderly way without confusion.
Mr. CRAWFORD. Mr. President, we have been here for a
good while and we are not half through these article. The
occupants of the galleries may be restless, and some of us are
getting pretty hungry. I wish to suggest that we suspend the
calling of the roll for half an hour that we may get our lunch
and then come back again. I move that the Senate take a recess
until a quarter of 3 o’clock.
The PRESIDENT pro tempore. To what hour?
Mr. CRAWFORD. Until 15 minutes before 3.
Mr. CLARKE of Arkansas and others. Regular order!
The PRESIDENT pro tempore. The Senator from South Da
kota moves that the Senate take a recess until 2 o'clock and 45
minutes.
The motion was not agreed to.
The PRESIDENT pro tempore. The Secretary will proceed
to read the next article.
The Secretary read as follows:
ARTICLE 6.
That the said Robert W. Archbald, being a United States circuit judge
and a judge of the United States Commerce Court, on or about the 1st
day of December, 1911, did unlawfully, improperly, and corruptly at
tempt to use his influence as such judge with the Lehigh Valley Coal
Co. and the Lehigh Valley Railway Co. to induce the officers of said
companies to purchase a certain interest in a tract of coal land contain
ing 800 acres, which interest at said time belonged to certain persons
known as the Everhardt heirs.
Wherefore the said Robert W. Archbald was and is guilty of misbe
havior in office and was and is guilty of a misdemeanor.
The PRESIDENT pro tempore. Senators, how say you? Is
the respondent, Robert W. Archbald, guilty or not guilty as
charged in this article? The Secretary will proceed to call the
roll for the separate response of each Senator.
The Secretary proceeded to call the roll.
Mr. POINDEXTER (when his name was called). I ask to
be excused from voting on this article. I have not been able
to examine the evidence so as to reach a satisfactory conclusion
upon it.
The PRESIDENT pro tempore. The Senator from Washing
ton asks that he be excused, for the reason indicated by him,
from voting on this article. Is there objection? The Chair
hears none, and the Senator stands excused.
Mr. WILLIAMS (when his name was called). Upon this
The PRESIDENT pro tempore. Senators, how say you? Is article my mind is not clear and I have reached no satisfactory
the respondent, Robert W. Archbald, guilty or not guilty as conclusion. I ask to be excused from voting.
The PRESIDENT pro tempore. The Senator from Missis
charged in this article? The Secretary will proceed to call the
sippi asks to be excused from voting, for the reason assigned by
roll of the Senate for the separate response of each Senator.
him. Is there objection? The Chair hears none, and he stands
The Secretary called the roll.
The PRESIDENT pro tempore. The Secretary will recapitu excused.
The roll call was concluded.
late the responses of Senators.
The PRESIDENT pro tempore. The Secretary will reca
The Secretary read the recapitulation of the vote, which was
pitulate the responses of Senators.
as follow s:
The Secretary recapitulated the vote, which was as follows •
GUILTY— 6 6 .
Ashurst
Bankhead
Borah
Bourne
Brandegee
Bristow
Brown
Bryan
Burton
Chamberlain
Capp
Clarke, Ark.
Crane
Crawford
Culberson
Cullom
Cummins
Burnham
Catron
Martin, Va.
Curtis
Martine, N. J.
Dixon
Myers
du Font
Nelson
Fletcher
Newlands
Foster
O’Gorman
.Gal linger
Owen
Gore
Page
Gronna
Perkins
Hitchcock
Perky
Johnson, Me.
Poindexter
Jones
Pomerene
Kenyon
Reed
La Follette
Richardson
Lippitt
Root
Lodge
Sanders
McCumber
Shively
McLean
NOT GUILTY— 6 .
Paynter
Clark, Wyo.
Oliver
Simmons
Smith, Ariz.
Smith, Ga.
Smith, Md.
Smoot
Stephenson
Stone
Sutherland
Swanson
Thornton
Townsend
Warren
Wetmore
Williams
Works
renroso
Ashurst
Bankhead
Bourne
Brandegcc
Bristow
Brown
Borah
Bryan
Burnham
Catron
Chamberlain
Clark, Wyo.
Clarke, Ark.
Crane
Crawford
Culberson
Cullom
Cummins
GUILTY—24.
McCumber
Burton
McLean
Clapp
Martine, N.
Curtis
Myers
Jones
La Follette
Newlands
Lodge
O’Gorman
NOT GUILTY— 45.
Dixon
Nelson
du Pont
Oliver
Fletcher
Owen
Foster
Page
Gallinger
Paynter
Gore
Penrose
Gronna
Perkins
Hitchcock
Perky
Johnson, Me.
Pomerene
Reed „
Kenyon
Lippitt
Richardson
Martin, Va.
Sanders
Root
Smoot
Stone
Thornton
Townsend
Works
Shively
Simmons
Smith, Ariz.
Smith, Ga.
Smith, Md.
Sutherland
Swanson
Warren
Wetmore
I
CONGRESSIONAL RECORD— SENATE.
Bacon
Bradley
Briggs
Cliilton
Dillingham
Fall
Gamble
ABSENT OR NOT VOTING— 25.
Gardner
Lea
Guggenheim
Massey
Heiskell
Overman
Jackson
Percy
Johnston, Ala. Poindexter
Johnston, Tex. Smith, Mich.
Kern
Smith, S. C.
Stephenson
Tillman
Watson
Williams
The PRESIDENT pro tempore. Upon the call of the roll, 24
Senators have voted that the respondent is guilty under the
charges in this article and 45 Senators have voted that he is not
guilty. Less than two-thirds having voted in favor of his
guilt, the Senate adjudges that the respondent, Robert W. Arch
bald, is not guilty as charged in the article.
Mr. STONE. Articles 7, 8, 9, 10, 11, and 12 relate to charges
of misbehavior alleged against the respondent while he was
district judge. Some time ago he left that office, and he is not
now holding it. I therefore ask to be excused from voting on
those articles.
The PRESIDENT pro tempore. The Senator from Missouri
asks to be excused from voting on the articles named by him
for the reasons he has assigned.
Mr. KENYON. I inquire what are the reasons? We could
not hear the Senator.
The PRESIDENT pro tempore. The Senator from Missouri
will please restate his reasons.
Mr. STONE. I say, I have not reached a conclusion satis
factory to myself as to whether these alleged offenses could be
reached by impeachment. I therefore ask to be excused from
voting.
The PRESIDENT pro tempore. The Senator from Missouri
asks to be excused from voting upon the articles he has enumer
ated for the reasons assigned by him. Is there objection? The
Chair hears none, and the Senator stands excused.
Mr. SWANSON. Mr. President, I am similarly situated as
the Senator from Missouri [Mr. S tone ]. I have not been able
to reach a conclusion satisfactory to myself as to whether
charges specifying offenses prior to the appointment of the
respondent as a circuit judge can be tried under tiiis impeach
ment. Consequently I ask to be excused from voting on articles
7, 8, and 9.
The PRESIDENT pro tempore. The Senator from Virginia
asks to be excused from voting on the articles enumerated by
him for the reasons he has assigned. Is there objection? The
Chair hears none, and the Senator stands excused.
The Secretary will proceed to read the next article of im
peachment.
The Secretary read as follows:
ARTICLE 7.
That daring the months of October and November, A. D. 190S, there
was pending in the United States district court, in the city of Scranton,
State of Pennsylvania, over which court Robert W. Archbald was then
presiding as the duly appointed judge thereof, a suit or action at law,
wherein the Old Plymouth Coal Co. was plaintiff and the Equitable
Fire & Marine Insurance Co. was defendant. That the said coal com
pany was principally owned and entirely controlled by one W. W.
Rissinger, which fact was well known to said Robert W. Archbald;
that on or about November 1, 1908, and while said suit was pending,
the said Robert W. Archbald and the said W. W. Rissinger wrongfully
and corruptly agreed together to purchase stock in a gold-mining
scheme in Honduras, Central America, for the purpose of speculation
and profit; that in order to secure the money with which to purchase
said stock, the said Rissinger executed his promissory note in the sum
of $2,500, payable to Robert W. Archbald and Sophia J. Hutchison,
which said note wras indorsed then and there by the said Robert TV.
Arclibald, for the purpose of having same discounted for cash; that
one of the attorneys for said Rissinger in the trial of said suit was
one John T. Lenahan ; that on the 23d day of November, 1908, said
suit came on for trial before said Robert W. Archbald, judge presiding,
and a jury, and after the plaintiff’s evidence was presented the defend
ant insurance company demurred to the sufficiency of said evidence
and moved for a nonsuit, and, after extended argument by attorneys
for both plaintiff and defendant, the said Robert TV. Archbald ruled
against the defendant and in favor of the plaintiff, and thereupon the
defendant proceeded to introduce evidence, before the conclusion of
which the jury was dismissed and a consent judgment rendered in
favor of the plaintiff for $2,500, to be discharged upon the payment
of $2,129,63 if paid within lo days from November 23, 1908, and on the
same day judgments were entered in a number of other like suits against
different insurance companies, which resulted in the recovery of about
$28,000 by the Old Plymouth Coal Co.; that before the expiration of
said 15 days the said Rissinger, with the knowledge and consent of
said Robert TV. Archbald, presented said note to the said John T.
Lenahan for discount, which was refused, and which was later dis
counted by a bank and has never been paid.
All of which acts on the part of said Robert TV. Archbald were im
proper, unbecoming, and constituted misbehavior in his said office as
judge, and render him guilty of a misdemeanor.
The PRESIDENT pro tempore.
tor has that privilege.
J a n u a r y 13
Under the order, the Sena
Mr. BRYAN (when his name was called). I file a statement
of my views on this and succeeding articles down to and incluo
ing article 12. On this article I vote “ not guilty.”
Mr. CRAWFORD (when his name was called). I Vot
“ guilty,” and I desire to say-----The PRESIDENT pro tempore. The Senator is not permitted
under the rule to make any statement.
^
Mr. CRA'WFORD. I thought we could make a statement 0f
one minute.
The PRESIDENT pro tempore. No.
Mr. CRAWFORD. Very well. Then, I ask the privilege 0f
filing my reasons hereafter.
The PRESIDENT pro tempore. That privilege has already
been' granted.
Mr. FOSTER (when his name was called). I am going to
ask to be excused from voting on this article and the remainder
of the articles.
The PRESIDENT pro tempore. The Senator will limit big
present request to this article, as the roll is now being called on
that.
Mr. FOSTER. I have not been able to reach a conclusion
satisfactory to myself regarding this article.
The PRESIDENT pro tempore. The Senator from Louisiana
asks to be excused from voting upon this article for the reason
stated by him. Is there objection? The Chair hears none, and
the Senator stands excused.
Mr. SIMMONS. I vote “ not guilty,” but I desire to inquire
whether, under the order adopted by the Senate, I can file Uly
reasons hereafter?
The PRESIDENT pro tempore. There is an order to that
effect.
Mr. SMITH o f Georgia (when his name was called). 1 agk
to be excused from voting upon this article, as I have u0t
reached a conclusion as to whether these acts done prior to
the occupancy of the defendant o f a seat on the Commerce
Court can now be the subject of impeachment.
The PRESIDENT pro tempore. The Senator from Georgia
asks to be excused from voting upon this article for the reason
assigned by him. Is there objection? The Chair hears none,
and the Senator stands excused.
Mr. SMITH of Maryland (when his name was called). As J
am undecided in my own mind in regard to this article, I ask
to be excused from voting.
The PRESIDENT pro tempore. The Senator from Maryland
asks to be excused, for the reason assigned by him, from voting
upon this article. Is there objection? The Chair hears none,
and the Senator stands excused.
Mr. WORKS (when his name was. called). I vote “ not
guilty,” and, as provided for by the order of the Senate, I now
file my reasons for my vote.
The PRESIDENT pro tempore. The Secretary will recapitu
late the responses of Senators.
The Secretary recapitulated the vote, which was as follow s:
Ashurst
Bourne
Bristow
Brown
Clapp
Crawford
Culberson
Cummins
Bankhead
Borah
Brandcgce
Bryan
Burnham
Burton
Catron
Chamberlain
Clark, Wyo.
Bacon
Bradley
Briggs
Chilton
Clarke, Ark.
Dillingham
Fall
Foster
GUILTY—29.
Dixon
Marline, N. J.
Shively
Myers
Fletcher
Smith, Ariz.
Gore
O’Gorman
Thornton
Owen
Gronna
Wetmore
Perky
Jones
Williams
Kenyon
Poindexter
La Follette
Pomerene
Martin, Va.
Reed
NOT GUILTY—36.
McCumber
Crane
Richardson
Cullom
McLean
Root
Nelson
Curtis
Sanders
du Pont
Newlands
Simmons
Gallinger
Oliver
Smoot
Hitchcock
Page
Sutherland
Paynter
Johnson, Me.
Townsend
Penrose
Lippitt
Warren
Perkins
Lodge
Works
ABSENT AND NOT VOTING—-29.
Gamble
Lea
Stephenson
Gardner
Massey
Stone
Overman
Guggenheim
Swanson
Heiskell
Percy
Tillman
Jackson
Smith, Ga.
Watson
Johnston. Ala. Smith, Md.
Johnston, Tex. Smith, Mich.
Kern
Smith, S. C.
The PRESIDENT pro tempore. Senators, how say you? Is
the respondent, Robert W. Archbald, guilty or not guilty as
charged in this article? The Secretary will proceed with the
call of the roll of Senators for the separate response of each
The PRESIDENT pro tempore. On the call of the roll, 2D
Senator.
Senators have voted that the respondent is guilty as charged in
The Secretary proceeded to call the roll.
this article and 3G Senators have voted that the respondent is
Mr. BORAH (when his name was called). Upon this ar not guilty as charged in this article. Less than two-thirds hav
ticle I vote “ not guilty,” and I file, to be printed in the R ecord, ing voted in favor of guilt, the Senate has adjudged that the
my reasons for so doing.
respondent is not guilty as charged in this article.
1913.
COXGrEESSIOXAL BECOKD— SEX ATE
During the roll call the following statements were filed:
By Mr. B ORAH : In voting not guilty upon those counts
which charge misconduct at a time when said R. W. Archbald
was district judge, an office which he no longer holds, I do so
because of a doubt I entertain as to the law. I am not pre
pared to say we can not impeach a man for offenses or acts
committed while holding an office which he no longer holds.
But the legal proposition, to my mind, is involved in doubt.
Furthermore, if we had a clear and undoubted right as a legal
proposition to do so, I would hesitate to establish the precedent
except upon a peculiar and extraordinary necessity. I am not
willing under the circumstances of this case, the object of the
impeachment being fully accomplished, to establish that prece
dent. I prefer to leave it open until expediency demands that
the matter be definitely decided. I have not, therefore, under
taken to pass upon the facts supporting the counts, but de
termine the matter solely upon the doubt which I entertain as
to the law and as to the propriety of exercising the power, even
if we have it under such conditions as exist in this case.
By Mr. BRYAN: I am convinced that articles o f impeach
ment lie only for conduct during the term of office then being
filled, and that the “ good behavior ” required by the Constitu
tion relates to the future and not to the past; to what the
officer does after and not to what the citizen had done before
he is nominated and confirmed.
Both the President when he nominates and the Senate when
it advises and consents ought to be satisfied, it seems to me,
with the character and qualifications of the citizen.
The primary object of an impeachment is removal from
office, but this could not be attained if before that the office
became vacant.
Taking this view, I vote to acquit the respondent on articles
7, 8, 9, 10, 11, and 12.
Mr. SMITH of Georgia. Mr. President, I desire to ask to be
excused from voting on each of the other articles where they
involve acts prior to the respondent’s appointment to the Comnierce Court.
The PRESIDENT pro tempore. The Senator will please indi
cate the numbers of the articles.
Mr. SMITH of Georgia. They are the ones immediately fol
lowing down to article 13. I ask to be excused from voting for
the reason that I gave a few moments ago on the seventh
article.
The PRESIDENT pro tempore. The Senator from Georgia
asks to be excused from voting on the articles indicated by him
for the reason he has given. Is there objection? The Chair
hoars none, and the Senator stands excused.
Mr. NEWLANDS. Mr. President, I ask to be excused from
voting upon the same articles as those indicated by the Senator
from Georgia [Mr. S m i t h ] for the same reason.
The PRESIDENT pro tempore. The Senator from Nevada
asks to be excused from voting upon the articles indicated for
the reason assigned by him. "is there objection? The Chair
hears none, and the Senator stands excused.
Mr. FOSTER. Mr. President, I make a similar request.
The PRESIDENT pro tempore. The Senator from Louisiana
asks to be excused from voting upon the articles indicated for
the reason assigned by him. Is there objection? The Chair
hears none, and the Senator stands excused.
The Secretary will proceed to read the next article.
The Secretary read as follow s:
ARTICLE 8.
That during the summer and fall of the year 1909 there was pending
in the United States District Court for the Middle District of Penn
sylvania. in the city of Scranton, over which court the said Robert W.
Archbald was then and there presiding as the duly appointed judge
thereof, a civil action wherein the Marian Coal Co. was defendant,
which action involved a large sum of money, and which defendant coal
company was principally owned and controlled by one Christopher G.
Roland and one William P. Boland, all of which was well known to
said Robert W. Archbald ; and while said suit was so pending the said
Robert W. Archbald drew a note for $500 payable to himself, and which
note was signed bv one John Henry Jones and indorsed by the said
Robert W. Archbald, and then and there during the pendency of said
suit as aforesaid the said Robert W. Archbald wrongfully agreed and
consented that the said note should bepresented to the said Christopher
G. Boland and the said William P. Boland, or one of them, for the
Purpose of having the said note discounted, corruptly intending that
ms name on said note would coerce and induce the said Christopher G.
Boland and the said William P. Boland, or one of them, to discount
the same because of the said Robert W. Archbald’s position as judge
und because the said Bolands were at that time litigants in bis said
court.
.Wherefore the said Robert W. Archbald was and is guilty of gross
misconduct in his ofliee as judge, and was and is guilty of a misde
meanor in his said office as judge.
The PRESIDENT pro tempore. Senators, bow say you? Is
tJie respondent, Robert W. Archbald, guilty or not guilty as
charged in this article? The Secretary will proceed to call the
roll of the Senate for the separate response of each Senator.
The Secretary called the roll.
The PRESIDENT pro tempore. The Secretary will recapitu
late the vote.
The Secretary recapitulated the vote, which was as follow s:
Ashurst
Bourne
Bristow
Brown
Chamberlain
Clapp
Bankhead
Brandegee
Bryan
Burnham
Burton
Catron
Clark, Wyo.
Crane
Cullom
Cummins
Curtis
Bacon
Borah
Bradley
Briggs
Chilton
Clarke, Ark.
Dillingham
Fall
GUILTY—22.
Crawford
Martine, N. J.
Culberson
Myers
Dixon
O’Gorman
Gronna
Owen
Kenyon
Perky
La Follette
Poindexter
NOT GUILTY—42.
du Font
Nelson
Fletcher
Oliver
Gallinger
Page
Hitchcock
Paynter
Johnson, Me.
Penrose
Jones
Perkins
Lippi tt
Richardson
Lodge
Root
McCumber
Sanders
McLean
Shively
Martin, Va.
Simmons
ABSENT OR NOT VOTING—30.
Johnston, Tex.
Foster
Kern
Gamble
Lea
Gardner
Massey
Gore
Guggenheim
Newlands
Overman
Heiskell
Percy
Jackson
Johnston, Ala. Smith, Ga.
Pomerene
Reed
Smith, Ariz.
Williams
Smith. Md.
Smoot
Stephenson
Sutherland
Thornton
Townsend
Warren
Wetmore
Works
Smith, Mich.
Smith, S. C.
Stone
Swanson
Tillman
Watson
The PRESIDENT pro tempore. On the call of the roll of the
Senate, 22 Senators have voted that the respondent is guilty as
charged in this article and 42 Senators have voted that he is
not guilty as charged in this article. The Senate has therefore
adjudged that the respondent is not guilty as charged in this
article. The Secretary will proceed to read the next article.
The Secretary read as follow s:
ARTICLE 9.
That the said Robert W. Archbald, of the city of Scranton and State
of Pennsylvania, on or about November 1, 1909, being then and there
a United States district judge in and for the middle district of Penn
sylvania, in the city of Scranton and State aforesaid, did draw a note
in his own proper handwriting, payable to himself, in the sum of $500,
which said note was signed by one John Henry Jones, which said note
the said Robert W. Archbald indorsed for the purpose of securing the
sum of $500, and the said Robert W. Archbald, well knowing that bis
indorsement would not secure money in the usual commercial channels,
then and there wrongfully did permit the said John Henry Jones to
present said note for discount, at liis law office, to one C. H. Von Storch,
attorney at law and practitioner in said district court, which said Von
Storch, a short time prior thereto, was a party defendant in a suit in
the said district court presided over by the said Robert W. —rchbald,
which said suit was decided in favor of the said Von Storch upon a rul
ing by tlic said Robert W. Archbald ; and when the said note was pre
sented to the said Von Storch for discount, as aforesaid, the said Robert
W. Archbald wrongfully and improperly used his influence as such
judge to induce the said Von Storch to discount sam e: that the said
note was then and there discounted by the said Von Storch, and the
same has never been paid hut is still due and owing.
Wherefore the said Robert W. Archbald was and is guilty of gross
misconduct in Ills said office, and was and is guilty of a misdemeanor
in his said office as judge.
The PRESIDENT pro tempore. Senators, how say you? Is
the respondent, Robert W. Archbald, guilty or not guilty as
charged in this article? The Secretary will proceed to cali the
names of Senators for the separate response of each Senator.
The Secretary proceeded to call the roll.
Mr. BRANDEGEE (when his name was called). I vote “ not
guilty” on this article, and take this opportunity of filing Uly
reasons under the rule.
The PRESIDENT pro tempore. The views filed by the Sena
tor from Connecticut will be printed in the R ecord.
The roll call was concluded.
The PRESIDENT pro tempore. The Secretary will recapitu
late the responses of the Senators.
The Secretary recapitulated the vote, which was as follow s:
Ashurst
Bourne
Bristow
Brown
Chamberlain
Clapp
Bankhead
Brandegee
Bryan
Burnham
Burton
Catron
Clark, Wyo.
Crane
Cummins
Curtis
GUILTY—23.
La Follette
Crawford
Culberson
Martine, N. J.
Myers
Cullom
Dixon
O’Gormaii
Owen
Gronna
Perky
Kenyon
NOT GUILTY— 39.
du Pont
Nelson
Fletcher
Oliver
Pag 6
Gallinger
Johnson, Me.
Paynter
Jones
Penrose
Perkins
Lippitt
Richardson
Lodge
Root
McCumber
McLean
Sanders
Martin, Va.
Simmons
Poindexter
Pomerene
Reed
Shively
Smith, Ariz.
Smoot
Stephenson
Sutherland
Thornton
Townsend
Warren
Wetmore
Williams
Works
CONGRESSIONAL RECORD— SENATE.
Bacon
Borah
Bradley
Briggs
Chilton
Clarke, Ark.
Dillingham
Fall
ABSENT OR NOT VOTING—32.
Foster
Johnston, Ala.
Gamble
Johnston, Tex.
Gardner
Kern
Gore
Lea
Guggenheim
Massey
Ileiskell,
Newlands
Hitchcock
Overman
Jackson
Percy
Smith, Ga.
Smith, Md.
Smith, Mich.
Smith, S. C.
Stone
Swanson
Tillman
Watson
Tlie PRESIDENT pro tempore. On the call of the roll of
tlie Senate, 23 Senators have voted that the respondent is guilty
as charged in this article and 39 Senators have voted that he
is not guilty as charged in this article. The Senate therefore
has adjudged that the respondent is not guilty as charged in
this article.
During the calling of the roll the following statement was
filed:
Ry Mr. BRANPEGEE: I vote “ not guilty” on articles 7 to 12,
inclusive, because I do not think that impeachment will lie for
offenses alleged to have been committed by the respondent
while holding an office which he does not now hold and did not
hold at the time the articles of impeachment were adopted by
the House of Representatives.
The PRESIDENT pro tempore. The Secretary will proceed
to the next article.
The Secretary read as follows:
ARTICLE 10.
That the said Robert W. Archbald, while holding the office of United
States district judge in and for the middle district of the State of
Pennsylvania, on or about the 1st day of May, 1910, wrongfully and
unlawfully did accept and receive a large sum of money, the exact
amount of which is unknown to the House of Representatives, from
one Henry W. Cannon; that said money so given by the said Henry
W. Cannon and so unlawfully and wrongfully received and accepted by
the said Robert W. Archbald, judge as aforesaid, was for the purpose
of defraying the expenses of a pleasure trip of the said Robert W.
Archbald to Europe; that the said Henry W. Cannon, at the time of
the giving of said money and the receipt thereof by the said Robert W.
Archbald, was a stockholder and officer in various and divers interstate
railway corporations, to w it: A director in the Great Northern Rail
way ; a director in the Lake Erie & Western Railroad Co.; and a di
rector in the Fort Wayne, Cincinnati & Louisville Railroad Co.; that
the said Henry W. Cannon was president and chairman of the board of
directors of the Pacific Coast Co., a corporation which owned the entire
capital stock of the Columbia & Puget Sound Railroad Co., the Pacific
Coast Railway Co., the Pacific Coast Steamship Co., and various other
corporations engaged in the mining of coal and in the development of
agricultural and timber land in various parts of the United States;
that the acceptance by the said Robert W. Archbald, while holding said
office of United States district judge, of said favors from an officer and
official of the said corporations, any of which in the due course of
business was liable to be interested in litigation pending in the said
court over which be presided as such judge, was improper and had a
tendency to and did bring his said office of district judge into disrepute.
Wherefore the said Robert W. Archbald was and Is guilty of mis
behavior in office, and was and is guilty of a misdemeanor.
Tlie PRESIDENT pro tempore. Senators, how say you? Is
the respondent, Robert W. Archbald, guilty or not guilty as
charged in this article?
The Secretary will proceed to call the roll for the separate
response of each Senator.
The Secretary proceeded to call the roll.
Mr. REED (when his name was called). Availing myself of
the rule, I send to the Clerk's desk my reasons for the vote I
am about to cast. I vote “ not guilty.”
The roll call was concluded.
Mr. SWANSON. Mr. President, I asked to be excused from
voting on certain articles, but I am not quite sure just what
articles the request included. I have no desire to be excused
from voting on articles 10, 11 , 12, or 13.
Mr. S w an so n ’s name was thereupon called, and he voted
“ not guilty.”
The PRESIDENT pro tempore. The Secretary will recapitu
late the responses of Senators.
The Secretary recapitulated the vote, which was as follow s:
Bankhead
Bourne
Brandegee
Bristow
Brown
Bryan
Burnham
Burton
Catron
Chamherlain
Clapp
Clark, Wyo.
Crane
Crawford
Culberson
Cullom
Cummins
GUILTY—1.
Ashurst
NOT GUILTY—65.
Martino, N. J.
Curtis
Myers
Dixon
du Pont
Nelson
Fletcher
O’Gorman
Galliuger
Oliver
Owen
Gore
Page
Gronna
Pay liter
Hitchcock
Penrose
Johnson, Me.
Perkins
Jones
Kenyon
Perky
La Toilette
Poindexter
Pomerene
Lippitt
Lodge
Reed
McCumber
Richardson
McLean
Root
Martin, Va.
Sanders
Shively
Simmons
Smith, Ariz.
Smith, Md.
Smoot
Stephenson
Sutherland
Swanson
Thornton
Townsend
Warren
Wet more
Williams
Works
Bacon
Borah
Bradley
Briggs
Chilton
Clarke, Ark.
Dillingham
Fall
Foster
Gamble
Gardner
Guggenheim
Ileiskell
Jackson
January
Johnston, Ala.
Johnston, Tex.
Kern
Lea
Massey
Newlands
Overman
i
Percy
Smith, Ga
Smith, Mich
Smith, S. c
Stone
Tillman
Watson
The PRESIDENT pro tempore. Upon the call of the roll 0f
the Senate, 1 Senator has voted that the respondent is guilty
as charged in this article and 65 Senators have voted that th0
respondent is not guilty as charged in this article. The Senate
has therefore adjudged that the respondent is not guilty aa
charged in this article.
The reasons filed by Mr. R eed for his vote on the roll call
are as follows:
By Mr. REED: In my opinion, article 10 is not sustained
by the evidence. It is shown that Henry W. Cannon is a rela
tive of the wife of the respondent, and that on other occasions
the respondent and his wife had been tlie guests of Henry \y
Cannon. The relationship existing between the families affords
a proper reason for the invitation referred to in the article, and
its acceptance. Under these conditions it is my opinion that
the action of the respondent ought to receive that construction
which accords with innocence.
The PRESIDENT pro tempore. The Secretary will proceed
with the reading of the next article.
The Secretary read as follows:
ARTICLE II.
That (he said Robert W. Archbald, while holding the office of Unitna
States district judge in and for the mi dd 1c d Ft riot o f the State of Peim
istrict
sylvanin. did, on or about the 1st day of May, 1910, wrongfully .lril
unlawfully accept and receive a sum of money in excess of $500, whDv!
sum of money was contributed and given to the said Robert W’. Arri
bald h.v various attorneys who were practitioners in the said eon!?Z
presided over by the said Robert W. Archbald: that said money i !
raised by subscription and solicitation from said attorneys by two rf
the officers of said_court, to wit, Edward R. W. Searle. clerk of
cour t, and J. IL Woodward, jury commissioner of said court w c
Mh
the said Edward R. W. Searle and the said J. B. Woodward havh.
been appointed to the said positions by the said Robert W. ArclVhnu?
judge aforesaid.
ait*>
Wherefore said Robert W. Archbald was and is guilty of misbehavin
in office, ancl was and is guilty of a misdemeanor.
' °r
The PRESIDENT pro tempore. Senators, how say you? j s
the respondent, Robert W. Archbald, guilty or not guilty ils
charged in this article? The Secretary will call (he roll for the
separate response of each Senator.
The Secretary proceeded to call the roll.
Air. POINDEXTER (when his name was called). Under the
rule, I desire to file a statement of the reasons for my vote.
I vote “ not guilty.”
Air. REED (when his name was called). I vote “ not guilty”
and, under the rule, I file my reasons.
The roll call was concluded.
The PRESIDENT pro tempore. The Secretary will recapitu.
late the responses of Senators.
The Secretary recapitulated the vote, which was as follows-
Ashurst
Bourne
Bristow
Bankhead
Brandegee
Bryan
Burnham
Burton
Catron
Chamberlain
Clark, Wyo.
Crane
Culberson
Cullom
Cummins
Curtis
Bacon
Borah
Bradley
Briggs
Chilton
Clarke, Ark.
Crawford
Dillingham
GUILTY—11.
Brown
La Foiicttc
Clapp
Lippitt
Dixon
Myers
NOT GUILTY—51.
Nelson
du Tout
Fletcher
O’Gorman
Oliver
Gallingcr
Page
Gore
Paynter
Gronna
Johnson, Me.
Penrose
Perkins
Jones
Kenyon
Poindexter
Pomerene
Lodge
McCumber
Reed
Richardson
McLean
Martin, Va.
Root
Martino, N. J.
Sanders
ABSENT OR NOT VOTING—52.
Johnston, Ala.
Fall
Johnston, Tex.
Foster
Kern
Gamble
Lea
Gardner
Massey
Guggenheim
Newlands
Ileiskell
Overman
Hitchcock
Jackson
Percy
Owen
Perky
Shively
Simmons
Smith, Ariz.
Smith, Md.
Smoot
Sutherland
Thornton
Townsend
Warren
Wetmore
Williams
Works
Smith, Ga.
Smith, Mich.
Smith, S. C.
Stephenson
Stone
Swanson
Tillman
Watson
The PRESIDENT pro tempore. Upon the call of the roll, 11
Senators have voted that the respondent is guilty as charged in
this article and 51 Senators have voted that the respondent is
not guilty as charged in this article. The Senate has therefore
adjudged that the respondent is not guilty as charged in this
article.
During the roll call the following statements were filed:
By Air. POINDEXTER: As to articles 10, 11, and 12, while
I regard the acts charged therein, and partly admitted by the
1913.
CONGRESSIONAL 11ECOBD— SEX A T E .
respondent. as reprehensible and justly subject to censure and
The PRESIDENT pro tempore. The Senator can give his
objection, I do not regard them, standing alone, as sufficient reasons for wishing to be excused.
Mr. HITCHCOCK. Will the Senator please speak a little
-cause for impeachment.
By Mr. R E E D : In explanation of my vote upon this article, I louder?
Mr. SUTHERLAND. I say that I find myself embarrassed
desire to state that I regard the practice sometimes indulged
in by judges of courts, of accepting gifts of moneys contributed to vote upon this question either way—guilty'or not guilty.
The PRESIDENT pro tempore. The Senator can not'enter
by attorneys practicing before them, as one which should not
only be discountenanced but absolutely discontinued. Indeed, it into an argument upon the subject. He can state his reasons.
Mr. SUTHERLAND. Mr. President, I understand that 1 am
is my opinion that it should be prohibited by positive statute.
Nevertheless, it is my opinion that the evidence in this case stating my reasons.
The PRESIDENT pro tempore. With the permission of the
does not go far enough to show that the money was contributed
or accepted because of any sinister reason. Under these cir Senate, the Senator may proceed.
Mr. SUTHERLAND. I was giving the reason why I think I
cumstances I do not think the act of sufficient gravity to war
rant a finding of guilty. If the evidence had shown by direct should he excused from voting, and that is that I have voted
testimony or by circumstances that the money was contributed upon some of these articles “ guilty ” and upon some of them
for the purpose of promoting favoritism, and that it was ac “ not guilty,” and, as it occurs to me, I can not consistently
cepted in such a manner as to create an obligation, a different vote upon this one article one way or the other. I desire to he
excused, and before that request is put I desire to make a par
case would have been presented.
The PRESIDENT pro tempore. The Secretary will proceed to liamentary inquiry. Would it be in order now to move to in
definitely postpone the consideration of article 13?
read the next article.
The PRESIDENT pro tempore. The Chair does not know
The Secretary read as follows :
that that is strictly a parliamentary question, as it is con
ARTICLE 12.
That on the Oth day of April, 1901, and for a long time prior thereto, trolled by the rule o f the Senate that the Senators shall vote
one J. B. Woodward was a general attorney for the Lehigh Valley Bail- upon it. It is a matter upon which the Chair would not take
road Co., a corporation and common carrier doing a general railroad the responsibility of ruling, but will submit it to the Senate
business; that on said day the said Robert W. Archbald, being then
and there a United States district judge in and for the middle district if the Senator desires it.
of Pennsylvania, and while acting as such judge, did appoint the said
Mr. SUTHERLAND. Then, Mr. President, I move that the
J. B. Woodward as a jury commissioner in and for said judicial district,
consideration
indefinitely postponed.
and the said J. B. Woodward, by virtue of said appointment and with further PRESIDENT o f article 13 beThe Chair submits to the
The
pro tempore.
the continued consent and approval of the said Robert W. Archbald,
held such office and performed all the duties pertaining thereto during Senate the question of order.
all the time that the said Robert W. Archbald held said office of United
Mr. WILLIAMS. Is that subject to debate?
State district judge, and that during all of said time the said J. B.
The PRESIDENT pro tempore. There is nothing open to
Woodward continued to act as a general attorney for the said Lehigh
Valley Railroad Co.; all of which was at all times well known to the debate under the rule.
said Robert W. Archbald.
this point of order
Wherefore the said Robert W. Archbald was and is guilty of misbe to Mr. WILLIAMS. Then I want to submit of the Chair to de
the Chair. I submit that it is the duty
havior in office and was and is guilty of a misdemeanor.
The PRESIDENT pro tempore. Senators, how say you? Is cide the point, for the simple reason that-----The PRESIDENT pro tempore. The Chair will decide it,
the respondent, Robert W. Archbald, guilty or not guilty as
charged in this article? The Secretary will proceed to the call then, and rule the motion to be out of order.
Mr. WILLIAMS. Y es; because the order under which we are
o f the roll for the separate response o f each Senator.
working forbids debate.
The Secretary called the roll.
Mr. SUTHERLAND. Then I ask to have my request put. I
The PRESIDENT pro tempore. The Secretary will recapitu
ask to be excused from voting upon this article for the reasons
late the responses.
The Secretary recapitulated the vote, which was as follows: I have stated.
The PRESIDENT pro tempore. The Senator from Utah asks
GUILTY— 19.
that he be excused from voting on article 13 for the reasons
Clapp
Ashurst
Gore
Perky
indicated by him. Is there objection? The Chair hears none,
Gronna
Bourne
Crawford
Reed
and the Senator stands excused.
Kenyon
Shively
Culberson
Bristow
Cummins
La Follette
Brown
Smith, Ariz.
Mr. CHAMBERLAIN. I make the same request, and for
Dixon
Myers
Cliamberlain
the same reasons as those given by the Senator from Utah.
NOT GUILTY—40.
The PRESIDENT pro tempore. The Senator from Oregon
Oliver
Galiinger
Smith. Md.
Bankhead
[Mr. C hamberlain ] makes the request that he be excused for
Owen
Hitchcock
Smoot
Brandegee
the reasons indicated by the Senator from Utah. Is there ob
Johnson, Me.
Page
Stephenson
Bryan
jection? The Chair hears none, and the Senator stands ex
Payntcr
Sutherland
Jones
Burnham
Penrose
Thornton
Lippitt
cused.
Burton
Perkins
Townsend
Lodge
Catron
Mr. CLARK of Wyoming. For the same reasons I ask to be
Poindexter
Warren
McCumber
Clark. Wyo.
excused.
Pomerene
Wctmore
McLean
Crane
Richardson
Williams
The PRESIDENT pro tempore. The Senator from Wyoming
Martin, Va.
Cullom
Works
Root.
Martine, N. J.
Curtis
asks to be excused for reasons already given. Is there' objec”
Sanders
Nelson
du Pont
tion? The Chair hears none, and the Senator stands excused.
Simmons
O’Gorman
Fletcher
Mr. JOHNSON of Maine. I ask to be excused for the same
-29.
ABSENT OR NOT VOTING—
reasons as those assigned by the several Senators.
Kern
Smith, S. C.
Foster
Bacon
The PRESIDENT pro tempore. The Senator from Maine
Lea
Stone
Gamble
Borah
Massey
Swanson
Gardner
Bradley
asks to be excused. Is there objection? The Chair hears none,
Newlands
Tillman
Guggenheim
Briggs
and the Senator stands excused.
Overman
Watson
Heiskell
Chilton
Percy
Mr. WARREN. This article seems to he an omnium gath
Jackson
Clarke. Ark.
Johnston, Ala. Smith, Ga.
Dillingham
erum, including all the other charges, and for the same reasons
Fall
Johnston. Tex. Smith. Mich.
expressed by the Senator from Utah I ask to be excused from
The PRESIDENT pro tempore. Upon the call of the roll of voting.
the Senate, 19 Senators have responded that the respondent is
The PRESIDENT pro tempore. The Senator from Wyoming
guilty as charged in this article and 40 Senators have re asks to be excused from voting. Is there objection? The
sponded that the respondent is not guilty as charged in this Chair hears none, and the Senator stands excused.
article. The Senate has therefore adjudged that the respond
Mr. DU PONT. For the same reason which was so well
ent is not guilty as charged in this article.
stated a few moments ago by the Senator from Utah [Mr.
Mr, SUTHERLAND. Mr. President, the remaining article, S u t h e r l a n d ] , I ask to be excused from voting.
13. includes, in general terms, as I understand, the various
Mr. CLAPP. Mr. President, I shall have to object to these
articles which have preceded it and I find it exceedingly
difficult to vote upon it one way or tfie other, because if I vote requests. They will leave us where we will not have a quorum
The PRESIDENT pro tempore. The Senator from Minnesota
“ guilty ”-----The PRESIDENT pro tempore. Has the Senator a request to objects.
Mr. LIPPITT. For the reason that I can not consistently
make?
Mr. SUTHERLAND. I desire to make this statement, be with my other votes vote on this article, I ask to be excused
cause if I am not permitted to make a certain motion I want from voting.
The PRESIDENT pro tempore. The Senator from Rhode
to ask to be excused from voting. This is preliminary to asking
Island asks to be excused from voting on this article. Is there
to be excused.
1446
CONGRESSIONAL RECORD— SENATE
objection? The Cliair hears none, and the Senator stands
excused.
Mr. SIMMONS. For the reasons given by other Senators, I
ask to be excused from voting.
The PRESIDENT pro tempore! The Senator from North
Carolina, for the reasons indicated, asks to be excused from
voting. Is there objection? The Chair hears none, and the
Senator stands excused.
Mr. GRONNA. I do not believe that I can consistently vote
on this article, and therefore I ask to be excused.
The PRESIDENT pro tempore. The Senator from North
Dakota asks to be excused from voting on this article.
Mr. REED. If it is in order, I should like to make a motion
with reference to this matter for the action of the Senate.
The PRESIDENT pro tempore. The Chair is now putting the
request of the Senator from North Dakota.
Mr. REED. Ah.
The PRESIDENT pro tempore. Is there objection to the
request of the Senator from North Dakota? The Chair hears
none, and the Senator stands excused. The Senator from
Missouri.
Mr. REED. Mr. President, this presents a peculiar question,
and I therefore move that the doors of the Senate be closed.
The PRESIDENT pro tempore. The Senator from Missouri
moves that the doors of the Senate be closed for deliberation.
Mr. DU PONT. I renew my request, for the reason stated,
that I may be excused from voting.
The PRESIDENT pro tempore. There is a motion pending,
made by the Senator from Missouri. The motion is that the
doors of the Senate shall be closed for private conference.
Air. O’GORMAN. I hope the motion will not prevail.
M LODGE. I make the point that no debate is in order.
x\
Mr. O'GORMAN. There are 13 articles on which Senators
are prepared to render judgment. We have passed on 12 of
those articles, and I assume that Senators will not be em
barrassed in passing on the thirteenth; and that, I assume, is
the regular order.
Mr. LODGE. I make the point that no debate is in order.
The PRESIDENT pro tempore. There is no rule on the
subject that the Chair can find.
Mr. LODGE. It is the rule of the Senate that we shall vote
without debate.
The PRESIDENT pro tempore. But the question is on the
motion to go into private conference.
Mr. LODGE. That must be voted on without debate, like
everything else.
Mr. ASHURST. On the motion of the Senator from Missouri
[Mr. R e e d ] I demand the yeas and nays.
Mr. POINDEXTER. It seems the Chair has ruled that it is
open to debate, and I want to say only one word.
The PRESIDENT pro tempore. The Chair, on reflection,
thinks the point of order made by the Senator from Massa
chusetts is correct. The Chair will rule that debate is not in
order.
Mr. OLIVER. I call for the regular order.
The PRESIDENT pro tempore. The regular order is the
demand for the yeas and nays made by the Senator from Ari
zona on the motion of the Senator from Missouri.
The yeas and nays were not ordered.
Mr. JONES. Mr. President, I rise to a point of order.
Under the rule we have to determine all these questions by a
roll call.
The PRESIDENT pro tempore. Not unless one-fifth of the
Senators present demand it. The Senator will find that the
rule is explicit on that subject.
Mr. JONES. I understood the rule did not require any
second when the Senate is sitting as a Court of Impeachment.
Mr. CRAWFORD. I ask for the regular order.
The PRESIDENT pro tempore. The Senator from Wash
ington has made a point of order, and it is proper to rule on it.
Mr. REED. When I made the motion I thought it would save
time. If there is no objection, I will withdraw it.
The PRESIDENT pro tempore. The Senator from Missouri
withdraws the motion, but Jhe Chair will state to the Senator
from Washington that if he will refer to the rules he will find
explicit provision that the question shall be decided without
division unless the yeas and nays are demanded. The Senator
from Missouri withdraws the motion for the closing of the
doors, and the Secretary will read article 13.
Mr. GALLINGER. I ask unanimous consent that the con
sideration of article 13 be indefinitely postponed.
Mr. POINDEXTER. I object.
The PRESIDENT pro tempore. Objection is made.
Mr. McCUMBER. Mr. President, I rise to a point of order.
We are, under the rule, compelled to vote on the article. It
can not be withdrawn.
January
i
Mr. CULBERSON, Mr. LA FOLLETTE, and others. r 0j,,
lar order!
The PRESIDENT pro tempore. The article will be roaq
The article has not yet been read.
The Secretary read as follows:
ARTICLE 13.
That Robert W. Archbald, on the 29th day of March, 1001. was dni
appointed United States district judge for the middle district of pe,
syfvania and held such office until the .list day of January, io n A
which last-named date he was duly appointed a United States circuit
judge and designated as a judge of the United Slates Commerce Court
That during the time in which the said Robert W. Archbald t,.,;
acted as such United States district judge and judge of the Uniteu
States Commerce Court he, the said Robert W. Archbald, at divers timrS
and places, has sought wrongfully to obtain credit from and through
certain persons who were interested in the result of suits then pending
and suits that had been pending in the court over which ho presided
judge of the district court, and in suits pending in the United States
Commerce Court, of which the said Robert W. Archbald is a member
That the said Robert W. Archbald, being United States circuit
and being then and there a judge of the United States Commerce Court
at Scranton, in the State of Pennsylvania, on the 31st day of March’
1911, and at divers other times and places, did undertake to carry on *
>
general business for speculation and profit in the purchase and sale 0f
culm dumps, coal lands, and other coal properties, and for a valuable
consideration to compromise litigation pending before the Interstate
Commerce Commission, and in the furtherance of his efforts to compro”
mise such litigation and of his speculations in coal properties, willful),,'
unlawfully, and corruptly did use his influence as a judge of the saui
United States Commerce Court to induce the officers of the Erie Railroad
Co., the Delaware, Lackawanna & Western Railroad Co., the Lacka
wanna & Wyoming Valley Railroad Co., and other railroad companies
engaged in interstate commerce, respectively, to enter into various
and divers contracts and agreements in which he was then and there
financially interested with divers persons, to wit, Edward J. Williams
John Ilenry .Tones, Thomas II. Jones, George M. Watson, and others’
without disclosing his said interest therein on the face of the contract’
but which interest was well known to the officers and agents of said
railroad companies.
u
That the said Robert W. Archbald did not invest any money or other
thing of value in consideration of any interest acquired or sought to be
acquired by him in securing or in attempting to secure such contracts or
agreements or properties as aforesaid, but used his influence as such
judge with the contracting parties thereto, and received an interest in
said contracts, agreements, and properties in consideration of such
influence in aiding and assisting in securing same.
That the said several railroad companies were and are engaged in
interstate commerce, and at the time of the execution of the several
contracts and agreements aforesaid and of entering into negotiations
looking to such agreements had divers suits pending in the United States
Commerce Court, and that the conduct and efforts of the said Robert
W. Archbald in endeavoring to secure and in securing such contracts and
agreements from said railroad companies was continuous and persistent
from the said 31st day of March, 1911, to about the 15th day of April
1912.
Wherefore the said Robert W. Archbald was and is guilty of misbe
havior as such judge and of misdemeanors in office.
Tfle PRESIDENT pro tempore. Senators, flow say yon? is
the respondent, Robert W. Archbald, guilty or not guilty as
charged in this article? The Secretary will call the roll of the
Senate for the separate response of each Senator.
The Secretary proceeded to call the roll.
Mr. BRANDEGEE (when his name was called). I take this
opportunity to file my reasons.
Mr. POINDEXTER (when his name was called). Under the
rule I desire to file the following statement.
The roll call was concluded.
Mr. SIMMONS. I will withdraw my request to be excused
and will vote and will .file my reasons. I vote “ guilty.”
Mr. DU PONT. I withdraw my request to be excused and
file my reasons. I vote “ not guilty.”
The PRESIDENT pro tempore. The Secretary will proceed
to recapitulate the responses of Senators.
The Secretary recapitulated the vote, which w
ras as follows:
Ashurst
Bourne
Bristow
Brown
Burton
Clapp
Crawford
Culberson
Cullom
Cummins
Curtis
Bankhead
Brandegee
Bryan
Burnham
Catron
Bacon .
Borah
Bradley
Briggs
Chamberlain
Chilton
Clark, Wyo.
Clarke, Ark.
GUILTY—42.
Martine, N. J.
Dixon
Myers
Foster
O'Gorman
Gore
Hitchcock
Owen
Perky
Jones
Kenyon
Poindexter
Pomerene
La Follette
Reed
Lodge
Root .
McCumber
Sanders
McLean
Shively
Martin, Va.
NOT GUILTY—20.
Oliver
Crane
Page
du Pont
Pay liter
Fletcher
Gallinger
Penrose
Perkins
Nelson
ABSENT OR NOT VOTING—32.
Dillingham
Johnson, Me.
Johnston, Ala.
Fall
Gamble
Johnston. Tex.
Gardner
Kern
Gronna
Lea
Gugeenheim
Lippitt
Heiskeil
Massey
Jackson
Newlands
Simmons
Smith, Ariz.
Smith, Ga.
Smith, Md.
Stone
Swanson
Townsend
Williams
Works.
Richardson
Smoot
Stephenson
Thornton
Wetmorc
Overman
Percy
Smith, Mich.
Smith, S. C.
Sutherland
Tillman
Warren
Watson
The PRESIDENT pro tempore. On the call of the roll of the
Senate, 42 Senators have responded that the respondent is
n
191 O.
CONGRESSIONAL RECORD— SENATE
guilty as charged iu this article and 20 Senators have responded
that he is not guilty as charged in this article. More than
two-thirds having voted that the respondent is guilty, the Senate
has adjudged that the respondent is guilty as charged in the
article.
The reasons filed by Senators are as follows:
By Mr. BRANDEGEE: I vote “ not guilty” on article 13
because it alleges offenses some of which are alleged to have
been committed by the respondent while he was a judge of the
United States district court, which office he does not hold at
present and did not hold at the time the articles were adopted
by the House of Representatives; and also because it is impos
sible to separate the offenses alleged to have been committed
as district judge from those alleged to have been committed as
circuit judge and because I do not think all the allegations have
been proved.
By Mr. POINDEXTER: Mr. P oindexter stated, as to article
13, that while it includes particular acts charged in other arti
cles if. nevertheless, charges a distinct offense, in that it charges
that the respondent made a regular business for profit of such
acts.
By Mr. DU PONT: Reasons filed by Senator du P ont with
respect to certain votes cast by him during this session:
My vote of “ not guilty ” upon the articles of impeachment
against Judge R. W. Archbald numbered 7, 8, 9, 10, 11, 12, and
13 was based, in the main, upon the fact that the offenses
therein charged were alleged to have been committed prior to
January 31, 1911, when he was not holding his present office.
In my judgment, the legality of the impeachment, so far as
such offenses are concerned, is questionable, and, in any event,
a precedent fraught with danger is created.
By Mr. OWEN: Views of Mr. O wen on articles 7, 8, 9, etc.:
Impeachment is the exercise of political power and not the
exercise of mere judicial authority under a criminal code. Im
peachment is the only mode of removing from office those per
sons proven to be unfit because of treason or high crimes or
misdemeanors.
Whether these crimes be committed during the holding of a
present office or a preceding office is immaterial, if such crimes
demonstrate the gross unfitness of such official to hold the great
offices and dignities of the people.
A wise public policy forbids the precedent to be set that pro
motion in office of a criminal precludes his impeachment on the
ground of his discovered high crimes and misdemeanors in a
previous office, from which he has just been promoted.
For these reasons, it is my judgment that articles 7, 8, 9,
etc., in so far as they charge crimes committed by R. W.
Archbald while United States district judge comprise impeach
able offenses and may be alleged against him as judge of the
Commerce Court.
Mr. O’GORMAN. I offer the following resolution.
The PRESIDENT pro tempore. The Senator from New York
offers an order, which will be read to the Senate.
Mr. JONES. Before that order ;s presented, I wish to make
a parliamentary inquiry.
The PRESIDENT pro tempore. The Senator from Washing
ton will state it.
Mr. JONES. My inquiry is whether those who asked to be
excused, from voting will be considered as present on the roll
call? The Constitution requires that a vote of two-thirds of
those present will sustain the article, and the inquiry is if the
vote announced by the Chair of the number voting guilty was
two-thirds of those present?
The PRESIDENT pro tempore. The Chair knows of no way
of determining the presence of Senators except by the recorded
vote.
Mr. JONES. A number of Senators were excused from this
roll call, and it seems to me that they should be counted as
present.
The PRESIDENT pro tempore. The Chair has no right to
count anyone who has not voted.
Mr. ROOT. I call for the regular order.
The PRESIDENT pro tempore. The Senator from New York
[Mr. O'G orman ] presents a resolution in the nature of an order,
which will be read.
The Secretary read as follow s:
, O r d e r e d , That the respondent, Robert W. Archbald, circuit judge of
the United States from the third judicial circuit, and designated to
serve in the Commerce Court, be removed from office and be forever
disqualified from holding and enjoying any office of honor, trust, or
profit under the United States.
Mr. ROOT. Mr. President, I move that the doors be closed
for deliberation upon the sentence to be imposed by the Senate.
Mr. POINDEXTER. Will the Senator from New York yield
to me just a moment that 1 may file a brief statement?
X L IX
92
1447
Mr. ROOT. That can be done at any time.
It is not neces
sary that it be filed now.
Mr. WARREN. At any time within two days.
By Mr. POINDEXTER: The statement submitted by Mr.
P oindexter is as follows: As to articles 7, 8, and 9, although
the offenses charged were committed while the respondent
was district judge and before he was appointed circuit judge,
yet, since the penalty for impeachable offenses is not only
forfeiture of office hut disqualification to fiold office tfiereafter, I am o f opinion that the offenses charged in these arti
cles, although committed before respondent’s appointment as
circuit judge, nevertheless disqualify him, on impeachment
therefor, from holding office as such circuit judge or as judge
of the Commerce Court. There is no statute of limitations nor
law of limitations in impeachment proceedings.
The PRESIDENT pro tempore. The Senator from New York
[Mr. R oot] moves that the doors be closed in order that the
Senate may deliberate in private. The question is on the mo
tion of the Senator from New York.
The motion was agreed to.
The managers on the part of the House and the counsel for
the respondent withdrew from the Chamber.
The galleries having been cleared, the Senate (at 3 o’clock
and 50 minutes p. m.) proceeded to deliberate with closed doors.
At 4 o’clock and 20 minutes p. m. the doors were reopened.
Mr. Worthington, Mr. Robert W. Archbald, jr., and Mr.
Martin, of counsel for the respondent, appeared in the seats
provided for them.
The managers on the part of the House of Representatives
appeared in the seats provided for them.
The PRESIDENT pro tempore. What is the pleasure of the
Senate?
Mr. O’GORMAN. Mr. President, I should like to have the
order which I presented read, and then I shall ask for a vote
upon it.
The PRESIDENT pro tempore. The Senator from New
York asks that the order .which he presents be read.
The Secretary read the order, as follow s:
O r d e r e d , That the respondent. Robert W. Archbald, circuit judge of
the United States from the third judicial circuit, and designated to
serve in the Commerce Court, be removed from office, and be forever
disqualified from holding and. enjoying any office of honor, trust, or
profit under the United States.
Mr. OLIVER. I ask for a division of the question.
The PRESIDENT pro tempore. The Senator from Pennsyl
vania desires a division of the question. The Chair will direct
that the first part o f the proposed order, beginning with the
word “ Ordered” and concluding with the word “ office,” be
first submitted to the Senate. That portion will now he stated
by the Secretary.
The Secretary read as follow s:
O r d e r e d , That the respondent, Robert W. Archbald, circuit judge of
the United States from the third judicial circuit, and designated to
serve in the Commerce Court, be removed from office.
The PRESIDENT pro tempore. The question is on the adop
tion of the first portion of the proposed order, which has just
been read.
The first portion of the order was agreed to.
The PRESIDENT pro tempore. The question now is upon
the concluding portion of the order, which the Secretary will
read.
The Secretary read as follow s:
And he forever disqualified from holding and enjoying any office of
honor, trust, or profit under the United States.
The PRESIDENT pro tempore. The question is upon agree
ing to the portion o f the order just read by the Secretary.
Mr. PENROSE and Mr. LA FOLLETTE called for the yeas
and yeas.
The yeas and nays were ordered; and, having been taken, re
sulted—yeas 39, nays 35, as follows:
Ashurst
Borah
Bourne
Bristow
Brown
Bryan
Chamberlain
Clapp
Clarke, Ark.
Crawford
Bacon
Bankhead
Brandegee
Burnham
Burton
Catron
Clark, Wyo.
Crane
Cullom
YEAS— 39.
La Follette
Culberson
Martin, Ya.
Cummins
Dixon
Martino. N. J.
Fletcher
Ncwlands
Gore
O’Gormau
Gronna
Owen
Hitchcock
Page
Johnson, Me.
Perky
Kenyon
Poindexter
Kern
Pomereno
NAYS—35.
Curtis
Nelson
Oliver
du Pont
Foster
I’aynter
Gallinger
Penrose
Jones
Perkins
Richardson
Lippitt
Root
Lodge
McCumber
Sanders
Smith, Ga.
McLean
Reed
Shively
Simmons
Smith. Arlz.
Smith, Md.
Stone
Swanson
Tillman
Williams
Smoot
Stephenson
Sutherland
Thornton
Townsend
Warren
Wetmore
Works
1448
Bradley
Briggs
Chilton
Dillingham
Fall
CONGRESSIONAL RECORD— HOUSE
NOT VOTING—20.
Johnston, Ala.
Gamble
Johnston, Tex.
Gardner
Guggenheim
Bea
Massey
Heiskell
Jackson
Myers
Overman
Percy
Smith, Mich.
Smith, S. C.
Watson
The PRESIDENT pro tempore. Upon the question of the
adoption of the latter part of the order, which has just been
read, the “ yeas” are 39 and the “ n ays” 3o. The “ yeas”
have it, and the latter part of the order is adopted, as well as
the first, and the entire order is adopted. Is it the pleasure of
the Senate that the Presiding Officer shall now pronounce the
judgment of the Senate?
Mr. Manager CLAYTON. Mr. President, I desire that the
Senate take appropriate action to communicate its judgment to
the House of Representatives and the Executive Department,
i
The PRESIDENT pro tempore. The Senate has not yet pro
nounced judgment. That will be for the Senate to do.
JUDGMENT OF THE SENATE.
The PRESIDENT pro tempore (Mr. B acon ) thereupon pro
nounced the judgment of the Senate as follow s:
* The Senate therefore do order and decree, and it is hereby
adjudged, that the respondent, Robert W. Arehbald, circuit
judge of the United States from the third judicial circuit, and
designated to serve in the Commerce Court, be, and he is hereby,
removed from office; and that he be, and is hereby, forever dis
qualified to hold and enjoy any ofiice of honor, trust, or profit
under the United States.
OPINIONS OF SENATOSS FILED AND PUBLISHED BY ORDER OF THE
SENATE SITTING ON THE TRIAL OF THE IMPEACHMENT OF ROBERT
W . ARCIIBALD, CIRCUIT JUDGE OF THE UNITED STATES FROM THE
THIRD JUDICIAL CIRCUIT, AND DESIGNATED TO SERVE IN THE
COMMERCE COURT.
J
a n u a r y
13
Mr. SMOOT. If we adjourn now, without the unfinished
business being temporarily laid aside, will it displace the un
finished business?
i
Mr. CRAWFORD. I did not suppose the unfinished business
would be affected in its status by an adjournment.
Mr. BORAH. The matter of adjournment does not affect the
status of the unfinished business.
The PRESIDENT pro tempore. The question is on agreeing
to the motion of the Senator from Kansas that the Senate:
adjourn.
,i
The motion was agreed to, and (at 4 o’clock and 40 minutes
p. m.) the Senate adjourned until to-morrow, Tuesday, January!
14, 1913, at 12 o’clock meridian.
H O U SE
M
OF
onday
R E PR E SEN T A T IY E S.
,
January 13,1913.
The House met at 11 o’clock a. in.
The Chaplain, Rev. Henry N. (louden, D. D., offered the fol
lowing prayer:
We come to Thde, O God, our teavenly Father, to renew our
allegiance to Thee, to add to our spiritual strength, for y/e
realize that the downing glory of each man’s life is character.
Strengthen us that we may resist evil and make us strong to
overcome temptation, that we ifay fulfill the obligations of this
day, and keep our character free from the contamination 0f
sin by doing ail things in accordance with Thy will. Hear us
and thus bless us, fn the name of Jesus Christ our Lord. Amen!
The Journal of the proceedings of Saturday, January 11, 1913*
was read and approved.
MEMORIAL SERVICES.
The SPEAKER. In connection with setting the date for the
memorial services for the late Representative W e d em ey er
In the impeachment of Robert W. Archibald, January 13, 1913: the Chair desires to make a suggestion to the House so that
I have voted that the respondent is guilty under articles 1 , 2, Members may take I t under consideration. It has always ap
3, 5, G and 13, because I find that he used the power and influ peared to the Chair That 12 o’clock on Sunday is a very incon
,
ence of his office as judge of the Court of Commerce to secure venient hour at which to have these services. The suggestion
favors of money value for himself and his friends from railroad of the Chair is that they be set for 2 or 3 o’clock on that day.
companies, some of which were litigants in his court and all of The Chair would bd glad to have the Members consider this
which were under the regulation of the Interstate Commerce matter among themsalves.
,
Commission, subject to the review of the Court of Commerce.
POST OFFICE APPROPRIATION BILL.
j
I consider this course of conduct, and each instance of it, to
Mr. MOON of Tennessee. Mr. Speaker, I move that the House
he a high crime and misdemeanor.
I have voted “ not guilty,” upon the other articles, because, resolve itself into th<§ Committee of the Whole House on the
state
Union
further consideration of the bill
while most of them involve improper conduct, I do not consider H. R. of the the Postfltr the appropriation hill.
27148,
Office
that the acts proved are high crimes and misdemeanors.
The motion was agreed to.
I have no doubt that the respondent is liable to impeachment
Accordingly the Houlse' resolved itself into the Committee of
for acts done while he was a judge of the district court and
the Whole House on thfc 'state of the Union for the further con
that the Senate has jurisdiction to try him for such acts.
sideration of the Post Office appropriation bill, with Mr. Garrett
E l iiiu R oot.
in the chair.
I concur in the foregoing, except as to article 4, upon which I
The Clerk read as follow s:
voted the respondent guilty.
Office of the Second Assistant Postmaster General.
H. C. L odge.
Mr. MADDEN. Mr, Leaker, has the item with relation to
The PRESIDENT pro tempore. What is the further pleas the pay and arrangementffor substitute carriers and clerks been
ure of the Senate?
passed over?
|
l
Mr. ROOT. I move that the Senate, sitting in the impeach
The CHAIRMAN. / That was passed over, to be called up at
ment of Robert W. Arehbald, do now adjourn without day.
the suggestion of tl$e Chair.
Mr. GALLINGER. Would it not be proper, before that is
The Clerk read
follows:
done, to direct that the action of the Senate he communicated to
For inland transportation |y star routes in Alaska, $400,000: Pro*
the House o f Representatives?
v i d e d , That out of this approbation the Postmaster General is author
ized to provide difficult or emlrgency mail service in Alaska, including
The PRESIDENT pro tempore. That is for the Senate.
the establishment and equipmant of reiay_ stations, in such manner as
Mr. GALLINGER. I would then move, Mr. President, that he may think advisable, withctit advertising therefor.
the action of the Senate in the case of the impeachment of
Mr. SHARP. /M r. Chaiilnan. I offer the following amend
Robert W. Arehbald be communicated to the House of Repre ment, which I sfnd to the cia-k and ask to have read.
sentatives and to the President of the United States.
The Clerk reftl as follow !:
The motion was reduced to writing and agreed to, as foliows :
Tage 16, line f , after the wlrd “ stations.” insert the words “ and
OPINIONS OF SENATOR ROOT AND SENATOR LODGE.
4f
R e s o l v e d , That the Secretary be directed to communicate to the Presi
transportation
dent of the United States and to the House of Kepresentatives the fore theMr. MOON |f of mail by aeroplane or other air craft.” the
Tennessee. I Mr. Chairman, I make
going order and judgment of the Senate and transmit a certified copy of
the same to each.
of order on that.
>
t
>
point
Mr. SHARP.; Mr. Chairmaf, will the gentleman from Tennes
The PRESIDENT pro tempore. The question now is on the
motion of the Senator from New York [Mr. R oot] that the see reserve hiapoint of order t'or a few minutes?
Mr. MOON §>f Tennessee. Mr. Chairman, I will reserve the
Senate sitting for the consideration of the articles of impeach
ment presented against Robert W. Arehbald do now adjourn point of ordetffor five minuted
Mr. SHARI. Mr. ChairmAi, I very much hope that the
sine die.
chairman of this important committee will not insist upon his
The motion was agreed to.
The managers on the part of the Plouse o f Representatives, point of order* Nearly a year *1go, when this same committee
and Mr. Worthington, Mr. Robert W. Arehbald, jr., and Mr. reported out its bill for appr®jriations to take care of the
post-office service, I offered an amendment appropriating ,$50,000
Martin, of counsel for the respondent, thereupon withdrew.
The PRESIDENT pro tempore. The Senate is now in legis for carrying mail by aeroplane ir other air craft. There was
no point of order made at thatj time, which, of course, while
lative session.
it serves no precedent, still called for an extra appropriation.
Mr. CURTIS. I move that the Senate adjourn.
1
CONGRESSIONAL RECORD— SENATE.
1913.
1397
LIMITATION ON CHARGES TO J jp l E S .
EULOGIES ON THE LATE REPRESENTATIVES MADISON AND MITCHELL.
Mr. TILLMAN. I ask unanimous consent'for the consideration
of the resolution I send to the desk, whiter is an order to print.
The PRESIDING OFFICER. The absolution will be read.
The Secretary read as follow s:
J*
Mr. CURTIS. I desire to give notice that on Saturday, Feb
ruary 8, 1913, I will ask the Senate to eonsider resolutions com
memorative of the life, high character, and public services of
Hon. E dmond H. M adison and Hon. A. C. M itchell , late Mem
bers p f the House of Representatives from the State of Kansas.
The PRESIDING O F F I C E R .t h e r e objection to the pres
ent consideration
the resohation?
Mr. WILLIAMS. Reserving the right to object, I should like
to know the nature ofNte nyftter to be printed.
Mr. TILLMAN. It nNsoefiie papers accompanying the bill I
introduced some daj'S ag3 limiting the charges to juries by
t.
Federal judges.
jf \
Mr. WILLIAMS. I have ho objection.
Mr. SMOOT. I ask t o have^he resolution read.
The PRESIDING jpFFICER.\The Secretary will read the
resolution.
The Secretary reap the resolution (S. Res. 427), as follows:
Resolved, That th# following matter hfe printed as a Senate docu
Mr. (CRAWFORD. I desire to give notice that at the close
of the moaning business on Monday next I will ask the Senate
to resume the consideration of the omnibus claims bill.
That Senate bill No. SOOT, Sixty-secofT Congress, third session, with
the matter whid^ accompanied its intrjrouction, be printed as a Senate
document.
OMNIBUS CLAIMS BILL.
\
HOUSE BILL REFERRED.
If. R. 27475.\An act granting pensions and increase of pen
sions to certaiii\soldiers and sailors of the Civil War aud certain
widows and dependent children of soldiers and sailors of said
war, was read twice by its title and referred to the Committee
on Pensions.
\
SAMOA.N CLAIMS ( H . DOC. NO. 1 2 5 7 ) .
The PRESIDING, OFFICER laid before the Senate the fol
lowing message from the President of the United States, which
ment, namely:
was read and, with the accompanying papers, referred to the
1. Senate bill No/8007, Sixty-second Congress, third session.
2. The letter of#December 23, 1912, with its two inclosures, 'which Committee on Appropriations and ordered to be printed:
accompanied the iptroduction of the said bill.
3. And a copy ©f the judicial records referred to iq the petition, which, To the Senate and the House of Representatives:
on December 23,^912, was presented to the Supreme ^ourt of the United
I transmit herewith a report by the Secretary of State of
States, the firsJFof the two inclosures in the letter "qforesaid being _a the action taken by him in pursuance of the act of Qongress
copy of the s|nd petition. A certified copy of the TRaid records in
printed form A y s presented to the court with the petition aforesaid, approved June 23, 1910, authorizing and directing him to ascer
including a q&py of the brief referred to in the said petition.
tain the “ amounts due, if-.any, respectively, to American citizens
The PRESIDING OFFICER. Is there objection to
pres on claims heretofore filed in the Department of State, growing
ent consideration of the resolution?
N.
out of the joint naval operations of the United . States and
The resolution was considered by unanimous consent >^nd Great Britain in and about the town o f Apia in the Samoan
agreed fo .
\
Islands, in the months of March, April, and May, 1899, * * *
FARM CREDITS (S . DOC. NO. 1 0 0 1 )
q and report the same to Congress.”
LARKE of Arkansas. I ask unanimous consent to have \ Accompanying the report \ f the Secretary qf State is the
printfd an article by Mr. Jolin R. Dos Passos on the much- report of the officer who, pursuant to the Secretary's direction,
visited the Samoan Islands for vthe purpose of collecting evidence
discussed subject of “ Farm credits.”
he PRESIDING OFFICER. The Senator from Arkansas regarding the claims mentioned. Of the total amount of
as^s for the printing as a public document of a paper the char American claims, of about $64.^77.88, payment of $14,811.42 is
acter of which he has stated. Without objection, it is so recommended by the agent T%is finding is approved by tbe
Ordered.
\ Secretary of State, who submits for the consideration of
Congress the question of an immediate appropriation for the
PENNSYLVANIA HEALTH BULLETIN (S . DOC. NO. 1 0 0 0 ) .
payment of the claims recommended.
Mr. OWEN. I present a pamphlet outlining the organization
1
,f
W m . II. T aft .
of the State department o f health of Pennsylvania, and also a
T he W hite H ouse, January 10, '1913$
copy of the mortality statistics of the years 1906 to 1911 of the
FRANCHISES IN FORTO RICO foil. TOC. NO. 1 2 5 G ).
State of Pennsylvania. I ask that the papers be printed as a
Senate document and referred to the Committee on Public i The PRESIDING OFFICER laid M fore the Senate the fol
Health and National Quarantine.
lowing message from the President ou.the United States, which
The PRESIDING OFFICER. Without objectiou, it is so was read, and. with the accompanying! papers, referred to the
ordered.
Committee on the Pacific Islands and Vorto Rico and ordered
\
INDEPENDENT HEALTH SERVICE (S . DOC. NO. 1 0 0 2 ) . -■'-***•'’■*•2.. to be printed :
Mr. OWEN. I present a copy of the report of the Commission To the Senate and House of Representatives:
Congress approved
on Economy and Efficiency recommending the establishment of I-A s required by section 32 of the act
an independent health service. I ask that the report be printed April 12, 1900, entitled “An act temporarilyvto provide revenues
as a Senate document and referred to the Committee on Public and a civil government for Porto Rico, and 'for other purposes,”
Health and National Quarantine.
*
* I transmit herewith certified copies of fralkliises granted by
The PRESIDING OFFICER. Without objection, it^i**-«< the Executive Council o f Porto Rico, whichi are described in
the accompanying letter from the Secretary V Wax transmit
ordered.
ting them to me. Such of these as relate t&raiiroad, street
SYSTEM OF RURAL COOPERATIVE CREDITS.
railway, telegraph, and telephone franchises, privileges, or con
****kr: fpRONNA. I ask that Senate Document No. 572, Sixty- cessions have been approved by me, as requirdp. by the joint
second Congress, second session, being a general theory of co resolution of May 1, 1900 (51 Stat., 715).
operative credit in France and other foreign countries, prepared
/
W%. II. T aft .
by Maurice Dufourmantelle and translated from the French by
T he W hite H ouse, January 10, 1913.
Pauline Carter Biddle, and also Senate Document Ne. 574, SixtyMr. SMOOT. I move that the Senate adjourn.
second Congress, second session, being an outline of European
The motion was agreed to; and (at 5 o'clock and*25 minutes
cooperative cretttt. systems from bulletins of economic and
social intelligence, published by the International Institute of p. m.) the Senate adjourned until Monday, January 13, 1913,
Agriculture, 1,000 copies each, be required for the use of the at 12 o’clock meridian.?
Senate.
NOMINATIONS.
Mr. SMOOT. I will say to the Senator that perhaps he can
accomplish what he desires by giving an order on the Public
Executive nominations received hy the Senate January 11, 1913.
Printer.
Mr. GROXXA. I have a great many xcquests for these docu
Minister and C onsul G eneral.
ments.
j
T
Fred R. Moore, o f New York, to he minister resident and
Mr. SMOOT. If the cost of printing in each case will not
amount to more than $200: we can simply issue an order on the consul g eneral of the United States at Monrovia, Liberia, vice
Public Printer to have, them reprinted; but, o f course, if the William D. Crum, deceased.
Senator would prefer to have his order entered it can be done
C hief J ustice of the C ourt of Cla im s .
In that wav.
Fenton W. Booth, of Illinois, to be chief justice of the Court
Mr. GROXXA. I prefer to have the request submitted.
The PRESIDING OFFICER. Is there objection to tbe re of Claims, commencing February 12, 1913. vice Stanton J. Peelie,
quest of the Senator from North Dakota? The Chair hears whose resignation has been accepted to take effect at the close
of February 11, 1913.
hone, and the order is entered.
CONGRESSIONAL RECORD— SENATE.
1398
Judge
of the ”
Court
of
Cl a im s .
FIELD AB tM
J a n u a r y
l EBY
1]
ARM.
Lieut. Col. Samuel D. Sturgis, Third Field Artillery, to i
colonel from December 27, JTO12, vice Col. David J. R umbo mm
First Field Artillery, who hied December 20, 1912.
h l>
Maj. Edward F. McGlynlin, jr., Second Field Artillery, to l
J udges of the Circuit Court of H a w a ii .
lieutenant colonel fronjf December 27, 1912, vice Lieut, p ,
John A. Matthewman, of Hawaii, to be judge of the Circuit Samuel D. Sturgis, Thijrd Field Artillery, promoted.
Court of the Third Circuit of the Territory of Hawaii. A re
Capt. Willard D. N#vbill, Third Field Artillery, to be
appointment, his term expiring January G 1913.
,
from December 27, Jj012, vice Maj. Edward F. McGlachlin*a;j0r
Charles F. Parsons, of Hawaii, to be judge of the Circuit Second Field Artil lery, promoted.
’
Court of the Fourth Circuit of the Territory of Hawaii. A
COAST ARTILLERY CORPS.
reappointment, his term expiring January 6, 1913.
Second Lieut. Cary R. Wilson, Coast Artillery Corps, to bo
U nited States M arshals .
first lieutenant Worn December 15. 1912. vice First Lieut. Waitei.
Henry K. Love, of Alaska, to be United States marshal for E. Donahue, resigned December 14, 1912.
the District of Alaska, Division No. 4. A reappointment, his
#
P romotions in th e N avy .
term expiring January 12, 1913.
Passed AsM. Surg. James R. Dykes to be a surgeon iu til0
George F. White, of Georgia, to be United States marshal, Navy fromyfhe 2d day of September, 1912, to fill a vacancy.
southern district of Georgia. A reappointment, his term ex
Passed Asst. Paymaster Fred W. Holt to be a paymaster jn
piring January 20, 1913.
the Navy 'from the 19th day of October, 1912, to fill a vacancy.
R eceivers of P ublic M oneys .
Asst. Civil Engineer Carl A. Bostrom, with rank of ensign, to
James T. Farris, of Glasgow, Mont., to be receiver of public be an assistant civil engineer in the Navy with rank of lieumoneys at Glasgow, Mont., vice Walter Shanley, term expired tenant (junior grade) from the 16th day of October, 1912.
Asst. Civil Engineer Ralph M. Warfield, with rank of ensign,
and resigned.
Jesse W. Freeman, of Arkansas, to be receiver of public to be an assistant civil engineer in the Navy with rank of
moneys at Harrison, Ark., his term expiring January 14, 1913. lieutenant (junior grade) from the 3d day of December, 1912.
•Second Lieut. Bernard L. Smith to be a first lieutenant in the
( Reappointment.)
Marine Corps from tlie 22d day of December, 1912, to fin
R eappointment in the A rm y .
J vacancy.
.
Brig. Gen. George H. Torney, Surgeon General, to be Surgeon,
Asst. Paymaster Omar D. Conger to be a passed assistant pay
General with the rank of brigadier general for the period o f master in the Navy from the 22d day of August, 1912, to fifi „
four years beginning January 14, 1913, with rank from Janua; 3 vacancy.
14, 1909. His present appointment will expire January 13,
Asst. Paymaster Spencer E. Dickinson to be a passed assistant
paymaster in the Navy from the 23d day of August, 1912,' to
1913.
fill a vacancy.
A ppointments in the A rm y .
Machinist Charles Allen to be a chief machinist in the Navy
cavalry arm .
from the 27th day of December, 1912, upon the completion of
To be second lieutenant with rank from November
six years’ service as a machinist.
Russell Brown Patterson, of New Hampshire.
MARINE CORPS.
coast artillery corps.
First Lieut. William P. Upshur to be a captain in the Marine
Harold Aron Strauss, ensign, United States NavyjCo be second Corps from the 22d day of August, 1912, to fill a vacancy.
Second Lieut. Clarence E. Nutting to be a first lieutenant ip
lieutenant in the Coast Artillery Corps, with, rank jffom January
the Marine Corps from the 5th day of October, 1912, to fin a
2, 1913.
vacancy.
infantry arm .
/
Henry S. Boutell, of Illinois, to be judge of tlie Court of
Claims, commencing February 12, 1913, vice Fenton W. Booth,
nominated to be chief justice of said court.
Robert H. Peck, late captain, Twenty-fourty Infantry, to be
captain of Infantry with rank from January #, 1913.
CHAPLAIN.
/
Rev. Alva Jennings Brasted, of Iowa, to-be chaplain with the
rank of first lieutenant from January 2, 1913, vice Chaplain
Albert J. Bader, Ninth Infantry, resigned. September 16, 1912.
MEDICAL RESERVE P'ORPS.
To be first lieutenants with rank from December 28, 1912.
Walter M. Brickner, of New York.
Charles Gilchrist Darling, of Illinois.
Carl Braden Davis, of Illinois,
George Gilbert Davis, of Illinois.
Edward Tyler Edgerly, of Iowa.
Thomas Alfred Fletcher, of Ohio.
Fielding Hudson Garrison, of the District of Columbia.
Leander Johnson Graves, of Alabama.
Edwin Richard Hodge, of tlie District of Columbia.
William Byrd Hunter, of West Virginia.
Ernest Edward Irons, of Illinois.
Isaac Dee Kelley, jr., of Missouri.
Orson Pope Kingsley, of Wyoming.
George Earl Orsborn, of Colorado.
Frank Ellis Pierce, of Illinois.
Louis Livingston Seaman, of New York.
James Cyrus Tucker, of Nebraska.
Russell Morse Wilder, of Illinois.
To be first lieutenant with rank from December 30, 1912.
Wilson Carlisle von Kessler, of Pennsylvania.
P romotions
in the
P romotions
P ublic H ealth Service.
Commissioner
of
L abor.
Charles P. Neill, of the District of Columbia, to be Commis
sioner of Labor, Department of Commerce and Labor, to take
effect February 1, 1913. (Reappointment.)
M ississippi R iver Com m ission .
Lieut. Col. Lansing H. Beach, Corps of Engineers, United
States Army, for appointment as member of the Mississippi
River Commission, provided for by the act of Congress ap
proved June 28, 1879, entitled “ An act to provide for the
appointment of a ‘ Mississippi River Commission,’ for the im
provement of said river from the Head of Passes near its
mouth to its headwaters,” vice Col. William T. Rossell, Corps of
Engineers, United States Army, to be relieved.
E xecutive Council
of
P orto R ico.
The persons herein named for appointment as members of
the Executive Council of Porto Rico, provided for in section is
of the act of Congress approved April 12, 1900, entitled “An
act temporarily to provide revenues and a civil government for
Porto Rico, and for other purposes.”
Frank Martinez, of Porto Rico, to take effect January 9, 1913
vice Rafael del Yalle.
Luis Sanchez Morales, of Porto Rico, to take effect January
16, 1913. (Reappointment.)
A rm y .
R egisters
CAVALRY ARM.
i
in the
Passed Asst. Surg. Victor G. Heiser to be surgeon in the
Public Health Service, United States, to rank as such from
October 1, 1912, in place of Surg. Arthur H. Glennan, promoted
Asst. Surg. Joseph R. Ridlon to be passed assistant surgeon ip
the Public Health Service, United States, to rank as such from
October 24, 1912.
of the
L and Office.
W. Hall Irons, of South Dakota, to be register of the land
(Reappointment.)
Lieut. Col. Augustus P. Blocksoru, Sixth Cavalry, to be colonel office at Chamberlain, S. Dak.
Bryson P. Blair, of Colorado, to be register of the land office
from January 1,1913. (Under the provisions of an act of Con
gress approved March 3, 1911, for advancement in grade in ac at Montrose, Colo., his term expiring January 17, 1913. (R e.
cordance with the rank he would have been entitled to hold had appointment.)
John R. McFie, of Santa Fe, N. Mex., to be register of the
promotion been lineal throughout his arm since the date of his
land office at Santa Fe, vice Manuel II. Otero, term expired.
entry into the arm to which lie permanently belongs.)
■
A
-""'
1913.
CONGRESSIONAL RECORD— SENATE.
guiltj\as charged in this article and 20 Senators have responded
that lies.is not guilty as charged in this article. More than
two-thirds having voted that the respondent is guilty, the Senate
has adjudge^ that the respondent is guilty as charged in the
article.
\
The reasons filed by Senators are as follows: :
By Mr. BRAMDEGEE: I vote “ not guilty” on article 13
because it alleges?*)flenses some of which nre alleged to have
been committed by the respondent while he was a judge of the
United States district;, court, which office he does not hold at
present and did not liotd at the time the articles were adopted
by the House of Represf^tatives^and also because it is impos
sible to separate the offenses alleged to have been committed
as district judge from tho^tjtReged to have been committed as
circuit judge and because I,<nigmt think all the allegations have
been proved.
By Mr. POIXDEXTLifi : Mr. P oindexter stated, as to article
13. that while it includes particular acts charged in other arti
cles it, nevertheless/Tharges a disti%t offense, in that it charges
that the respondent made a regular\usiness for profit of such
acts.
By Mr. D IP T O X T : Reasons filed b j^ e n a to r du P ont with
respect to certain votes cast by him during this session:
My vote' of “ not guilty ” upon the articles of impeachment
against Judge R. IV. Archbald numbered 7, B, 9, 10, 11, 12, and
13 was based, in the main, upon the fact that the offenses
therein charged were alleged to have been committed prior to
.Tanuaj»r31, 1911, when he was not holding liis present office.
Iiv ifijr jadgment, the legality of the impeachment, so far as
sujjroffenses are concerned, is questionable, and, in any event,
h ^ 'eeed en t fraught with danger is created..
Jy Mr. OW EN: Views of Mr. O w en on articles 7, S, 9, etc.:
f Impeachment is the exercise o f political power and not the
exercise of mere judicial authority under a criminal code. Im
peachment is the only mode of removing from office those per
sons proven to be unfit because of treason or high crimes or
misdemeanors.
Whether these crimes be committed during the holding of a
present office or a preceding office is immaterial, if such crimes
demonstrate the gross unfitness of such official to hold the great
offices and dignities of the people.
A wise public policy forbids the precedent to be set that pro
motion in office of a criminal precludes his impeachment on the
ground of his discovered high crimes and misdemeanors in a
previous office, from which he has just been promoted.
For these reasons, it is my judgment that articles 7. 8, 9,
etc., in so far as they charge crimes committed by R. W.
Archbald while United States district judge comprise impeach
able offenses and may be alleged against him as judge of the
Commerce Court.
Mr. O’GORMAN. I offer the following resolution.
The PRESIDENT pro tempore. The Senator from 'Sgrf York
offers an order, which will be read to the Senate.
Mr. JONES. Before that order is presented, I Wish to make
a parliamentary inquiry.
The PRESIDENT pro tempore. The Senator from Washing
ton will state it.
*
jr
Mr. JONES. My inquiry is whether .Those who asked to be
excused from voting will be conside^d as present on the roll
call? The Constitution requires UlSt a vote of two-thirds of
those present will sustain the autfcle, and the inquiry is if the
vote announced by the Chair o f the number voting guilty was
two-thirds of those present? j
The PRESIDENT pro tempore. The Chair knows of no way
o f determining the presence of Senators except by the recorded
vote.
U
Mr. JONES. A lyJmber of Senators were excused from this
roll call, and it seems to me that they should be counted as
Present.
/'
/
The PRESIDENT pro tempore. The Chair has no right to
count anyone^ who has not voted.
/
Mr. ROOT. I call for the regular order.
/
The PRESIDENT pro tempore. The Senator from New York
[Mr. O’GpitMAN] presents a resolution in the nature of an order,
which will be read.
The Secretary read as follow s:
\
Mr. ROOT. That can be done at any time.
It is not neces
sary that it be filed now.
Mr. WARREN. At any time within two days.
By Mr. POINDEXTER: The statement submitted by Mr.
P oindexter is as follow s: As to articles 7, 8, and 9, although
the offenses charged were committed while the respondent
was district judge and before he was appointed circuit judge,
yet, since the penalty for impeachable offenses is not only
forfeiture of office hut disqualification to hold office there
after, Ittam o f opinion that the offenses charged in these arti
cles, although committed before respondent's appointment as
circuit judge, nevertheless disqualify him, on impeachment
therefor, -from holding office as such circuit judge or as judge
of the Commerce Court. There is no statute of limitations nor
law of limitations in impeachment proceedings.
The PRESIDENT pro tempore. The Senator from New York
[Mr. R oot ] moves that the doors b e closed in order that the
Senate mayMeliberate in private. The question is on the mo
tion of the Senator from New York.
The motion was agreed to.
The managers on the part of the House and the eoiinsel for
the respondent; withdrew from the Chamber.
The galleries.having been cleared, the Senate (as 3 o'clock
and 50 minutes p. m.) proceeded to deliberate with dosed doors.
At 4 o’clock and 20 minutes p. m. the doors were ^reopened.
Mr. Worthington. Mr. Robert W. Archbald, p\, and Mr.
Martin, of counsel for the respondent, appeared in the seats
provided.for them.
The managers on, the part of the House o f ,Representatives
appeared in the seats provided for them.
£
The PRESIDENT pro tempore. What is ttfe pleasure of the
Senate?
%
f
Mr. O’GORMAN. Mr. President, I should like to have the
order which I presented read, and then I.shall ask for a vote
upon it.
£
The PRESIDENT pro tempore. The Senator from New
York asks that the order which he presents be read.
The Secretary read the order, as follows:
O r d e r e d , That the respondent, Robert Wj'Archbald, circuit judge of
the United States from the third judicial circuit, and designated to
serve in the Commerce Court, be removed from office, and be forever
disqualified from holding and enjoying any office of honor, trust, or
profit under the United States.
t
Mr. OLIVER. I ask for a division of the question.
The PRESIDENT pro tempore.; The Senator from Pennsyl
vania desires a division of the question. The Chair will direct
that the first part of the proposed order, beginning with the
word “ Ordered ” and concluding with the word “ office,” be
first submitted to the Senate. That portion will now be stated
by the Secretary.
The Secretary read as follows:
O r d e r e d , That the respondent, Robert W. Arcbbaid. circuit judge of
the United States from the third judicial circuit, and designated to
serve in the Commerce Court, be removed from office.
The PRESIDENT pro tempore. The question is on the adop
tion of the first portion of the proposal order, which has just
been read.
The first portion of the order was ngm?d to.
The PRESIDENT pro tempore. The question now is upon
the concluding portion, of the order, whqgh the Secretary will
read.
The Secretary read as follows:
And be forever disqualified from holding and Enjoying any office of
honor, trust, or profit finder the United States. \
The PRESIDENT,pro .tempore.. ./.Um oueptHm is upon agree
ing to the portion o f the order just
n\
Miv PENEd SE and Mr. LA FOLLETTE called fot-Hiio. yeas
and”*yeas.
..............................
YEAS—39.
La Follette
r Culberson
Ashurst
Martin, Va.
Cummins
Borah
Dixon
Martino, N. J.
Bourne
Fletcher
Newlands
Bristow
Gore
O'Gorman
Brown
Gronna
Owen
Bryan
Hitchcock
Page
Chamberlain
Johnson, Me.
Perkv
Clapp
Kenyon
Clarke, Ark.
Poindexter
Kern
Crawford
Pomerene
,, O r d e r e d . That the respondent, Robert W. Archbald, circuit jttdge of
NAYS—35.
tnq.'Tnitcd States from the third judicial circuit, and designated to Bacon
Curtis
Nelson
in the Commerce Court, be removed from office and be fo*cvcr
du Pont
Oliver
^qualified from holding and enjoying any office of honor, trust,\or Bankhead
Foster
Brandegee
Paynter
IR’otit under the United States.
Gallinger
.Burnliam
Penrose
•Tones
Mr. ROOT. Mr. President, I move that the doors be closed Ihufion
Perkins
Lippitt
Cate#!
Ricliaj'dson
for deliberation upon the sentence to he imposed by the Senate. ClarkiwKio.
Lodge
Root
Mr. POINDEXTER. Will the Senator from New York yield Crane
McCumber
Sanders
to me just a moment that 1 may file a brief statement?
Cullom
^ ^ McLean
Smith, Ga.
X L IX ------92
7 ^
suited—yeas 39, nays 35, as follows:
Rood
Shively
Simmons
Smith, Wriz.
Smith. Md.
Stone \
Swanson
Tillman
Williams v
1
Smoot
Stephenson
Sutherland
Thornton
Townsend
Wa rren
Wetinore
Works
I
CONGRESSIONAL RECORD— HOUSE
1448
Bradley
Briggs
C hilton
Dillingham
NOT VOTING— 20.
Gamble
Gardner
Guggenheim
Ueiskell
Jackson
Johnston, Ala.
Johnston, Tex.
Lea
Massey
Myers
Overman
Percy
Smith, Mich.
Smith, S. C.
Watson
J a n u a r y 13
Mr. SMOOT. I f we adjourn uoav, without the unfinished
business being temporarily laid aside, will it displace the Un,
finished business?
Mr. CRAWFORD. I did not suppose the unfinished business
would be affected in its status by an adjournment.
88
Mr. BORAH. Tbe matter of adjournment does not affect the
The PRESIDENT pro tempore. Upon the question of the
adoption of the latter part of the order, which has just been status of the unfinished business.
The PRESIDENT pro tempore. The question is on agreeing
read, the “ yeas” are 39 and the “ nays” 35. The “ yeas”
have it, and the latter part of the order is adopted, as well as to the motion of the Senator from Kansas that the geu.,!8 i
/
the first, and the entire order is adopted. Is it the pleasure of adjourn.
The motion was agreed to, and (at 4^o’clock and 40 minutes '
the Senate that the Presiding Oilicer shall now pronounce the
p. m.) the Senate adjourned until to-iqerroAV, Tuesday, JanuVrU
judgment of the Senate?
7‘ i
Mr. Manager CLAYTON. Mr. President, I desire that the 14, 1913, at 12 o’clock meridian.
Senate take appropriate action to communicate its judgment to
the House of Representatives and the Executive Department.
H O U S E O F R E P R E S E N T A T IV E S .
The PRESIDENT pro tempore. The Senate has not yet pro
nounced judgment. That will be for the Senate to do.
Fall
M
JUDGMENT OF THE SENATE.
The PRESIDENT pro tempore (Mr. B acon ) thereupon pro
nounced the judgment of the Senate as follow s:
The Senate therefore do order and decree, and it is hereby
adjudged, that the respondent, Robert W. Archbald, circuit
judge of the United States from the third judicial circuit, and
designated to serve in the Commerce Court, be, and he is hereby,
removed from office; and that lie be, and is hereby, forever dis
qualified to hold and enjoy any office of honor, trust, or profit
under the United States.
OPINIONS OF SENATORS FILED AND PUBLISHED CY ORDER OF THE
SENATE SITTING ON THE TRIAL OF THE IMPEACHMENT OF ROBERT
W . ARCHBALD, CIRCUIT JUDGE OF THE UNITED STATES FROM THE
THIRD JUDICIAL CIRCUIT, AND DESIGNATED TO SERVE IN THE
COMMERCE COURT.
OPINIONS OF SENATOR ROOT AND SENATOR LODGE.
o nday
,
January 13, 1913.
The House met at 11 o’clock a. in. .
The Chaplain, Rev. Henry N. Couden, D. D., offered the fo l
lowing prayer:
We come to Thee, O God, our heavenly Father, to reneAv our
allegiance to Thee, to add to our spiritual strength, for \ e
~
realize that the crowning glory of each man’s life is character
Strengthen us that we may resist evil and make us strong t0
‘
overcome temptation, that we may fulfill the obligations of this
day, and keep our character free from the contamination of
sin by doing all things in accordance with Thy Avill. Hear us
and thus bless us, in tbe name of Jesus Christ our Lord. Amen’
Tbe Journal of the proceedings of Saturday, January 11 , uji;,’
Avas read and approved.
J’
MEMORIAL SERVICES.
The SPEAKER. In connection with setting the date for the
memorial services for the late Representative' W edemeyf.r
t
the Chair desires to make a suggestion to the House so that
Members may take it under consideration. It has always ap
peared to the Chair that 12 o’clock on Sunday is a very incon
venient hour at Avhich to have these services. The suggestion
of the Chair is that they he set for 2 or 3 o’clock on that day
The Chair would be glad to have the Members consider this
matter among themselves.
In the impeachment of Robert W. Arc-hbald, January 13, 1913:
I have voted that the respondent is guilty under articles 1 . 2,
3, 5, G and 13, because I find that he used the power and influ
,
ence of his office as judge of the Court of Commerce to secure
favors of money value for himself and his friends from railroad
companies, some of which were litigants in his court and all of
which Avere under the regulation of the Interstate Commerce
Commission, subject to the review of tbe Court of Commerce.
TOST OFFICE APPROPRIATION BILL.
I consider this course of conduct, and each instance o f it, to
Mr. MOON of Tennessee. Mr. Speaker, I move that the House
be a high crime and misdemeanor.
I hare voted “ not guilty,” upon the other articles, because, resolve itself into the Committee of the Whole House on t]le
while most of them involve improper conduct, I do not consider state of the ..Union for the further consideration of the bill
II. R. 2714S, the Post Office appropriation bill.
that the acts proved are high crimes and misdemeanors.
Tbe motion was agreed to.
I have no doubt that the respondent is liable to impeachment
Accordingly the House resolved itself into tbe Committee of
for acts done while he was a judge of the district court and
the Whole House on the state of the Union for the further con
that the Senate has jurisdiction to try him for such acts.
sideration of the Post Office appropriation bill, with Mr. Garbett
E l iiiu R oot.
in the chair.
I concur in the foregoing, except as to article 4, upon which I
The Clerk read as follow s:
voted the respondent guilty.
Office of the Second Assistant Postmaster General.
H. C. L odge.
The PRESIDENT pro tempore. What is the further pleas
ure of the Senate?
Mr. ROOT. I move that the Senate, sitting in the impeach
ment of Robert W. Archbald, do now'adjourn without day.
Mr. GALLINGER. Would it not be proper, before that is
done, to direct that the action of the Senate be communicated to
the House of Representatives?
The PRESIDENT pro tempore. That is for the Senate.
Mr. GALLINGER. I would then move, Mr. President, that
the action of the Senate ifi the case of the impeachment of
Robert W. Arclibald be communicated to the House of Repre
sentatives and to the President of the United States.
The motion was reduced to writing and agreed to, as follows:
Mr. MADDEN. Mr. Speaker, has the item Avith relation to
the pay and arrangement for substitute carriers and clerks been
passed O r
Aer?
The CHAIRMAN. That was passed over, to be called up at
the suggestion of the Chair.
The Clerk read as follows:
For inland transportation hy star routes in Alaska, $450,000: P r o .
That out of this appropriation the Postmaster General is author
ized to provide difficult or emergency mail service in Alaska, including
the establishment and equipment of relay stations, in such manner as
he may think ad\risable, without advertising therefor.
v id e d
Mr. SHARP. Mr. Chairman, I offer the following amend
ment, which I send to the desk and ask to liaAre read.
The Clerk read as folloAvs:
Page 10, line 7, after the word “ stations,” insert the words “ and
R e s o l v e d , That the Secretary be directed to communicate to the Presi
transportation
dent of the United States and to the House of Representatives the fore theMr. MOON of of mail by aeroplane or other air craft.” the point
Tennessee. Mr. Chairman, I make
going order and judgment of the Senate and transmit a certified copy of
the same to each.
of order on that.
The PRESIDENT pro tempore. The question now is on the
motion of the Senator from New York [Mr. R oot] that the
Senate sitting for the consideration of the articles of impeach
ment presented against Robert W. Archibald do now adjourn
sine die.
The motion was agreed to.
The managers on the part of the House of Representatives,
and Mr. Worthington, Mr. Robert W. Archbald, jr., and Mr.
Martin, of counsel for the respondent, thereupon ivithdrew.
The PRESIDENT pro tempore. The Senate is now in legis
lative session.
Mr. CURTIS. I move that the Senate adjourn.
Mr. SHARP. Mr. Chairman, will the gentleman from Tennes
see reserve his point of order for a feA Tminutes?
A
Mr. MOON of Tennessee. Mr. Chairman, I will reserve the
point of order for five minutes.
Mr. SHARP. Mr. Chairman, I very much hope that the
chairman of this important committee will not insist upon lfis
point of order. Nearly a year ago, when this same committee
reported out its bill for appropriations to take care of the
post-office service, I offered an amendment appropriate >.0,090
for carrying mail by aeroplane or other air craft. . •• wm
no point of order made at that time, which, of tour .. while 4
it serves no precedent, still called for an extra
,u ... u.
1913.
CONGRESSIONAL RECORD— SENATE.
reservations on national lands; to tlie Committee on Agri
culture.
By Mr. UNDERHILL: Petition of the Central Federated
1 nion of New York and Vicinity, protesting aganst the passage
of the Kenyon-Sheppard hill; to the Committee on the Judiciary.
Also, petition of the American Federation of Labor, favoring
the passage of Senate bill 3, for Federal aid to vocational
education; to the Committee on Agriculture.
By Mr. WICKERSHAM: Petition of resident fishermen of
Ketchikan, Alaska, praying for the passage of legislation pro
hibiting the setting of fish traps in the tidal waters of Alaska;
to the Committee on the Territories.
By Mr. WILSON of New Y ork: Petition of the National
Academy of Design, of New York, protesting against any action
«> the part of Congress conflicting with the design set forth by
n
the Washington Park Commission for the development of Wash
ington; to the Committee on the Library.
Also, .petition of the Italian Chamber of Commerce of New
York, protesting against the passage of Senate bill 3375, for
the restriction of immigration; to the Committee on Immigra
tion and Naturalization.
By Mr. WOOD of New Jersey: Petition of the Presbyterian
Synod of New Jersey, favoring the passage of legislation to
enforce the proper observance of the Sabbath in the District of
Columbia; to the Committee on the District of Columbia.
Also, petition of the Presbyterian Synod of New Jersey, favor
ing the passage of the Kenyon-Sheppard bill, prohibiting the
shipment of liquor into dry territory; to the Committee on the
Judiciary.
SEN ATE.
T u e s d a y . January 14, 1913.
Prayer by the Chaplain, Rev. Ulysses G. B. Tierce, D. D.
The Secretary proceeded to read the Journal of yesterday s
proceedings, when, on request of Mr. G allingkr and by unani
mous consent, the further reading was dispensed with and the
Journal was approved.
1‘BAIRIE COUNTY, ARK., V. THE UNITED STATES (S . DOC. NO.
1003 )j
The PRESIDENT pro tempore (Mr. B acon ) laid before 1
j
•Senate a communication from the assistant clerk of the Cujprt
of Claims, transmitting a certified copy of the findings of fact
end conclusion filed by the court in the cause of Pjjfiirie
County, Ark., v. The United States, which, with the a e o o i^ r p a n y mg paper, was referred to the Committee on Claims andOrdered
to be printed.
PRESERVATION OF NATIONAL ARCHIVES.
The PRESIDENT pro tempore. The Chair presents a com
munication from the president o f the New Hampshire Historical
Society-----M
Mr. GALLINGER. I ask that it may be readj&so that it may
go in the R ecord.
The PRESIDENT pro tempore. If will be ad, as requested
by the Senator from New Hampshire.
The communication was read, as follows^
To
Washington, D.
the P r e s id e n t
pro t e m p o r e of t h e S e x a t
W a sliin yto M , D .
January
C.
11, 1913.
Sir : At the annual meeting of the New Hampshire Historical Society,
which was fully attended, on January 0, 19JB, the society voted unani
mously in favor of an appropriation by m e Congress of the United
States for the erection of a building for thafpreservation of the national
archives at Washington.
#
As president of the society, I am di/rcted to communicate to the
Senate the fact that tnis vote was passfn.
So urgent is the need, and so worth/ the object, that I indulge file
"°pe that at the present session a su a b le appropriation will be voted
''y the Senate. 1 have the honor to jfe
Your obedient servant,
f
in that city, which was referred to the Committee>fm Public
Buildings and Grounds.
A
Mr. WORKS presented a memorial of sundry citizens of Los
Angeles Counts', Cal., remonstrating against a induction of the
duty on sugar, which was referred to the Connrfittee on Finance.
Mr. JACKSON presented a petition of sundry citizens of Mont
gomery Counts’, Md., praying that an appropriation be made
for the construction of a public highway from Washington,
D. C., to Gettysburg, Pa., as a memospU to Abraham Lincoln,
which was ordered to lie on the tab|£.
He also presented a petition oLaundry citizens of Princess
Anne, Md., praying for the passage of the so-called KenyonSheppard interstate liquor bilLjwliich was ordered to lie on
the table.
Mr. BRISTOW presented repetition of the congregation of the
Metropolitan Presbyterian fiSEurch, of Washington, I). C., pray
ing for the passage of the#o-called Kenyon “ red-light” injunc
tion bill, which was ordered to lie on the table.
Mr. O'GORMAN presented a petition of sundry assistant in
spectors of steam vesgpfs at the port of New York, praying that
they be granted anjmerease in their salaries, which was re
ferred to the ComnfTrtee on Appropriations.
He also presented a resolution adopted by the Board of Aidermen of Buffalo, m. Y., favoring the selection of the name “ City
of Buffalo” foiGmie of the proposed new battleships, which was
referred to
Committee on Naval Affairs,
Mr. L
presented the memorial of Joseph R. Churchill,
of Dorches , Mass., and a memorial of members of the Massaeliusetts
Alliance, remonstrating against the enactment
of legi
providing for the parole of Federal life prisoners,
which
e ordered to lie on the table.
He
presented petitions of sundry citizens of West Newton
Newtonville, in the State of Massachusetts, praying
for le passage of the so-called Kenyon-Sheppard interstate
li
r hill, which were ordered to lie on the table,
e also presented a resolution adopted by the Woman’s Club.
Fall River, Mass., remonstrating against transferring the
ontrol of the national forests to the several States, which was
referred to the Committee on Forest Reservations and the Pro
tection of Game.
He also presented a petition of sundry citizens of Lee, Mass.,
praying for the enactment of legislation providing for the pro
tection and preservation of migratory birds, which was ordered
to lie on the table.
Mr. WETMORE presented a petition of Nanaquaket Grange,
of Tiverton, R. I., and a petition of North Scituate Grange.
Patrons o f Husbandry, praying for the establishment of agri
cultural extension departments in connection with State agri
cultural colleges, which were ordered to lie on the table.
NATIONAL AERODYNAMICAL LABORATORY.
Mr. WARREN, from the Committee on Appropriations, to
which was referred the bill (S. S053) to authorize the creation
of a temporary commission to investigate and lflfcke recom
mendation as to the necessity or desirability of establishing a
national aerodynamical laboratory, and prescribing aie duties
of said commission, and providing for tlie expenses tlSreof. re
ported it without amendment and submitted- a repfert (No.
3107) thereon.
f
BILLS INTRODUCED.
/
Bills were introduced, read the first time, and, by janauimous
consent, the second time, and referred as follows: /
By Mr. BBISTOW :
/
A bill (S. 8107) granting an increase of pensioft to Minnie A.
Piety; to tlie Committee on Pensions.
By Mr. GALLINGER:
a " bill (S. S10S) authorizing the purchase or acquisition of
the aviation field at College Park, Md., and property adjacent
thereto for aviation, maneuvers, and other military purposes
F rank W. H ackett,
(with accompanying papers) ; to the Committee on Military
w H a m p sh ire H isto r ic a l S o c ie ty .
Mr. GALLINGER. I m o v /th a t the communication be re Affairs.
By Mr. McLEAN :
ferred to the Committee on Appropriations and be printed.
A" bill (S. S309) granting an increase of pension to Anna M.
The motion was agreed
Thomas (with accompanying papers) ; to the Committee on
fs AND MEMORIALS.
Pensions.
By Mr. GUGGENHEIM:
Mr. GALLINGER presented petitions of the Union Evangelis
A hill (S. 8310) authorizing the Secretary of War, in his
tic Committee of sundry churches of Nashua, and of the con
gregations of the Central Congregational Church, of Derry, and discretion, to deliver to the city of Trinidad, Colo., two con
" f the First Baptist /h u rch of Nashua, all in the State of New demned bronze or brass cannon, with their carriages and a
Hampshire, praying for the passage of the so-called Kenyon- suitable outfit of cannon balls; and
A bill (S. 8111) authorizing the Secretary of War, in his
Sheppard interstate liquor hill, which were ordered to lie on
discretion, to deliver to the city of Rocky Ford, Colo., two con
the table.
_ He also presented a petition of White Mountain Council, No. demned bronze or brass cannon, with their carriages and a
Knights of Columbus, of Berlin, N. II., praying that an suitable outfit of cannon balls; to the Committee on Military
appropriation be made for the construction of a public building Affairs.
/
CONGRESSIONAL RECORD— SEX A TE.
By Mr. STONE:
a " bill (S. 8112) to correct tlie military record of Patrick F.
C'irmodv; to the Committee on Military Affairs.
By Mr. PERKINS:
A bill (S. SITU) to amend section 3221 of tlie Revised Statutes
of (lie United States as amended by section 6 of the act of
March 1, 1879; to the Committee on Finance.
By Mr. ROOT:
A bill (S. 8114) to prevent discrimination in Panama Canal
tolls; to the Committee on Interoceanie Canals.
By Mr. O’GORMAN:
A bill (S. S ilo) granting an increase of pension to Gail Ej
Plunkett (with accompanying papers) ; to the Committee
Pensions.
By Mr. GORE:
A bill (S. S110) to amend the judicial system of the Uni
p a tes by increasing the membership of the Supreme Court
lie United States; to tlie Committee on the Judiciary.
By Mr. OWEN:
A bill (S. 8117) for Hie relief of the Iowa Tribe of Indians in'
Oklahoma: to the Committee on Indian Affairs.
A bill (S. 8118) providing means for making effective the
law relating to the publicity of campaign contributions, and
for other purposes; to the Committee on Privileges and Elec
tions.
t„
CONSTITUTIONAL AMENDMENT RELATIVE TO IM PE AC IIM E VfT
J a XUA1;x H
Harold Provost upon the roll of tj^f'^obraska Winnebago r
dians, etc., intended to be proposed by him to the Indian A
propriation bill, which was referred to the Committee 0q
Indian Affairs and ordered to be printed.
He also submitted an amendment authorizing tlie Commit,
sioners of tlie District of.Columbia to strike from tlie plan 0f
tlie permanent system of highways for the District of Colum.
bia Crittenden Street XW „ betwecH^lowa Avenue and Seven
teenth Street, etc., intended to he propfrwd^y’ him to the Dis
trict of Columbia appropriation bill, which was referred to flip
j^fminiittee on the District of Columbia and ordered to- A
^printed.
Mr. OWEN submitted an amendment, proposing to appro.
priate $600,000. being the balance and final payment due tlie ■
loyal Creek Indians on tlie award made by tlie Senate tlie
day of February, 1903, etc., intended to be proposed by him to
the Indian appropriation bill, which was referred to tlie Com
mittee on Indian Affairs and ordered to be printed.
Mr. PERKINS submitted an amendment, providing that tlie J
roceeds arising from the sale of the lands km»wft-ms
m -H River Indian Reservation shall constitute a fund to
Trm i
)e used for the maintenance and education of the Indians auq
hieir children now residing on those lands, etc., intended to be
^proposed by him to the Indian appropriation bill, which iyaH
referred to tlie Committee on Indian Affairs ami ordered to be
printedIOWA INDIANS.
Mr. POMERENE. I introduce a joint resolution, and ask that
Mr. OWEN submitted the following resolution ( S- Res.
it may lie on the table until I call it up oil a subsequent day.
429), which was read and referred to the Committee on Indian
I also ask that the joint resolution may be read.
The joint resolution (S. J. Res. 152) proposing an amend] Affairs:
R
That the hill (S. 8117) for the relief
Indians,
inent to the Constitution relating to impeachment was read tlij withe s o l v e daccompanying papers, including Senate of the Iowa No. 4SG,
the
Document.
first time by its title and tlie second time at length, as follows
Six tv-second Congress, second session, be, and the isame is hereby,^-
I
(
First, that clause 5 of section 2 of Article I of the Constitution he
amended so as to read as follows:
“ Tlie House of Representatives shall choose their Speaker and other
officers, and shall have the sole power of impeachment, except, how
ever, that the Congress may provide by law for other methods of im
peachment for all civil officers of the United States except the Presi
dent, Vice President* and members of the Supreme Court.”
Second, that clause 6 , section 3, of Article I of the Constitution he
amended so as to read as follows:
“ The Senate shall have the sole power to try all impeachments.
When sitting for that purpose Senators shall be on oath or affirmation.
When the President of the United States is tried the Chief Justice snail
preside ; and no person shall be convicted without the concurrence of
two thirds of the members present; except, however, that the Congress
may provide by law for other causes of impeachment than those now
provided for and other methods for the trial of all civil officers except
tlie President, Vice President, and members of the Supreme Court.”
R e s o lv e d b y th e S e n a te an d R o u s e o f R e p r e s e n ta tiv e s o f th e U n ite
S t a t e s o f A m e r i c a in C o n g r e s s a s s e m b l e d
t w o -t h i r d s o f e a c h H o u s e cons
c u r r in g t h e r e i n ) :
ferred to the Court of Claims for a finding of fact and concliis^—
of law, under the provisions of the .act approved March 3,c°aclusi°ns
1011 ,
entitled “An
judiciary.” act to codify, revise, and amend the laws relating to the
V
RURAL BANKING SYSTEM IN VIRGINIA (S . DOC. NO. 1 0 0 G ).
Mr. FLETCHER, I ask to have printed as u document a pro
posed plan for the organization of a rural banking system ip
Virginia. It is a paper prepared by Charles Hall Davis, a dis
tinguished attorney of Petersburg, Va. I make this request
with the idea that it may be of use throughout the country. i t
is simply a plan on the subject of rural banks. It is not a very
long paper, and I should like to have it printed as a document.
The PRESIDENT pro tempore. The Senator from Florida
asks unanimous consent that the paper relative to rural bank
ing may be printed as a Senate document. Is there objection?
The Chair hears none, and it is so ordered. Are there any con
The PRESIDENT pro tciripore. The joint resolution will lie current or other resolutions to be offered? If not, the morning
on the table in accordance with tlie request of the Senator from business is closed.
MEMORIAL SERVICES FOR THE LATE REPRESENTATIVE W. W.
Ohio.
AMENDMENTS TO APPROPRIATION BILLS.
WEDEMEYER.
Mr. CATRON submitted an amendment proposing to appro
priate $121,600 for the support and education of 400 Indian
pupils at the Indian school at Albuquerque, N. Dies., and
$124,600 for the support and education of 400 Indian pupils at
the Indian school at Santa Fe, N. Mea ., etc., intended to be pro
posed by him to the Indian appropriation bill, which was re
ferred to the Committee on Indian Affairs and ordered to be
printed.
Mr. GALLINGER submitted an amendment proposing to in
crease the appropriation for tlie salaries of the day watchmen at
tlie parks in the District of Columbia from $720 per annum to
$900 per annum, etc., intended to be proposed by him to the
legislative appropriation bill, which was ordered to lie on the
table and he printed.
Mr. MVEILS submitted an amendment proposing to appro
priate $18 to pay Henry McClain for services in carrying the
mail between Carlton, Mont., and the Northern Pacific Railway
station, from August 1 to September 13, 1907, etc! intended to
he proposed by him to the general deficiency appropriation
hill, which was referred to the Committee on Appropriations
and ordered to be printed.
\
He also submitted an amendment proposing to appropriate
$25,000 for (lie extermination of the Rocky Mountain spotted
fever, 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
$100,000 for surveying public lands in the State of Montana,
etc., intended to be proposed by him to tlie sundry civil appro
priation bill, which was referred to the Committee on Appro
priations and ordered to he printed.
Mr. GUGGENHEIM submitted an amendment authorizing the
Secretary of the Interior to enroll Tilla A, Provost and her son
A message from the House of Representatives, by J. C. South
its Chief Clerk, announced to the Senate that tlie House had
passed a resolution appointing a committee of 15 Members, with
such Members of tlie Senate as may he joined, to attend memo
rial services for Hon. W i l l i a m W. W e d e m e y e r , late a Repre
sentative from tlie State of Michigan, to be hold at Ann Arbor
Mich.
Mr. TOWNSEND. May I ask to have laid before the Senate
the resolutions which have just come from the House?
The PRESIDENT pro tempore laid before tlie Senate the fol
lowing resolutions of the House of Representatives, which were
read:
„
%
I n t h e H o u se ,op R e p r e s e n t a t iv e s ,
J a n u a r y 11 ,
R e s o l v e d . That a committee of 15 Members of the House, with such
Members of the Senate as may he joined, he appointed to attend me
morial services for lion. W il l ia m W . W e d e m e y e r , late a Representa
tive from the State of Michigan, to be held at Ann Arbor. Mich.
R e s o l v e d , That the Sergeant at Arms of the House be authorized and
directed to take such steps as may he necessary for carrying out the
provisions of this resolution, and that the necessary expenses in con
nection therewith be paid out of the contingent fund of the House.
Mr. TOWNSEND. I offer the following resolution and ask
for its immediate consideration.
The PRESIDENT pro tempore. The resolution will be read.
The resolution (S. Res. 430) was read, considered by unani
mous consent, and agreed to, as follow s:
R e s o l v e d , That a committee of six Senators he appointed by the
President pro tempore, to join a committee appointed by the House of
Representatives, to attend memorial services for Hon. W il l ia m
W e d e m e y e r , late a Representative from the State of Michigan, to ha
held at Ann Arbor, Mich., on January 26, 1913, at 2 o’clock p. in.
\ \
The PRESIDENT pro tempore appointed as the committee
on the part of the Senate under the resolution Mr. T o w n s e n d ,
Mr. Smith of Michigan, Mr. J o n e s , Mr. K e n y o n , Mr. A siiuhst’
and Mr. P o m e r e n e .
' " '
1913.
CONGRESSIONAL RECORD— SENATE.
By MrACHAFF:
A bill (S*,8131) granting an increase of pension to Stanley A.
Hlisted (with accompanying papers) ; tortile Committee on
Pensions.
%
.
P»y Mr. TOWXSEXI) (for Mr. S m i t h of Michigan) :
A bill (S. S132p 1,0 remove the'charge of desertion from the
record of Joseph Neveux;
A bill (S. 8133) to ron^fe the charge of desertion from the
record of Joseph Hadden' OPHjh accompanying paper) : and
A bill (S. 8134) to correct iffe-military record o f Capt. Daniel
IT. Powers; to the Committee on Military Affairs.
By Mr. DU PGKT:
A bill (S. 81.3o) granting a pension to Mary Helen Harrison;
A bill (S. 8136) granting an increase of pension to John E.
Devilish; and
A bill (S. 8137) granting a pension to Susan T. Saunders; to
the Committee on Pensions.
Mr. OWEN;
A bill (S. 8138) to authorize the Choctaw and Chickasaw
Nations to bring suit in the Court of Claims, and for other pur
poses; to the Committee on Indian Affairs.
By Mr. JOHNSTON of Alabama:
A bill (S. 8139) for the relief of William IV. Prude (with accompanving papers) ; to the Committee on Military Affairs.
Bv Mr. OWEN:
A bill (S. 8140) to authorize the Choctaw and Chickasaw
Indians to bring suit in the Court o f Claims, and for other
purposes: to the Committee on Indian Affairs.
, By Mr. SMITH of Maryland:
A joint resolution (S. .T lies. 133) granting to tin1 Fifth
.
Regiment Maryland National Guard Ihe use o f the corridors
of the courthouse of the District of Columbia upon such terms
and conditions as may be prescribed by the marshal of the
District of Columbia; to the Committee on the District of Co
lumbia.
AMKXDMEKTS TO THE INDIAN APPROPRIATION BILL.
Mr. CATRON submitted an amendment providing that no part
of the 8200.000 appropriated by the act of April 24, 1912, shall
be used for the purpose of transporting or making settlement
of Apache Indians, prisoners of war at Fort Sill Military Res
ervation, Okla., within the State of New Mexico or State of
Arizona, intended to be proposed by him to the Indian appro
priation bill, which was referred to the Committee on Indian
Affairs and ordered to be printed.
lie also submitted an amendment proposing to appropriate
•
81,(XX) to investigate the conditions on the Northeast Navajo
Indian Reservation, in San Juan County, N. Mex., with respect
to the necessity of constructing a bridge across the San Juan
River, etc., intended to be proposed by him to the Indian ap
propriation bill, which was referred to the Committee on In
dian Affairs and ordered to be printed.
IMPEACHMENT OF ROBERT W. ARCHBALD.
O p i n i o n s of S e n a t o r s P il e d a n d P u b l is h e d b y O rder of t h e
S e n a t e S it t in g on t h e T r ia l of t h e I m p e a c h m e n t of
R obert W. A r c h b a l d , C ir c u i t J udge of t h e U n it e d S t a t e s
f r o m t h e T h ir d J u d ic ia l C ir c u i t , a n d D e s ig n a t e d to S erve
in t h e C o m m erc e C ou rt.
OPINION OF MR. CULLOM.
On articles 1, 2, 3, 5, 9, and 13 I have voted “ guilty” because
I believe the respondent is guilty of high crimes and misde
meanors, as charged in these articles.
The testimony clearly shows, in my opinion, that the re
spondent, by reason of His influence as a judge of the Court of
Commerce, secured for himself and others with whom lie was
associated favors and concessions of value from railroads, which
were, or might he, involved in litigation before the Court of
Commerce. It is evident that these favors and concessions
-j^ere granted by the railroads because they believed it would
rdsult advantageously to them. To refuse the demands of the
r«pondent would result to their detriment.
/ i further believe that by his acts the respondent dishonored,
the high office which he occupied; that he was not honored as
one should be occupying so exalted a position, but was regarded
as a go-between to further the interests of others.
|Vliile I do not believe in the doctrine of recall, yet I do belieije that every judge, State or Federal, should have regard for
liisf oath and (lie law, and if lie violates either he should he
subjected to impeachment. Judges are placed on the bench
conserve and protect the interests o f the people, dealing
with one and all alike, and not to connive with others to de
prive them of justice and fair treatment.
I voted “ not guilts on articles 4, G 7, 8, 10, 11, and 12. be
,
lieving that they do not constitute the offense of high crimes
and misdemeanors, aiid not because the acts were committed
while file respondent was a judge of the district court. In my
opinion the Senate would have jurisdiction to try respondent
if the articles should warrant such action.
S. M. CULLOM.
OPINION OF MR. CUM MINS.
Statement submitted by A lbe rt B. C u m m i n s to accompany
his votes upon the impeachment of Robert W. Archbald.
The material facts relating to articles 1, 2, 3. 4. 5, 7. and 12
are not in dispute. In my judgment, they are stated in the evi
dence of Judge Archbald himself as clearly and strongly as in
any other part of the testimony, Article 13 does nothing more
than to charge a course of conduct which is the legal effect of
the facts established and admitted under the seven articles I
have first enumerated.
The moral quality of the things done by the respondent was
barely mentioned by bis counsel, tmuch less defended. This
pliase o f the matter has been substantially ignored by counsel
for the respondent and they have seemed to rely upon two
MARY CATIICART RANSDELL.
propositions, viz: First, that none of the articles accuse the
Mr. DILLINGHAM submitted the following resolution (S. Res. respondent of an offense indictable under the laws o f the United
431). which was read and referred to the Committee to Audit States and that therefore there can be no conviction in an im
peachment proceeding.
and Control the Contingent Expenses of 1he Senate:
Second, that tlie respondent being a circuit judge can not be
J f ' y o h e d , That the Secretary of the Senate be. and he hereby is,
authorized and directed to pay out of the contingent fund of the impeached for offenses committed during the time he was a
Senate to Mary - atl.cart Uansdell. widow of Daniel M. Ransdell, late district judge.
Sergeant at Arms of the Senate, a sum equal to 12 months’ salary at the
I
not accept either of
believe
rate he was receiving by law at the time of his death, said sum to be thatcan is within the powerthese propositions. Whilea I distinct
it
of Congress to provide
considered as including funeral expenses and all other allowances.
procedure for the ascertainment of the behavior o f a judge ap
THE SENATE CHAMBER.
pointed to hold his office during good behaVior, yet I have no
Mr. REED submitted the following resolution (S. Res. 432), doubt whatever that there may be misconduct in office which
which was read, considered by unanimous consent, and comes within the constitutional phrase “ high crimes or misde
agreed t o :
meanors.” The common law recognized misconduct in office as
U n s o lv e d . That the President of the Senate pro tempore is hereby
not he
authorized to appoint a special committee of five Senators. Said com a crime or misdemeanor; and it can intended fairly questioned
to authorize im
mittee shall investigate and at the earliest practicable date report to that the framers of the Constitution
the Senate whether it is feasible and desirable to improve or remodel peachment for such offenses, even though Congress should never
the Senate Chamber and the rooms thereunto appertaining.
pass a criminal statute. It also seems clear to me that a crime
CHOCTAW AND CHICKASAW INDIANS (S . DOC. NO. 1 0 0 7 ) .
or misdemeanor committed by the respondent while district
Mr. OWEN. I present a paper, being a memorial from the judge which indicates unfitness to hold the office o f Circuit judge
Principal chief o f the Choctaw Nation of Indians, to accompany presents an impeachable offense. The identity in the character
Ihe bill (S. 8138) to authorize the Choctaw and Chickasaw o f/lie duties to be performed and the continuity o f the service
Nations to bring suit in the Court of Claims, and for other ei/i iliasize the correctness of this conclusion.
purposes, introduced to-day by me. I ask that the memorial /N othing remains but to say that the conduct and practices
be minted ns a Semite document, with illustrations, and re Admitted by the respondent under articles 1 , 2, 3, 4. 5* 7, and 12
/w e r e so flagrantly wrong and so obviously in violation of the
ferred in the Committee on Indian Affairs.
civilized sense of honor and propriety on the part o f l i person
The PRESIDENT pro tempore. Without objection, it is
holding the office of judge that they compelled me\to vote
ordered.
“ guilty ” upon each of these articles, and my vote upon article 13
HOUSE BILL REFERRED.
II. R. 27148. An act making appropriations for the service of followed as an inevitable consequence. My vote of “ not guilty ”
the Post (mice Department for the fiscal year ending June 30. upon articles 6, 8, and 9 was because, in my opinion, tfye evi
1914. and for other purposes, was read twice by its title and dence failed in an essential particular in each instance. A like
vote on article 10 was because there was nothing wrong in the
referred to the Committee on Post Offices and Post Roads.
1536
CONGRESSIONAL RECORD— SENATE.
thing actually done by tlie respondent, and a similar vote on
article 11 was because the act admitted, though censurable, does
not warrant impeachment.
J a n u a r y 15
lease upon that and much other property of the Girard estate
which lease was about expired. The Girard estate did not car,,
to lease the dump, and nothing further was done in the nnrfter
Here also it may be said that it would have been better lin'd
OPINION o r .MR. PENROSE.
Mr. PENROSE. I submit a statement of my views on the judge not attempted to engage in business, but no law forbade
it, and admittedly it did not affect him in any way. J
impeachment of Judge Archbald, which I ask may be tiled.
The charge in article 4 is that the judge connmuKcated with
Judge Archbald is Go years of age, and has been upon the
bench 28 years. It is not alleged or proved that he ever counsel on one side of a pending litigation withffmt communi
violated any law or wronged anyone. It is not alleged or cating tlie facts to counsel on the other side, ^appeared that
proved that he ever neglected any duty, denied or delayed jus the case of the Louisville & Nashville Railroful Co. v. Inter
,
tice, was partial to any litigant, or even impatient with or dis state Commerce Commission had been argued1in tlie Commerce
courteous to counsel or clients in any case. On the contrary, it Court, and in consultation the judges of tlMt court had deter
was expressly admitted by the managers who were presenting mined to decide the case against the railroad. Judge Arch
the case that his integrity, both as a judge and as a man, were bald dissented from that conclusion, and in tlie course of writ
incontrovertible; that he was able, industrious, and impartial ing liis dissenting opinion discovered that there was a mistake
in the performance of his judicial duties and of good behavior in the typewritten testimony. He wrote to the counsel who
on the bench. His private and public life, so far as lias been offered that deposition in evidence tq And if he was not correct
either charged or proved, is stainless; and it was shown that in that conclusion, and upon receiving a reply that he was he
the people where lie lives and has lived for nearly G years, pasted that letter on tlie margin of the testimony where every
O
tlie lawyers who practice before him, and his associates on the body could see it. Subsequent ly jie wrote to tlie same counsel
bench, respect, esteem, and love him. It would be supposed in regard to a claim that thei^'appeared in tlie evidence proof
from those admitted facts that there could be no doubt tliat that the commodity rates wlpffi had been part of tlie litiga
lie was a faithful public official and ought to be retained in liis tion before tlie Interstate Commerce Commission showed fre
office. Yet he is charged in each of the 13 articles of-impeach- quent changes from whaix^vas known as the Cooley award,
ment with being guilty of a “ high crime and misdemeanor,” a which formed the basis g# a ll rates in the territory where the
charge wholly inconsistent with the facts admitted by the man railroad operated. The^nsw er showed that the case in the
agers themselves, as above stated. Under such circumstances Commerce Court had umbhig to do with commodity rates, be
but little need be said touching each charge, but they will each cause that matter hagf not yet been decided by the Interstate
Commerce Commission. He did not show either letter to coun
be briefly referred to.
The facts touching article 1 show that a gentleman named sel on the other s i0 . nor did either letter have anything to do
John 31. Robertson owned the Katydid culm dump, and that he with the decisioiutif the case, the opinion in which, so far as
was washing the coal from it when his wasliery burned down. relates to thesegffwo matters being written by another judge
He was required by his lease to pay royalty to the Hillside and decided upqli grounds not referred to in either letter.
Article 5 cltaTged that the judge received $500 for attempting
Coal & Iron Co., a subsidiary of the Erie Railroad Co., for all
the coal taken from the dump, and that company in turn paid to induce ttorPhiladelphia & Reading Coal & Iron Co. to sell
royalty to the Everhart heirs, who owned a half interest in tlife a culm dump to one Frederick Warlike. Six witnesses testified
land from whicli the coal in the dump had been taken. Judge that thayfnarge was untrue and no one testified that it was.
Archbald’ and Edward J. Williams obtained an option from Mr. The $50<jffvas in fact paid as a commission for effecting tlie sale
Robertson by which they were to pay him $3,500 for his interest of a 110 belonging to the Lacoe & Shiffer Coal Co. to tlie
in the dump, and upon application to the Hillside Coal & Iron Premier Coal Co. Of that commission the judge received $250,
Co. its general manager said he would recommend a sale of its but M e matter had no connection whatever with Mr. Warlike
interests for $4,500, thus capitalizing the royalties it would anjjftlie Philadelphia & Reading Coal & Iron Co.
.The allegation in article 6 that the judge used his influence
otherwise have received.
The matter never was consummated, because the Everhart Iff induce the Leliigli Valley Railroad Co. to purchase from
heirs disputed the right to dispose of their interest. The E rie,Abe Everhart heirs their interest in 600 acres of land had no
Railroad Co. had been a litigant before the Commerce Court,;1■evidence to support it, nor would it have been a high crime
of which Judge Archbald was a member, but the litigation was and misdemeanor had the fact been so.
then pending in the Supreme Court of the United States, abd
Article 7 charged that the judge corruptly agreed to pur
the judge did not take part in the decision of any case in Ajmcli chase from one W. W. RIssinger an interest in a gold-mining
that road was interested during or after the time of thesmiiogo- scheme in Honduras; that while that matter was pending lie
tiations. It was alleged in the articles of impeachment t T the acted as judge at the trial of a case in which RIssinger was
jp t
dump was of greater value than the price being paid foJrit, but largely interested and indorsed a note for $2,500, which was
that claim was abandoned at the trial. It may be thatejt would duly discounted and the proceeds of which was to pay for the
have been better had the judge not engaged in any either busi interest in the gold-mining scheme. The evidence uncontraness than in the performance of his judicial duties, bait until the dictedly showed that the note was indorsed five days after
doing so is forbidden by law tlie fact that he or any’ other judge the case was ended, that it was not given for stock, but was
does so can not make their act a “ high crime and Misdemeanor.” purely for the accommodation of Rissinger, who had been ;i
Especially can no inference of improper conduct be drawn as scholar in the judge’s Bible class, and that the stock was held
against Judge Archbald, in view of the express ^ m ission s above by the judge as collateral security for the payment of the note.
Articles 8 and 9 charged that the judge indorsed a note for
stated.
#
In article 2 the judge is charged with assisting in tlie settle $500, which he caused to be presented to C. G. Boland and
ment of certain pending litigation between tJie Delaware, Lacka W. P. Boland, who were interested in the company which was
wanna & Western Railroad Co. and tlie Marian Coal Co. for a a party litigant in liis court, and when they refused to discount
consideration to be paid him in case the/settlement was made. it he caused it to be presented to one C. II. Von Storch, who
At the trial the claim that lie was to be paid was abandoned. had been a litigant in liis court some time before, and that
The facts showed that one C. G. Roland, a neighbor and friend Von Storch caused his bank to discount it. The facts were
of Judge Archbald for over 30 years* employed one George 31. shown to he that tlie judge indorsed the note as an accomnioWatson, an attorney in Scranton, to try and settle that litiga dation to a friend, who alone arranged all the matters stated.
tion. Watson asked Judge Archbald to introduce him (Watson) All agreed that the judge saw no one in relation to the matter
to the proper official o f the railroad. The judge wrote several and that tlie only correspondence or conversation he had was
letters and had several interviews with officials of the railroad with Von Storch, who called him up on the telephone to inquire
to arrange for meetings between them and Watson, but took if the indorsement was genuine. No one pretends that the
part in no negotiations touching tile matter. 3Iucli o f that judge ever did anything further in regard to the matter.
which the judge did was dime at tlie request of his friend
Article 10 charges that in 1910 the judge went to Europe at
Boland, who urged tlie judge to do what he did because lie the expense of and as the guest of Henry W. Cannon, who was
(Roland) feared that liis brother, who was largely interested in a director and officer of several corporations who might be
tlie 3Iarian Coal Co., wchild lose his mind if tlie case was not come litigants in tlie judge’s court, which then was tlie middle
settled. It never was settled, and nobody was in any way district of Pennsylvania. The facts were that the corporations
harmed or wronged. To some it may seem that it would have were tlie Great Northern Railroad and certain Pacific coast
been better had tlie judge not tried to help his old friend, but corporations, who never had and never were likely to have any
as no law forbade itAmrel.v it can not properly be called a “ high litigation in that court; that 3Irs. Archbald and Mr. Cannon
crime and misdemeanor.”
were first cousins; had grown up together and been lifelong
The facts as to article 3 show that the judge and three others friends; that she had been ill: tliat 31r. Cannon invited bel
tried to lease Packer No. 3 culm dump from the Girard estate aud tbe judge to visit him at liis cottage near Florence; and
with the consent o f the I.eliigh Valley Coal Co., which had a that tlie judge, who had not had a vacation for several years,
1913.
CONGRESSIONAL RECORD— SENATE.
the Sergeant at Arms of the House of Representatives; in all, $78,150,
%ne half to be disbursed by the Secretary of the Senate and the other
half to be disbursed by the Clerk of the House of Represent'atives.
1545
not think it is good practice, and I do think the Senator from
Georgia is right.
___
Mr. SMOOT. I want to call the attention o f the Senator to
Vl'lie amendment was agreed to.
tl'Iie next amendment was, on page 12. line 19, after tlie word the fact that there are in the House two or three cases similar
“ expenses,” to strike out “ .$200 ” and insert “ $300,” so as to to this, and I am positive good will come from this amendment
if it is'!allow’ed to stand.
make the clause read :
Mr. SMITH of Georgia. How many of those are there?
For contingent expenses, $300. one half to be disbursed by the Sec
Mr. SMOOT. I think there are five altogether.
retary of the Senate and the other half to.he disbursed by the Clerk
of the House of Representatives.
Mr. CLARKE of Arkansas. How many are there in other
bills?
The amendment was agreed to.
Mr. SMOOT. As I remember, five are all there are in all the
Tlie .next amendment was, under file subhead “ Joint Com
mitteemen Printing,” on page 12, lin#23, after the word “ Print appropriation bills.
The PRESIDING OFFICER. The question is on agreeing to
ing,” to insert the name “ George JtT. Carter,” so as to make
the amendment.
the clause read:
Jr
The amendment was agreed to.
For cleirk to the Joint Committee/on Printing, George II. Carter,
The next amendment was, under the subhead “ House of Rep
?3 ,0 0 0 .
#
Mr. S51%TI of Georgia. M g President, I object to that. resentatives,” on page 15, line 7, after the word “ each,” to in
It does noP*seem to me that tlujTname of that clerk ought to be sert “ assistant engineer, $1,200” ; in line 12, before the word
“ laborers,” to strike out “ fo u r ” and insert “ three” ; and in
inserted.
\
J
tlie same line, after the words “ in all,” to strike out “ $40,3(*0 ”
Mr. SMO(%. Mr. President-----and insert “ $40,700,” so as to make the clause read:
Mr. WARREX. Just a mtflnent. I simply desire to say that
Under
Building and
litis has been done heretofore in both the House and the Sen engineer, Superintendent of the Capitol at $1,300 each ;Grounds: Chief
$1,900; 3 assistant engineers,
assistant engi
ate, where the man employed is one who is so peculiarly fitted neer, $1,200 ; 24 conductors of elevators, including 14 for service in the
House Office Building, at $1,200 each, who shall be under the supervi
and is so valuable that it & thought best to give him a perma
the Superintendent of the
and
nent place. In rhis case ffiere seemed to be assent on the part sion and direction of $1,300; electrician, $1,200; Capitol Building $Su0
Grounds; machinist,
3 .laborers, at
of all parties interested on both sides, and that is the reason each ; in all, $40,700.
for the committeeGnsertJng the name in this case as they have
The amendment was agreed to.
done in some Othefteaseif
The next amendment, was, under the subhead “ Library of
Mr. SMITH of (feorgjii. I do not think it ought to be done, Congress,” on page 23, line 17, before the word “ junior,” to in
and I object to the Hi^rtion of names in an appropriation that sert "on e $540,” and in line 18, after the words “ in all,” to
attaches the permanewf office by legislative enactment.
strike out “ $3,480” and insert “ $4,020,” so as to make the
Mr. WARREN. 11'Is only for one year.
clause read:
Mr. SMITH of Georgia. I think the matter ought to be left
Mail and delivery: Assistant in charge, $1,500; assistants—one $900,
open for the action qff those in authority.
one $720, one $540 ; junior messenger, $300 ; in all, $4,020.
Mr. SMOOT. ME President, it would have that effect for
The amendment was agreed to.
only one year. I will say do the Senator there is not a member
The next amendment was, at the top of page 25, to insert:
of the committee of whom*! know who is not in favor of putting
To pay
J.
division for the
the name of Geo*ge II. CJfjter in the bill. One who has not her salary Etta the Giflin, assistant fin charge of September, 1912, blind,
for
months of July, August, and
to be
been on the committee cairhardly realize the amount of detail immediately available, $300.
work that has t<rbe taken dare of by this committee, and Mr.
The amendment was agreed to.
Carter is eminently fitted and qualified for tlie place as is no
The next amendment was, on page 2G, line 15, after the word
other man in tlid United Statek. I understand that Senators on “ each,” to strike out “ three” and insert “ four,” and, in line
the other side of tlie Chamber-.jiave made the request that his 22, after the words “ in all,” to strike out “ $100,780 ” and insert
name go in, ant! I certainly hope the Senator will not object to “ $102,580,” so as to make the clause read:
it. I am positive that if "tlie Senator knew the work the man
Copyright office, under the
has to do and the qualifications^ he has for it, he would not Register of copyrights, $4,000 ;direction of the Librarian of Congress:
assistant register of copvriglits. $.:.000 ;
clerks—4 at $2,000 each, 4 at $1,800 each. 7 at $1,600 each; 1 $1,500.
object to it. j f
%
8 at
at $1,200
10
$900
Mr. SMITH of Georgia. No dou!% if I agreed with that view each, $1,400 each, 10 10 at $720 each, 4 atat $1,000 each; 18 at each;
2 at $S00 each,
each,
$600 each. at $480
and were oiUthe committee I would vtxlo for the retention of the 4 junior messengers, at $360 each. Arrears, special 2 service: Three
services of /his gentleman, if I had t%e privilege of voting for clerlts, at $1,200 each; porter, $720; junior messenger, $360; in all,
it. I do noc know anything about hiifi^and it is not with any $102,580.
view of striking at him. I simply belieW that the proper way
'The amendment was agreed to.
to legislate is to leave out the name and nqt undertake to fill the
The next amendment was,.ion page 29. line 11. before the
office by legislation instead of by appointment.
word “ watchmen,” to strike out “ sixteen ” and insert “ seven
Mr. SMOOT. Ordinarily that is true.
teen” ; in line 13, before the word “ each,” to strike out “ $480”
Mr. SMITH of Georgia. If I were on the committee and the and insert “ $540” ; in line 10, before (he word “ charwomen.”
services/of this man were as indicated, I would bo in favor of to strike out “ forty-seven” and insert “ fifty-two” ; in line 17,
keeping*'him, and I have no doubt, from what the Senatoi says, after the word “ electrician,” to strike out “ $1,200” and in
that his services are of that character. 1 do not mean at all sert “ $1,500 ” ; and in line 20, after the words “ in all,” to
that I am in favor of changing such an employee. 1 think the strike out “ $72,185 ” and insert “ $75,245,” so as to make tlie
good of the service should be first considered and that no clause read:
changes should be made where the good of the service would be
Custody, care, and maintenance of Library building and grounds:
sacrificed; and I merely repeat that it is not in opposition to Superintendent. $5,000 ; chief clerk, $2,000 ; clerks-—1 $1,600, l $1,400,
this gentleman, because I only caught the name here this morn
ing and had before heard nothing about it; but I do not believe
penter. painter, and foreman of laborers, at $900 each; 14 laborers,
putting in names in legislation.
at; $540 each ; 2 attendants in ladies’
$480 each ; 4 check boys,
Mr. OWEN. Mr. President, I observe that the same thing has at $360 each; mistress of charwomen,room, atassistant mistress of char
$425;
keen done in other cases, for instance, on page 2, where Mr. Pul- women. $300; 52 charwomen; chief engineer, $1,500; assistant engi
sifer's name has been put in. I do not know ill'. Pulsifer or neers— i $1,200, 3 at $900 each; electrician, $1,500; machinists— 1
2 wiremcn, and 1 plumber, at $900 each; 3 elevator
Mr. Carter, either one, but I do not think it is good practice, $1 000, 1 $900: 10 skilled laborers, at $720 each; in all; $75,245.
conductors, and
because it makes an exception in these cases, which, I presume,
The amendment was agreed to.
is based in each of these two cases on the peculiar fitness of
Tlie next amendment was, under the head of “ Civil Service
these gentlemen; but if they should die the place which is exPressly for them would be vacant, and this appropriation being Commission,” on page 32, line 25, after the word “ vear,” to
made "expressly for this individual person, if the person should strike out “ clerks, 1 (in charge) of class 3, 2 o f class 2, 3 of
resign or find* it expedient to separate himself from the office class 1, 1 (stenographer and typewriter), $1,000 ; 5 temporary
for any reason, it would leave no appropriation for the office, clerks, at $900 each, needed for one year during the installation
because this appropriation is made expressly for Mr. Pulsifer of the system; in all, $13,500,” and insert: “ For the establish
ment and maintenance of system of efficiency ratings far initial
and Mr. Carter.
I do not think it is a good practice, and I do not think the year, $15,000, to be immediately available." The Civil%ervice
^enate ought to follow the practice. It has heeu done, I know, Commission shall investigate and report to the Fresident, with
in previous vears in several cases where the officers ha'Ne been its recommendations, as to the administrative needs bf tlie
of extraordinary service, and I had not been inclined to make service relating to personnel in the several executive depart
any objection to it heretofore, but I do not think it ought to be ments and independent establishments in the District of
m ended. It has now been done in a number of cases. I do Columbia, and report to Congress details of expenditure and of
1546
CONGRESSIONAL RECORD— SENATE.
progress of work hereunder at the beginning of eaeli regular
session.”
The amendment was agreed to.
The next amendment was, under the head of “ Department of
State,” on page 35, line 14, after the word “ care,” to strike out
“ exchange” ; in line 17, after the word “ wagon,” to insert
“ including the exchange of same ” ; and in the same line, after
the word “ harness,” to insert. “ equipment of drivers,” so as to
make the clause read:
_ For miscellaneous expenses, including the purchase, care, and sub
sistence of horses, to he used only for official purposes, repair and
maintenance of vehicles and automobile mail wagon, including the
exchange of the same, harness, equipment of drivers, street-car tickets
aots exceeding $ 100 , and other items not included iu the foregoing,
$7,00o.
Mr. BRISTOW. Is that an automobile mail wagon?
Mr. WARREN. The Senator will notice that the amendment
below this refers to the same matter.
Mr. BRISTOW. What I wanted to inquire about was whether
that could be construed so as to permit the purchase of an
automobile, or is it an automobile truck that is used in handling
the mail?
Mr. WARREN. I will say to the Senator that the Library
mail has been thus handled for the last two years. The Sena
tor probably has seen the truck coming and going.
Mr. BRISTOW. And it is for that purpose?
Mr. WARREN. It is for that purpose. In fact, some of the
carriers in cities have automobile wagons for deliveries.
Mr. SMITH of Georgia. Is the entire paragraph, carrying
$7,000, limited to vehicles for Government service, or does it
include vehicles for private use?
Mr. WARREN. The bill states in the body of it that they
are to be used only for official purposes. I f the Senator will no
tice lines 15 and 16 he will see that it is restricted to public use.
The amendment was agreed to.
The next amendment was, under the head of “ Treasury De
partment,” on page 37, line 17, after the words “ Chief of divi
sion,” to strike out “ $3,500 ” and insert “ $4,000 ” ; in line'18,
after the words “ assistant chief of division,” to strike; out
“ $2,700” and insert “ $3,000 ” ; and in line 23. after the words
“ in all,” to strike out “ $87,ISO ” and insert “ $S7,0Su,” so as to
make the clause read:
/ *y
Division of Bookkeeping and Warrants: Chief of division, $4,000;
assistant chief of division, $3,000 ;. estimate and digest clerk, $2,500; 2
principal bookkeepers, at $2 ,1 0 0 each ; 12 bookkeepers* afc $2 ,0 0 0 ' each ;
clerks—14 of class 4, 6 of class 3, 6 of class 2, 3 of class 1 messenger;
3 assistant messengers; messenger boy, $480 ; in all $'87,980.
The amendment was agreed to.
The next amendment was, on page 48, after line 5, to insert:
For purchase of furniture, adding machines, labor-saving machines,
tabulating equipment, including exchange, repairs, miscellaneous ex-
enses of
devices,
of tabuE andinstallation, cards and filinguse in fhaaffid forofrentalTreasurer
iting
card-sorting machines,, for
office the
of tlie United States, $6,000, to he immediately available.
y
4‘
The amendment was agreed to.
/
The next amendment was, on pageJtS, after line 11, to insert:
The Secretary of the Treasury is authorized, from the date of pas
sage of this act until .Tune 30, 1914, /to detail such employees in the
offices of Assistant Treasurers as maybe necessary for duty in the Dis
trict of Columbia in the office of the-Treasurer of the United States.
The amendment was agreed to.
The next amendment was, oh page 51, line 19, after the word
“ Chief,” to strike out “ $3,600 ” and insert “ $4,500,” and in
line 23, after the words “ in' all,” to strike out “ $15,720 ” and
insert “ $16,620,” so as to make the clause read:
Secret Service Division: Chief, $4,500; assistant chief, who shall
discharge the duties of chief clerk, $3,000 ; clerks—1 of class 4, 1 of
class 3, 2 of class 2, 1 of class 1, 1 at $1,000 ; assistant messenger:
in all, $10,620.
The amendment was agreed to.
The next amendment was, on page 52, line 6, after the words
“ assay offices,” to strike out “ $10,000 ” and insert “ $25,000,”
so as to make the danse read:
V
January 15
strike out “ $43,780” and insert “ $49,780U so as to nnilce i >
clause read:
.A
le
Office of the Surgeon General of rubric Health Service:
General, $6,000 ; chief clerk. $2,000 ; pyfVate secretary to tlie
°h
General, $1,800; assistant editor, $HgT)0 ; clerks— 3 of class 4 Uqe°h
class 3, 7 of class 2, one of whoim^hall be translator, 7 of h’- . °f
3 at $1,000 each ; 3 at $900 each M essenger ; 3 assistant messon,. 1,
2 laborers, at $540 each ; in all, &K>/780.
‘ Lers;
The amendment was agrees to.
The next amendment was' on page 56, line 3. after the yy0 ,
“ machines,” to insert “ artel supplies for same,” so as to the clause read:
-I
The amendment^vas agreed t o :
The next amendment was under the subhead “ Colleetim
internal revenu#’ on page 58, after line 18, to insert:
On and afterjjOetober 1, 1913, the whole number of collection dis
tricts for the fle c tio n of internal revenue and the whole number of
A
collectors of isSernai revenue shall not exceed 67.
The amendment was agreed to.
The next amendment was, on page 59, line 2,. after the word
“ storekeeper-gaugers,” to strike out “ $2,565,000 ” and insert
“ $2,620#00,” so as to make the clause read:
For salaries and expenses of 40 revenue agents provided for hy iaw
and fees and expenses of $2,620,000.
and Srtqrekeeper-guagers, gaugers, salaries and expenses of storekeepers
Mr. POMERENE. I note that on page 58 there is a pro,
vision to the effect that the number of collectors of internal
revenue shall not exceed 67. Is that a redaction of the number?
Mr. WARREN. No. That is permission to have 4 more
than there are now. I will say to the Senator that a year
ago the Commissioner of Internal Revenue, in making his re
port, called attention to the fact that there was at that time
and for two years preceding at three or four offices very ligRt
receipts, and hence the House thought it best to reduce the
number from 67 to 63.
Now, in some way—and I have not tried to locate where the
difficulty occurred— there were 4 offices taken out which the
commissioner says are among the most valuable of the lot—l jn
Pennsylvania, 1 in Texas, the only 1 in South Carolina, and i
in California. The representation from that office is that it
would very sadly cripple the work if they did not have these
reinstated, and so we are putting the number back where it was.
Of course, it is within the province of the President to reduce
the number at any time.
The PRESIDING OFFICER. The question is on agreeing
to the amendment which has been stated.
Tlie amendment was agreed to.
i
The next amendment was, on page 59, line 14, after the word
“ killed,” to strike out “ $90,000” and insert “ $100,000,” so as
to make the clause read:
Per rent of offices outside of the District of Columbia, telephone
service, and other miscellaneous expenses incident to the collection of
internal revenue, and for the purchase of necessary books of reference
and periodicals for the chemical laboratory and law library, at a cost
not to exceed $500, and reasonable expenses for not exceeding 60 clavs
immediately following the injury of field officers or employees In the
Internal-Revenue Service while in line of duty, of medical attendance
surgeon's ftfid hospital bills made necessary by reason of such injury’
and for hordes crippled or killed while being used by officers in making
raids, not exceeding $150 for any horse so crippled or killed, $100,OOo!
The amendment wras agreed to.
The next amendment was, under the subhead “ Independent
treasury,” on flage 61, line 3, before the words “ vault clerk,”
to insert “ assistant cashier, $2,000 ” ; in line 7, before the word
“ nine,” to strike'uut “ 2 at $1,600 each ” and insert “ 1 $1,600” ;
and, in line ll% a fte r the words “ in all,” to strike out
“ $83,320” and ii% rt “ $83,720,” so as to make the clause
read:.
\
,
Office of assistant treasurer at Chicago : Assistant treasurer, $5,000;
cashier, $3,000 assistant
$2,000
paying
For freight on bullion and coin, by registered mail or otherwise, be teller, $2,500; ; assorting*,, cashier, $2,000; ; vault clerk, $2,250 ;$2,000^
teller,
redemption teller,
tween mints and assay offices, $25,O0O.
change teller. $ 2 ,0 0 0 ; i%civing teller. $ 2 ,0 00 a bookkeepers— 1 a£
The amendment was agreed to.
$1,800, 2 at $1,500 each: <%rks-—1 $1,750, 1 $1,600, 9 at $1,500 each
The next amendment was, on page 52, line 16, after the words 22 at $1,200 each, 1 $90\; liallman, $1,100; messenger, $840; 3
watchmen at $720 each : jan%r, $720 ; 8 money counters and handlers
“ United States,” to strike out “ $3,000 ” and insert “ $4,800,” foL* money laundry machines «; $900 each; in all, $ 80 , <~0.
so as to make the clause read:
The amendment was agnbd to.
i
For examinations of mints, expense in visiting mints for tlie purpose
The next amendment was,%n page 62, line 5, after the word
of superintending the annual settlements, and for special examinations,
and for the collection of statistics relative to the annual production and “ messenger,” to strike out ^ 5 0 0 ” and insert “ $600,” and,
consumption of the precious- metals iu the United States, $4,800.
in line 7, after the words “ in diL to strike out “ $32,490” ami
,”
insert “ $32,590,” so as to make % e clause read:
The amendment was agreed to.
Office of assistant treasurer at i§t. Louis; Assistant treasurer
The next amendment was, on page 52, line 20, before the words
$4,500 ; cashier, $2,500 ; paying teller. $2,000 ; receiving teller, $2,000 ;
“ of class 3,” to strike out “ two ” and insert “ three ” ; in line 21, vault clerk. $1,800; bookkeeper, $1,530: assorting teller, $ 1,200 •
before the words “ of class 2,” to strike out “ six ” and insert clerks—1 $1,500, 6 at $1,200 each, 2 at 8 1,000 each ; typewriter and
“ seven ” ; in line 22, after the words “ of class 1 ,” to insert “ 3, stenographer. $ 1 ,0 0 0 ; day watchman, ? m ) ; night watchman. $720;
messenger,
4 money counters and
at $1,000 each” ; and in line 24, after the words “ in all.” to I machines at$600; each; in all, $32,590. Iramdlers for money laundry
$900
^
^Ny
1913.
CONGRESSIONAL RECORD— SENATE.
Mr. DIXON. Mr. President----- Mr. WARREN. If the Senator will permit, perhaps we had
better finish the remainder o f the bill, if it is agreeable to the
Senator, and then return to this amendment.
Mr. DIXON. I want to make a motion to strike out the item
concerning the Commerce Court on page 144.
Mr. WARDEN. Let us pass it for the time being.
Mr. GALLLNGER. Yes; let us complete the remainder of the
bill.
V
*
The PRESIDING OFFICER. Is it agreed that the pending
nmendment shall be passed over?
Mr. W A R R E X \ Pass it over for a moment, and let us finish
the rest of the b
The next amendment of the Oommitteq£on Appropriations
was, on page 145, lii\l.S, after the word “ .bailiff," to strike out
“ $1,.j0 0 ” and insert \ $1.800" ; in line JO. before the words
“ at $1,400 each,” to sttj'ke out “ tw o ” # d insert “ three” ; in
the same line, before tn« words “ at $lis00 each,” to strike out
“ three” and insert “ D m ” ; and in p ie 22, after the words
“ in ail,” to strike out “ $ * l
4S0 ” andJlsert “ $5G,9S0,” so as to
make the clause read:
%
£
Court of Claims: Chief justfSte. ,$0,0#: 4 judges, at $0,000 each;
chief clerk, $3,500; assistant ellfck. $2j500; bailiff, $1,800; clerks— 1
at $1,000, 3 at $1,400 each. 2 a%$1.3j®0 each; stenographer, $1,200;
chief messenger. $1,000 ; 3 firomeifa if watchmen : elevator conductor,
$720; 2 assistant messengers; 2 labMMi's; 2 charwomen; in all, $50,980.
The amendment was agreed tcA
The next amendment was, oiufpnke 140, line 2, after the word
“ court,” to strike out “ $0,00#’
insert “ $S,000,” so as to
make the clause read:
£
For auditors and additional stjiiiogT&pheHS, when deemed necessary, in
the Court of Claims, and for iY stenographer, at $1,000, for the chiei
justice, to be disbursed under iThe direetion-pf the court, $8,000.
The amendment was agreed to.
%
The next amendment Whs, at the top o f page 148, to add as
a new section the followj^ig:
S ec. 5. That in the cvei^f of reductions being made in any force em
ployed under the civil sei*rice or in any of the executive departments
no honorably discharged goldier, sailor, or marine whose record is rated
good shall he discharged or dropped or reduced in rank or salary. Any
person knowingly violating the provisions of this section shall be sum
marily 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. /
1557
Air. GALLINGER. I f he has a good record.
Air. POAIERENE. I can understand why there should ba
some favor given to a soldier who has seen actual service
either during the Civil War or during the War with Spain, hut if
it is some soldier who enlisted and has been in camp for three
or four years, and should later be discharged from that service
honorably and get under the civil service, and he is to be pre
ferred to other men who are engaged under the civil service, I
do not think we should extend that privilege that length.
Air WARREN. I have only to say, Air. President, that this
was inserted here with the idea that it was only fair to treat
those^ outside of Washington as we treated those within the
District. I should not object, if the point of order was with
drawn, to such an amendment as the Senator proposes, and per
haps indicated by the Senator from Idaho; but the only inten
tion of t ® committee was to have the same privilege given to
those whet might be on the register or be employed bv the
United States outside the District as those inside the District
of Columbia.
Air. S A ll'll! of Georgia. Air. President-----The PRESIDING OFFICER. Does the Senator from Ohio
yield to the Senator from Georgia?
Air. POAIERENE. I do.
Air. SAll T it of Georgia. I do not understand that the Sen
ator from Oklahoma has withdrawn the point of order, but if
he did I renew it. I am opposed to any such special privilege
anywhere.
F
The PRESIDING OFFICER. The Chair understood that the
Senator from Oklahoma yielded to the Senator from Ohio to
make a suggestic&i after the point of order was raised, and he
did not withdrawtit.
Air. SAIITIt of Georgia. I want to state that I am opposed
to any such privilege being given anywhere. Believing that it
is improper here infjthe District, I am opposed to enlarging it to
places outside of tlm District. I have never heretofore pressed
that view, because
large a- number of those who are deriving
the benefit were solders of the Civil War, and I have always
been willing to yield femewhat my general convictions in their
interest, but now the’Ijgpanisli-American War is included; all
soldiers are included. I think that service in the Army and in
the Navy also ought to be treated as a distinct proposition, and
we ought not to burden pur general service with men who are
not entirely competent dr keep them because they have done
something somewhere else, I think the departments and all
the public service are entitled to men of the highest efliciency,
and they should remain in %ffice on account of their efficiency,
and for that reason only.
Mr. SUTHERLAND. I f tfife point of order which was made
is insisted upon, I suppose thffijj. those of us who are in favor of
this proposition are helpless, % it I call attention to the fact
that we had exactly the same provision in the legislative appro
priation act which passed less t% n a year ago. However, it is
In the shape of a proviso to a section which deals only with the
District of Columbia. Aly understanding is that it was the be
lief at that time that this proviso «bu ld apply to all parts of the
country and to all persons employ*! in the executive depart
ments. The provision is found in lection 4 o f the legislative
appropriation act at page 413 of tM last session laws. That
section provides that—
%
Mr. BORAH obtained the floor.
Mr. POMEREJFE. Mr. President-----Air. BORAH.. I yield to the Senator from Ohio.
Air. POAIELHaNE. I wish to offer an amendment to this
section.
F
Mr. BOR.yfr. Will the Senator withhold it for a moment un
til I make uh inquiry about the matter?
Air. POA1ERENE. Certainly.
Air. BORAH. I see that this section 5 covers all honorably
discharged soldiers, sailors, or marines. Under that section, I
suppose, whether a person had ever seen any service or not, he
would come under this rule.
Air. WARREN. If he had made record service and had been
honorably discharged. If the Senator will permit me, in the
last bill.'when we were arranging civil-service changes, provid
ing for an efliciency hoard, we incorporated in that provision a
similar clause to this in relation to the District of Columbia,
approval of the
ami that is the only place where that particular provision pre
The Civil Service Commission shall, su« ect to thefor the classified
vails—that no honorably discharged soldier who has a good President, establish a system of efficiency t ratings District of Coiumservice in the several executive department fein the
record shall be dropped. This carries those outside the District bia— *
ami puts them on the same footing.
J~N-$ud so on. Then follows the proviso :%
g Air. OWEN. Air. President-----P r o v i d e d , That in the event of reductions %ing made in the force
r The PRESIDING OFFICER. Does the Senator from Idaho
in &nv of the executive departments no hono^aoly discharged soldier
yield to the Senator from Oklahoma?
or Sailor whose record in said department is P&ted good shall be dis
Air. BORAH. I yield.
charged or dropped or reduced in rank or salary.^
Air. OWEN. I rise to make a point of order against section
the language o f that proviso is identics®<with the suggested
5. on page 14S. It is legislation not properly upon an appro
amendment that is now under discussion, t h e Senator from
priation bill. Senators wbo are not present in the Chamber R a isa s [Air. B ristow] says to me that fBfere is something
have a right to rely upon the integrity of the rules o f the added, but on page 414 tbe law continues:
L
Senate that new legislation shall not go on appropriation hills.
hat anv person violating section 4. etc., shall ho '^ammarily removed
I do not think it a wise practice to have this done, and I make
a office, and may also, upon conviction thereof, fee punished by a
a point of order against the section for that reason.
Air. WARREN. Perhaps the Senator will withhold the point
nd so on. It is tbe same thing.
%
of order ilntil the Senator from Ohio can be heard.
Mr. President, as I said, I understand it was 11% understandAir. OWEN. The Senator from Ohio proposes to offer an
g in putting this proviso in that it should api% to all the
amendment to this section, which would not in any way obviate
ecutive departments of the Government and to soldiers and
the point of order. I will yield, of course.
Air. POAIERENE. I have no objection to stating the amend sailors and marines wherever employed in those executive de
ment which I propose to offer. The Senator from Idaho, by partments. But because it is in tbe form of a proviso the
bis question, evidently had in mind just what I had in mind well-known rule of construction steps in, which is that a pro
viso is a mere limitation upon the main section of which it is
at the time of the preparation of this proposed amendment.
Under this section, as it appears, no honorably discharged a proviso, and therefore it can not have the wide scope it
would have as an independent provision of law.
soldier, sailor, or marine could be dropped from the service.
1558
CONGRESSIONAL RECORD— SENATE.
January 15
This amendment simply seeks to put in the law what it was
Air. WARREN. It will take but a moment to explain it. j u
the intention to put into the law in the legislative appropriation the closing hours of the consideration of the District of Coin no
act of last year.
bia appropriation bill last year there was a section inserted
I very much hope the Senator from Oklahoma will see his which was intended to remedy an acknowledged evil, that too
way clear not to insist upon the point of order.
much money'was expended for the employees of different do
The Senator from Georgia has said that we ought not to partments in traveling to meetings of associations, and s0
make classes of this kind, hut it has been the policy of the Gov forth. Ic was, o f course, supposed to be in the interest of the
ernment from the very beginning to make classifications of this Government, but the conditions were made so drastic that the
very description. We are acting upon similar provisions all the board of health, the Surgeon General, and others were pr0.
time. Our laws provide that the ex-soldier shall he preferred hibited from entering into any of these meetings or obtaining
in appointments under the civil service. This pimply carries the benefit of the associations.' So every department, I think*
the proposition one step further and prevents an, ex-soldier who without exception, appealed to us, and in one bill and another-^!
has been appointed from being discharged. Hut the Govern in the Agricultural appropriation bill and the others—in the last
ment is amply protected, because the provision is that ho shall session we attempted to fix it.
be rated good in the department. If lie has fallen below the
When we got through the different bills they represented
standard, then, of course, ho is amenable to the provisions of different privileges to different departments. So the committee
law which would authorize his dismissal.
on the House side put a provision like this one in the sundry
Air. SMITH of Georgia. Let me ask the Senator a question. civil bill. It was about the last measure enacted, and they
The PRESIDING OFFICER. The Chair understands that put in this general provision, which would not only serve to
debate is proceeding by unanimous consent/ Under the rule it remedy the evil, but would yet leave elasticity enough go that
is not debatable.
on the written order of a head of a department they could g0
Mr. SMITH of Georgia.. Suppose a soldier of the Spanish- to certain of these association meetings. But they are debarred
American War had an $1,800 clerkship and was rated good, from paying duhAtf. association fees, and so on.
and lower down in the same service there is a clerk at $1,200
It is merely continuing what was in the suridry'cTHI approwho is rated very good. There is a clerk, then, receiving a prjhtion act last 3 ear and is now current law.
T
good deal less pay and doing a good deal better service, and /M r. OWEN. Air. President, I feel constrained to make a
simply because the $1,800 clerk had been in the Spanish-Ameri- jSoint of order against this item. It is general legislation and
can War proficiency is not the test of his payment but some jehanges existing law. I do not think it ought to go on the
thing else is. That will be the practical effect o f this rule. It f appropriation bill. I am very sorry not to be able to agree to
is demoralizing to Hie effort to bring up the standard of it, but I do not think it should go on this appropriation bill.
proficiency.
Air. WARREN. It does not change existing law. It simply
Air. SUTHERLAND. If the Senator will permit me to] continues law as everything in this appropriation bill does, it
answer, the practical effect would be that the $1,200 clerk? is word for word a continuation of the present law for the next
would not be prevented from being advanced if his record] fiscal year.
justified it. but the ex-soldier clerk who is receiving $1,800Air. OWEN. It expressly changes existing law in its own
would not be demoted if his record was good.
Air. SAIITH o f Georgia. No; {Sie appropriation bill fixes tliel language, that section 8 shall not take effect, and so on.
Air. WARREN. But section 8 was repealed last year in the
number of $1,800 clerks, the number of $1,600 clerks, andf
$1,400 clerks, and $1,200 clerks/ and he stands there at $1,800; bill and this simply extends it the same as an appropriation of
money would be extended.
without another $1,800 clerkship open, to the exclusion of tli
Air. GALLINGER. Air. President, if the Senator will per
more proficient clerk in the sjfme line or perhaps in the sam
mit me, I desire to make only one observation about this
office.
All-. SUTHERLAND. It does exactly what I said. It' wil matter. The original provision was on the District of Columbia
appropriation bill, placed there against my judgment, and I
not interfere with the- promotion if there is a place.
think it was altogether too sweeping. It has worked a detri
Air. SAIITH of Georgia, ph, yes.
Air. SUTHERLAND. If .there is a place it will not interferes ment to the service of the Government. It was put there
with the clerks of lower grade, but it will prevent the demo-? under a misapprehension. As a matter of fact, it was intended
to cure a small evil and it brought great harm.
tion of a clerk who occupies a place in that grade.
Air. WARREN. Alay I interrupt the Senator?
Air. SAIITH of Georgia. He occupies the place to the exclu
Air. GALLINGER. Certainly.
sion of one who is rendering better service to the Government,
Air. WARREN. The same interest that insisted upon putting
Air. SUTHERLAND. It will prevent his being supplanted
by a clerk occupying af lower place, if the ex-soldier is rated! it in, later assented to this proposition and was glad to have it
good. Personally I am in favor of that sort of legislation. I go in the bill.
am in favor of the provisions of law which are now upon the. I Air. GALLINGER. Air. President, in the last bill correspond
statute books, which/ permit a discrimination in favor of the j ing to this one this provision was inserted. I think it was un
fortunate that the word “ hereafter ” had not been put in the
ex-soldier.
/
Air. ASIIURST. Air. President. I wish to make a parlia-f provision, because then it would have made it law. This is
mentary inquiry. I will inquire, if debate is in order, upon the/ simply a continuation of the law that we enacted in the last
legislative appropriation act.
merits.
“
While it is general. legislation, I do hope the Senator from
The PRESIDING OFFICER. It is not; and the Chair hasstated that this debate is proceeding by unanimous consent. Oklahoma will withdraw his point of order. It affects the
Air. ASIIURST. Then, under the rules, debate is not in health service and many other departments of the Government,
that really ought to be permitted to send a representative to
order.
a convention where he is expected to learn very much for the
The PRESIDING OFFICER. Dehate is not in order.
Air. GALLINGER. It is in the hands of the Chair to permit welfare of the people of the country.
Of course if the issue is to be made that no general legisla
debate or not, as the Chair sees fit.
. The PRESIDING OFFICER. The Chair rules that the point tion is to be permitted on appropriation bills, I think there will
be some harm done in the future, because there are times, we
of order made by the Senator from Oklahoma is well taken and
that the amendment is not in order. The next amendment will have all learned, when it is the only way we can legislate to
cure something that needs immediate attention. A bill can be
be stated.
The next amendment was, on page 14S, after line 9, to add as introduced for this purpose, and possibly we might get it
through Congress in one, two, or three years, but in the mean
a new section the following:
time harm is being done to the public good.
S ec. 5. That section 8 of the District of Columbia appropriation act
approved June 26, 1912, shall not take effect or be operative during the
Air. OAVEN. I withdraw the point of order.
fiscal vear 1914 except to the extent that it prohibits the payment of
Air. GALLINGER. I thank the Senator.
membership fees or dues in societies or associations: P r o v i d e d , That
tnphasize upon the attention
during the fiscal year 1914 expenses of attendance of officers or em
ation bills
ployees of the Government at any meeting or convention of members
of any society or association shall be incurred only on the written
authority and direction of the heads of executive departments or other
Government establishments or the government of the District of Colum
bia ; and a detailed statement of all such expenses incurred from June
30 until December 1, 1913, shall be submitted to Congress on or before
January 1, 1914.
Air. CRAWFORD. I simply wish to inquire what that lan
guage means. To one not acquainted with its purposes it is not
clear.
■
i:-i
ioii 1ms
n tffepoint of order,
is right in his contention in
l* for withdrawing the point
i
wish to say that I have no
interest in the good of the
1913.
CONG E ESSION A L EECOED— SENATE.
piitil the 4th of March. As we found the law in the committee,
it was that the Commerce Court as a court still existed; that
it enjoyed the identical jurisdiction which was conferred upon
it in the act creating it; but that from the 4th of MarcH until
the end of the fiscal year there was no appropriation made for
carrying on and operating the machinery of that court.
So, Mr. President, the law has left the court in existence
and it has left it with its jurisdiction, but it has left it with
out any means of carrying on the court, because of the failure
to appropriate for a'building in which the court was to hold its
sessions, for clerks to file the papers of the court, or for mar
shals to execute the orders of the court or to give notices. In
that situation it seemed to me at least that it was necessary
and that it was the duty of this committee to report an
appropriaion in order to make available the money necessary
to carry on that court from March until July. In fact. I favor
Jin appropriation for the whole year. That did not involve, nor
am I going to discuss, the question of the desirability of the
abolition of the court. I did not believe that it was a proper
method of legislating to carry into general appropriation bills
•general legislation. That has always been my position.
I believe, further, .M President, that the President would do
i'.
just what he has heretofore done if this provision had been put
in the bill.
Unless this amendment shall be adopted, what will be the
result? You will have the Commerce Court as a court, you will
liave it with its jurisdiction, and you will have all the cases now
Pending before that court and the cases hereafter to be brought
returnable to that court without any machinery at all to operate
the court. It will completely tie up all of the interstate com
merce litigation.
When this matter was Tip for consideration by the committee
there appeared before the committee two lawyers of the Inter
state Commerce Commission. Both of those lawyers have had
Ijirge experience in the conduct of these cases. One of them was
Mr. Farrell. I asked him before the committee:
1561
general legislation of the character that was put on this hill,
last year, I believe, is against the better policy of legislation;
and so far as I am concerned, I shall object to it being piaffed
upon this bill.
jf
Mr. CLARKE of Arkansas. Mr. President, I have cooperated
for several sessions with that contingent in the Congress of the
United States which sought to abolish the Commerce Court,
and my service was that o f an ally rather tlian^/f veteran.
So far as the court itself is concerned, it fs a,jfistinct improve
ment of the judicial system of the United Stmes. It supplies a
real want and will facilitate, as nothinjpelse will facilitate,
the administration of the interstate-conferee law so far as it
relates to transportation. Anybody who is at all familiar with
the history of one of these rate cases in a United States district
court will understand at once thatAbe delay in itself amounts
almost to a denial of justice. TMit has been the experience in
all the Western States; it has fe&en the experience in Arkansas,
and we have there just as industrious, just as competent, and
just as able a judge as jlfiy of the district judges in this
country. The defect is itf4he system and not due to any par
ticular deficiency in t l f judge.
The subject of trjjpiportation in its relation to interstate
commerce has grown “to such an extent that it has become of
itself an iudependgjfrt topic of sufficient proportions to justify
a special tribunal#) deal with it. In the contracts of merchants
time is of the jissence; and in the matter of transportation it
is of the utmost importance to know just exactly what (he law
is, because j^rnters into commerce in all of its branches. The
railroads M ne had no better friend than the procrastination
that hasjnoen imposed upon litigation in this country by the
congest®! condition of the dockets of the courts.
TRafpSommerce Court was an experiment when it was tried;
IhsUjpfs to say, (he public demand was crudely responded to. I
vgjrod for that feature of the law in opposition to the wishes of
f m e of my associates on this side of the Chamber.
Sentilor F o s t e r . O f course, as you understand, this is an approprin-i * My principal business in life has been in tlie courthouse, and,
>ion bill. The bill fails to make any appropriation for rent of buildimp whilst I did not distinguish myself there very greatly, I have
or purchase of stationery or the payment of any of the officials of
court. As I understand the bill, it. does not abolish the Commence learned some things by observation, more particularly relating
(’ourt, but it practically stops the operation of the machinery o§3fhe to lawsuits conducted by other and abler lawyers. One of the
court. Now, if the bill passes In its present form, failing tqiapake things I did learn is that promptness in the disposition of liti
these appropriations, what will become of the cases now pondffg in gation is quite as important as correct decision in the end.
that court and of the cases hereafter to be tiled by any litigant??
We are just in the infancy of interstate commerce. Every
M r. F a r r e ll's a n sw e r w a s :
Jf
time
Court of the United States meets it lays
Unless the Commerce Court is abolished or its appropriation con down the Supreme almost startling, doctrine. The business of
some novel,
tinued. a chaotic condition will ensue after March 4; an #J have no
hesitancy in saying that the Congress should either appropriate further transportation is nation-wide. The technicalities connected
tor the Commerce Court or else abolish it and transferors jurisdiction with it are such as to
those who devote
to
to other courts, so that they may operate on those casrff"after March 4. attempting to unravel perplex A special class of their liveshas
them.
lawyers
Then I asked Mr. Needham, who seems to jjhve had a very been raised up in the profession to take charge of the litigation
extended experience in Commerce Court litigation, this question : of that kind which has grown up. So special or technical is it
Senator F o s t e r . We might ask Mr. Needham « r .c agrees with Mr. in
lawyers familiar with
Farrell as to the chaos that would follow in tlie^tevent that there were of its character that serve them in general the ordinary rules
law that would
practice are not
no other legislation than that which refuses to .-make any appropriation
for the support and maintenance of the Commerce CourtV
deemed to be competent to take charge of such controversies.
Mr. N e e d h a m . Oh. y e s ; th a t w ou ld he a <j#plorable co n d itio n .
I
demand
extended
the
The Ch a i r m a n . Of course there must be Jcithcr legislation or appro now think that necessity, has far as the beyonditself bar, and has
become a
so
court
is concerned.
priation.
A
Mr. N e e d h a m . There would be no wayjPof disposing of applications The subjects of the enforcement of the rights of shippers and
for restraining orders, and so forth.
the public have become separate
The C h a i r m a n . Your cases would simply be hung up in the air, and the protection of the rights aofdistinct achievement in the direc
subjects of the law. It is
both shippers and transportation companies would be in limbo.
Mr. N e e d h a m . Oh, yes; it would bo a condition of chaos.
tion of a better condition to have to deal with those questions a
court instructed in all of the rules and matters and all the
Mr. BRISTOW. Mr. PrcsidgfR~—
The PRESIDING OFFICER. Does the Senator from Louisi- peculiar practical features of railroad construction and railroad
operation. There grows up there much more quickly than it
aua yield to the Senator from Kansas?
can in the different district courts of the country a body of
Mr. FOSTER. C ertainly/
Mr. BRISTOW. Let m e/nquire of the Senator if this awful laws peculiarly applicable to controversies of that kind. A
condition which we are about to confront can not be remedied special court grows familiar with such contio\ eisics, it can
by providing for the distribution of ilie jurisdiction of this act quicker; its decisions are rendered quicker; and cases are
court to other courts? ./Congress lias very emphatically taken a finally disposed of quicker. All those things contribute to the
Position in regard to the continuance of this court. Now, efficiency of government and reduce the expense and uncertainty
instead of trying to.-force its continuance by presenting to the of controversies such as those. They prevent many contro
Senate and the country this chaotic condition that will exist versies which otherwise would be precipitated by the publicif the appropriation is not made, why not offer some remedy for service corporations, whose activities are subject to the juris
ft Juid let the court go out o f existence, as it is clearly and diction of that court, because they know now that the time usu
ally devoted to business of that kind has been very greatly
manifestly the intention of Congress that it shall?
Mr. FOSTER! Mr. President, I will answer the Senator. Of shortened; and where they know they are not right, they are
course, the Appropriations Committee had nothing to do with not likely to contend.
I have voted to abolish the court and the judges of it. My
the legislation in regard to the Commerce Court and, in my
opinion, ought not to have anything to do with it. I f there is objection, however, was to the character of judges who were put
J hill passed abolishing the Commerce Court, that bill neces- there. I was utterly disappointed when the President an
>
sarily carries with it the abolition of all the officers under the nounced the list of judges whom he had selected to constitute
court, and all appropriations for those officers will cease, be the membership of that court. He had been looked upon as
cause tlJpre will be no officers in existence to receive the appro possessing peculiar qualifications for selecting, from among the
body of lawyers, judges who were qualified to discharge the
priation.
trhojd are the reasons, Mr. President, that impelled me to duties that would be imposed upon them; but he has made the
v°to in committee for this amendment. As I have staled, impression upon me, and 1 feel safe in saying that he has made
w
1562
CONGRESSIONAL I! ICG?,D— SENATE.
the impression upon others, that if there is one particular serv
ice in which he has proven to be a signal failure, it has been
in that behalf; and you do not have to go outside of the mem
bership of that court to condemn him as being utterly incapable
of rising above the peculiar group of circumstances, not at all
to his discredit, when he comes to make nominations for places
of that importance.
i The character of judges that he placed there discredited the
court before the country. The very first thing, ihey did was to
|
constitute themselves the censors of the Interstate Commerce
Commission. They took it upon themselves tb review de novo
every order that had been made, not limiting,jtheir jurisdiction
to laying down principles of law and accepting the findings of
fact of that tribunal; but one of the members of the court who
was taken from that commission sought to J&ake his dissenting
opinions ,as a commissioner the rule of the law of transportation
of this country.
g
True, the Supreme Court has set themfright in some of its
opinions. It may be that the definition of jurisdiction contained
in the amendment to the interstate-commerce act is not as
accurate as It should be; but improvements along that line, with
a different cmss of judges, would, in m jf opinion, remove what
ever dissatisfaction there exists in cggfoiection with the Com
merce Court. ':j
/'
I am not disposed here to undertake to cripple the court now.
The court, as 1; have said, does not Aland well, not because of
the structure o f '4 he court or the constitution of the court, but
rather because of the judges who wjbre appointed to administer
that particular feature of the judicial function. In the first
place, they discredited themselves in the extravagance with
which they fitted up their court mom. That was exhibited here
on this floor. No sfich recklessness has been displayed by any
public officials who';,have had charge of the disbursement of
money for purposes of that kind: They showed a weakness and
a vanity about it that was certain to impress one with the
thought that they felft tliemselfes to be a little different from
what the law intended they Jtiould be. Then their habitual
raids upon the jurisdiction o f tbe Interstate Commerce Com
mission were such as to dreauV the impression that that tribunal
had been abolished, except as a place where controversies could
be originated, and that tip? Jfeal hearing and disposition was to.
take place in the Commerce Court.
I have my own notions a|out that kind of a court. I believe
tliere should be a central coni't. composed of tlie very best judges
wbo can be found on this continent, wbo should be paid a salary
that will secure them. Whenever we have that kind of a court,
they will vindicate the wisdom of the establishment of such a
court by demonstrating to the country that no other means that
can be adopted involving no greater expense than that can be
inaugurated with such gratifying results.
The proposition now pending as to allow sufficient money to
keep the court running,aintil July> I believe I shall lend the aid
of my vote to that proposition. I believe that before many
months roll around, certainly before many years roll around, we
will have an opportunity to deal with the court in a broader
way, and it is possible that some means can be found by which
the" just criticisms o f the country nitiy be obviated and the use
fulness of the court may be increased.
Tbe PRESIDING OFFICER (Mr. S h i v e l y in tbe chair).
Tlie question is on agreeing to the amendment reported by the
committee on page 144 of the bill.
Mr. DIXON. I understood that the Senator from Georgia
[Mr. S m it h ] was going to offer as an amendment—
Mr. LODGE. The question will be divided anyway.
Mr. DIXON. I understood tlie Senator from Georgia was
going to offer as an amendment tlie schedule prepared and
adopted at the last session of Congress. X
Mr. SMITH of Georgia. I understood that tlie Senator from
Louisiana [Mr. F o s t e r ] would make tlie point of order against
tbe amendment, and it clearly is out of order to put this pro
posed legislation on an appropriation bill, i So I abandoned the
idea of presenting the point of order. I (|iink the proposition
should be submitted to the Senate as a separate question.
Mr. DIXOX. I should think that the Senator from Georgia
would offer the amendment and allow the responsibility to rest
on the Senator from Louisiana [Mr. F o s t e r ]) for redistributing
the cases now pending before the Commerce jpourt-----Mr. FOSTER. I hope the Senator does not think the Senator
from Louisiana is going to hesitate to take the, responsibility.
Mr. DIXON. No.
Mr. SMITH of Georgia. Mr. President, wlsen I beard tlie
statement of the Senator from Louisiana [Mr. F o s t e r ] I knew
it was so, and I think tlie only remedy would be to kill this
appropriation and introduce an independent bill. If we divide
this appropriation an independent bill will certainly pass both
Houses.
Jan
uary
15
Mr. OWEN. Mr. President, I think ibis item should h
stricken out of the bill. Tbe Congress of (lie United Staton
has heretofore expressed its desire that tbe Commerce Court
shouM go out of existence. The President of the United States
has used his veto power to prevent the will of Congress becoin
ing effective. Therefore the Congress of the United States hn«
the right, under the practice of government, to refuse supp]}esS
in this connection, as a means of making good its protest again^
this court. Congress is entirely justified in this, in my juq^
ment, and the refusal of the supplies necessary to carry on tli?'
court will make necessary the abolition of tlie jurisdiction of
this court, the distribution of the cases before tbe court, ana
provision for dealing with cases which are on appeal from this
court. That can be done in due order, but I think this item
should be struck out, and I wish to say as much.
The PRESIDING OFFICER. The Chair wishes to sugg0Sf
that the question is not on a motion to strike out. The question
is on agreeing to the committee amendment.
Mr. GALLINGER. Yes; it has to be put affirmatively.
Mr. DIXON. On that let us have the yeas and nays.
The yeas and nays were ordered.
Mr. OWEN. Mr. President, I suggest the absence of
quorum.
■
Mr. GALLINGER. Tbe motion will be put affirmatively np0q
agreeing to tbe committee amendment?
The PRESIDING OFFICER. That is the question. Tfie
question is, Shall the committee amendment be agreed to?
Mr. OWEN. I suggest the absence of a quorum.
The PRESIDING OFFICER. The absence of a quorum ;~
suggested. The Secretary will call the roll.
The Secretary called the roll, and the fo llo w in g S enators
answered to their names.
Ashurst
Crawford
Martin, Va.
Simmons
Bacon
Borah
Bradley
Bristow
Bryan
Burnham
Burton
Catron
Chamberlain
Clapp
Clark, Wyo.
Clarke, Ark.
Crane
Cullom
Cummins
Dillingham
Dixon
du Pont
Fletcher
Foster
Gallingor
Heiskell
.Tones
Kenyon
La Follette
Lodge
Martino, N. J.
Nelson
Owen
Page
Paynter
Penrose
Perkins
Perky
Poindexter
Pomerene
Root
Sanders
Shively
Smith, Arlz.
Smith, Ga.
Smith, Md.
Smoot
Sutherland
Swanson
Thornton
Townsend
Warren
Wctmore
The PRESIDING OFFICER. Fifty-three Senators have an.
swered to their names. A quorum is present.
Mr. POINDEXTER. Mr. President, I was not here during
tlie discussion of this item, and I do not know whether any
attention has been called to the form of the amendment offered,
by the committee. I notice at the close of the amendment the
amount appropriated in all is $10,977.78; but it appears from a
tabulation of the items preceding that that the amount it pro
vides for is a great deal more than that. The separate items,
added together, amount to the sum of $8Lfl1'7, apparently. As
I say, I was not here during the previous discussion, and this
matter may havhbeen explained.
/'
Mr. WARRENN I think the SemUX>r is mistaken about his
figures. It provides for these expanses at certain rates per
annum, but only fofrrtlie remainder of March after tlie 4th of
March, and April, May, and Junof in other words, it covers the
contingent exxienses and salarieamf the employees from March 4
to June 30.
\
I
Mr. POINDEXTER. Thi^iaragraph, as I understand, does
not specify the amount apujS>priated, but leaves it to be deter
mined by a mathematical Jtlculation.
Mr. WARREN. It is S f^e rate o f so much per annum.
Mr. POINDEXTER. St dosm not state liow much.
Mr. WARREN. Yes# it do&s. I beg tbe Senator's pardon,
but if be will have it # a d he will see that it does.
Mr. POINDEXTER. It statesYiow much per annum, but it
does not state the amount of the appropriation for salaries.
Mr. WARREN. .Ahis is upon th<Nj>asis of the current law,
except they cut down in rent,.and tli\basis on which the ap
propriation asked'is (be number of d X s in which tlie court
would be provided for at tlie rates ofX alary established by
law, and at a lower rate of rental, whicV is made as low as
possible. Of course, tbe old appropriation for traveling ex
penses is left out entirely. But tbe amount i\ i s stated, a little
short of $20^)00—$19,977.17.
X
Mr. POINDEXTER. There is nothing in theXyendment pro_
posed by the committee from which it can be deXmnined how
much of this money is to he expended for rent, hotrspuch for
furniture, and how much for any other incidental expenses.
I notice in a statement which I have in my iHUixJamong some
of the incidental expenses o f this court, pasteboaroftttiug pipes
and drapery, $150; slip covers for 55 window draperies and 7
1913
CONGRESSIONAL RECORD— SENATE.
court screens, $145; 13 mahogany and silk-lined window shades, sion, or in the construction and abuse of powers which the
$122; altering 5 judge’s court-room chairs, original cost $945; court has or claims to have under the law untf£r which it was
72 feet mahogany bookcases, $1,404; 1 leather davenport, $175; organized.
J?
models for carved work, $100; 5 judge’s court-room chairs,
The same reasons that applied then apply ■
’now. So far as I
$G90; 3 plate-glass tops for desks, $57; and 7 leather pil am concerned, I expect to vote the same way now that I voted
lows, $77.
then, and it seems to me that the Senajjf unless there is some
I should like to inquire of the Senator from Wyoming if he reason proposed, ought to refuse to re# rse the action which it
can state what portion of this item of $16,111, specified in the took at the last session.
last item in the amendment, is available for expenses of the
The Supreme Court of the TInitedrStates has declared in one
kind I have just mentioned.
of its decisions, which has already been cited, that the action
Mr. WARREN. The first appropriation for this court was of the Commerce Court—the rules undertaken to be laid down
on a basis of $100,000 for the first year. For the current bill by the Commerce Court—hadjrne effect of revolutionizing the
or the present fiscal year was a trifle over $02,000.
law under which the Interstate Commerce Commission was
The proposed sum for four months to complete the present exercising its functions. Jiefore this court was created the
fiscal year is on the basis of the $62,000 a year, and amounts to Interstate Commerce Concussion was regarded as an adminis
a little less than $20,000 for the four months. This amount trative body, acting under a rule or policy laid down by Con
covers every expenditure of every character of the Commerce gress, and its administrative acts were final; its findings as to
Court, excepting, of course, the salaries of the judges them facts, except when*..there was an excess of jurisdiction, were
final. But this court, set up as a supervisory power, or setting
selves.
itself up as a supervisory power, as to the findings of fact made
Mr. DIXON. That would be $16,000.
Mr. POINDEXTER. It would take some little time, and I by the Interstate-Commerce Commission, has rendered the Inter
am not going to undertake to make the calculation the Senator state Comme^e Commission practically useless.
refers to. My understanding has been that ordinarily in appro
These tliiafs were all discussed at the last session, and it
priation bills the amounts appropriated for the items specified would be Useless, and I do not propose to go into them now.
are stated in the bill. Of course, it would make no difference I simply..,%ant to register an objection, as far as I am con
what explanation the Senator from Wyoming would give or cerned, for one, to a reconsideration of the question, when there
what -were the intentions of the Senate in appropriating this is no reason advanced for a reconsideration of it.
The experiences which we have had with other courts that
amount. The law on the face o f it leaves absolute discretion
in the Commerce Court to spend the entire $16,000 for leather undertake to set themselves up above the law has not tended
pillows, or mahogany bookcases, or altering judge’s chairs, or iu any way to support the position taken by the Commerce
Court. Very recently in the State of Idaho the supreme court
plate-glass tops for desks.
I desire to call attention to the absolute lack of any limitation , ?of that State took a position very analogous to that which has
?
in this amendment of the proportion of the sum appropriated' been taken by the Commerce Court in regard to its functions,
which may be used for'incidental expenses. There is no sp$fi- and laid down the rule that the Legislature of the State of
fieation of the portion of this sum which is to be spent for Idaho had no power to limit punishment for contempt of court;
rent; and if we are to judge by the practice of the court here that the court was supreme; that the court was above the legis
tofore in expending money, I would suggest that if the,■Appro lature ; that it had some inherent powrer derived from some mys
priation is going to be made at all it ought to be lim it# to the terious source, which it did not explain, which was not subject
purposes for which Congress intends it to be used.
to regulation by the legislature. It undertook to imprison pub
Mr. WARREN. The Senator does not strengthen, his case by lishers of a newspaper for a period of time double the limita
repeating it. There is no such latitude as the Senator states. tion fixed by the legislature o f the State as a penalty for con
This specifically provides that a certain amount, which it is tempt, and expressly declared that the legislature had no right
easy to calculate if a man will take a pencil and a piece of to limit the power of the court. That, to all intents and pur
paper, is to be spent within a certain length-Of time and for a poses, is the attitude that has been taken by this Commerce
Court.
certain purpose.
/'
The difference between the salaries at.the rate per annum
It is a superfluous body. It is not needed, even though it
stated for the length of time stated, which, as I have already had subjected itself to the law that has beeu laid down by the
said, amount to over $12,000 of this sum, and the total appro Supreme Court of the United States. But it has not done that.
priation under this paragraph would,, be the amount available It has assumed an authority which the law does not give it,
for the items referred to.
and has announced the same doctrine in the performance of its
Mr. GALLINGER. The total amount is $19,000.
functions, in the issuance o f temporary injunctions to restrain
Mr. POINDEXTER. That is the entire sum.
orders made by the Interstate Commerce Commission, which the
Mr. DIXON. If the Senator; from Washington will pardon Supreme Court o f Idaho announced in this contempt case,
me, the amount for salaries is less than $4,000. The $12,000 namely, that it had certain inherent powers above the people,
is for the entire year. You are appropriating for the period acting through the legislature, which had undertaken to define
only from March to June. The amount that you are appropri the limit of its power.
The expenses of this court amount to almost $100,000 a year,
ating for salaries is the difference between $16,111.11 and
$19,977.78. There is absolutely $16,000 that can be expended taking into account those matters which are not included in
there on the certification of the presiding judge without any the items specified in this bill. The money has been expended
regard to the question Whether it is for leather sofa pillows or extravagantly and recklessly, and if this amendment passes it
wall leave absolutely iu the discretion of the court, as has been
mahogany bookcases or plate-glass tops or what not.
Mr. WARREN. Tae Senator will understand that this, in already stated, an opportunity to continue the extravagant
addition to rent, is # cover the cost of books and periodicals, expenditure o f this lai*ge amount of money for purposes which
t>
Pay of bailiffs, an<^so on, at the seat of government. These are utterly unnecessary and improper.
Mr. BORAH. Mr. President, the maimer in which this
items are, of course, in the estimate, and if it is desired to make
the point that ea£h one should be specifically stated, it makes amendment comes up makes it a little difficult and embarrassing
ho
the case different from our appropriations for other courts. to one wT is opposed to the Commerce Court and at the same
time would like to see its existence terminated in an orderly
But that can h i done.
Mr. POINDEXTER. Mr. President, this appropriation is for way. I was opposed to the creation of the Commerce Court
the support dt the court, which the Senate, at its last session, and I am opposed to its continued existence. I hesitate, how
after thorough debate and a full discussion of the record of the ever, to vote against appropriating the money necessary to run
court, and A e relations of the court with the Interstate Com the court so long as it is in existence.
I f I were not of the opinion that the act would be followed,
merce Coipinission, and the revolution which the court had
Worked iff the Interstate Commerce Commission, and the in if successful, by some means or method of disposing of the
terference with the functions of that commission, had abolished cases and transferring them in an orderly way and in disposing
to all intents and purposes. It seems to me it is not a particu of the court, I should not vote against this appropriation. But
larly edifying spectacle before the country when the Senate, it seems to me that if we are successful in cutting off the ap
after great deliberation and thorough debate, has decided a propriation it wall be followed in an orderly way with an act
matter of this kind, that we should reverse that action at the which will dispense with the court and transfer its jurisdiction
succeeding session of Congress. I am not aware of anything to other courts.
For that reason, while it is somewhat, of an incongruous po
that has occurred in the meantime that renders this court more
acceptable now than it was then, nothing that has occurred sition for one to occupy who is in favor of appropriating money
that has in any way indicated that the court is disposed to whenever a court is in existence, I propose to cast my vote
change its attitude toward the Interstate Commerce Commis against the appropriation. I am so thoroughly opposed to the
1584
CONGRESSIONAL RECORD— SENATE.
that I can not give my consent to anything which would
eem to favor its continuance.
The PRESIDING OFFICER. The question is on the amend
ment reported by the Committee on Appropriations, on page 144
of the hill, on which the yeas and nays have been ordered. The
Secretary will call the roll.
The Secretary proceeded to call the roll.
Mr. CRANE (when his name was called). I-am paired with
the junior Senator from Maine [Mr. Gardner] and therefore
withhold my vote.
Mr. GALLINGER (when his name was called). I have a
general pair with the junior Senator from New York [Mr.
O’Gorman]. I think that Senator is not in the Chamber. I
will transfer my pair to the Senator from South Dakota [Mr.
Gamble] and vote “ yea.”
Mr. THORNTON (when Mr. O’Gorman’s name was called).
I '’desire to announce, that the junior Senator from New York
[Mr. O’^ rman
^ecess;udl^ahseu(^fp?ni the^Chamber. He
is paired with
fcfgMpbJ* New Hampshire [Mr.
Senator,
G al
aafcafled/' ft non paired
Mi
sirmi [Mr:
x ia m
W itl//fie jufekJr' Sei^rfor'frtffli fjlUV&sippi ■IMr.' W wC iam s ]. I
observe that he is riot in the Chamber. I transfer that pair to
my colleague/ the junior. -Senaton from Pennsylvania [Mr.
Oliver], £he#eby permitting the junior Senator frorff Oregon
[Mr. Cg^^ERngjv] andihyself JO vote. I vote “ yea.
January ig
Mr. OWEN. I think the point of order is well made. I
‘red the amendment, however, because it is a matter of great
iportance to the future usefulness of the Senate and tli
fouse of Representatives to begin the establishment of a ref'
’•ence bureau from which a Senator or Representative may
Main authoritative information on legislative questions. f r
las been established in Wisconsin and has proved very useful
there. I hope the Senator from Wyoming will not insist upon
his point of order.
1
The PRESIDING OFFICER. The Chair will withdraw his
ruling if the Senator from Wyoming desires to withdraw tlu>
point of order.
Mr. .WARREN. Mr. President, I do not feel that I ought to
withdraw the point of order, because, in the first place, there is
no law or estimate for it, and it has not had the consideration
of the committee. I think it should have the consideration of
the committee, which the committee has not been able to give it
I therefore insist on the point of order.
Mr. OWEN. I remind the Senator that it passed the Senate n
year ago, if I am not mistaken.
The PRESIDING OFFICER. The point of order made by the
Senator from Wyoming is sustained.
Mr. MARTINE of New Jersey. I desire to present an amenir
ment.
The PRESIDING OFFICER. The amendment will he read
The Secretary. Under the head of “ Legislative,” insert:
rr.^MtTUvlNs5 (w hm /his yij^ue was called). L have a genThat the salary of all employees of the United States Senate win,
air with tlie
fejpsn/ North Carolina >|Mr. are receiving less than $1,800 are hereby increased 25 per cent, jn
O verman ] . „ He M uee'e#ar|l^, ahsoi|l' ^ r fc c o p n t o$rsio*ness. no case, however, shall the salary so increased exceed $1,800.
•
s*
knowing how he*Wthild S
rbte if i^esenr, I withhold my vote,
Mr. MARTINE of New Jersey. My purpose, IM President, in
r.
he roll call wa/.concluded.
offering the amendment is that we may reach those of lower
Mr. DU PONT, f t ha/b a general pair with the senior Sena grade. I feel that it is manifestly fair. It is a universally
tor from Texas i^lr^lpuLBERSoN]. I transfer that pair to the admitted fact that the cost of living has increased from 40 to
SenadmvMTbiri Maryland [Mr. J ackson ] and vote. I 60 per cent, and these salaries have not been increased in years
I feel that it is a matter of simple justice. /
of Wyoming. I have a general pair with the
Mr. WARREN. Mr. President, early injfhe consideration of
Isgo.uri [Mr. Stojte]^ In the alienee*-of that tlie bill the manager of the hill felt tlia / those who were not
for iny pair
:ie,/Reuator fm fi Nefe Mexico satisfied with the committee’s action upon these Senate posi
volte, yr vo
tions ought to have the opportunity to settle it here on the floor
1Y. May I inquire whether the Senator from of the Senate. Therefore, all similar/amendments are for the
Indiana [Mr. K ern] has voted?
Senate itself to settle.
The PRESIDING OFFICER. He has nob voted.
/
Mr. CLARKE of Arkansas. M r./resident, I think this is an
Mr, jpRADLEY. I am paired with that Senator. Ou/accoimt inopportune time for increasing salaries, and we should not
of his atecnceJL decline to - v o w Were We herte I w/uld vote increase a salary until we know jffmt there is a special reason
• vca."
•
}
/
A '
-'W ” t
I
for so doing. The same reasonAvhich prompted me to object
Mr. \ MYERS. ^fajj tlie Senator from
[Mr. to the amendment offered by the" Senator from Virginia prompts
McBsAit] voted ?
me to raise the point of order /g a in st this amendment, it may
The PRESIDING OFFICER.,,/ He has not.
made.
be that
Mr. MYERS. I lia^e a pair « it h the Senator from Connecti be that increases will hereafFr beplace. I It maythe point an
equalization of salaries will/take
raise
of
cut [Mr. McLean ], a*id h / being absent I withhold my vote.
order that this item has so t been estimated for and is not
Mr. SIMMONS. Jt desi/e Fo announce that my colleague [Mr. otherwise within our rule. /
Overman] is 'hbsm|t from the Senate on account of illness.
The PRESIDING OFFICER. A point of order is made by
The result wayannounced—yeas 33, nays 20, as follows :
the Senator from Arkansas. The Chair must sustain the point
YEAS—83.
of order.
f
Dillingham
Page
Bryan
Sutherland
Mr. WARREN. Thgt completes the hill, so far as committee
Paynter
du Pont
Burnham
Swanson
amendments are concerned.
Fletcher
Penrose
Thornton
Burton
Mr. CUMMINS. I desire to ask the Senator from Wyoming
Root
Foster
Catron
Townsend
Gallinger
Sanders
Clark, Wyo.
Warren
whether the amendment known as section 5 was adopted? i
Simmons
Clarke, Ark.
Jones
Wetmore
was called from tip? Chamber for a few minutes this afternoon.
Smith, Md.
Cullom
Kenyon
Mr. WARREN, Section 5 was stricken out on a point of
Smoot
Lodge
Cummins
Martin, Va.
Stephenson
Curtis
order made by the Senator from Oklahoma [Mr. Owen ] and
NAYS—20.
sustained by thO Chair.
Ashurst
Crawford
Martine, N. J.
Pomerene
Mr. CUMMINS. The whole of section 5?
Borah
Dixon
Newlands
Shively
Mr. WARREN. The whole of section 5.
Bristow
Heiskell
Owen
Smith, Ariz.
The PRESIDING OFFICER. The Injl is still as in Com
Chamberlain
Johnson, Me.
Perky
Smith, Ga.
La Follette
Clapp
Poindexter
Tillman
mittee of tM Whole and open to amendment.
NOT VOTING—41.
Mr. CUMMINS. I wish to make one further statement, t
Bacon
Gamble
Lippitt
Reed
stated this afternoon that before the disposition of the bill
Bankhead
Gardner
McCumber
Richardson
I intended to offer an amendment relating to the Naval Observa
Bourne
Gore
McLean
Smith, Mich.
tory, th# American Epliemeris, and the Nautical Almanac, i
Bradley
Gronna
Massey
Smith, S. C.
Brandegee
Guggenheim
Myers
Stone
have excluded not to do so. but I shall offer a resolution pres
Briggs
Hitchcock
Nelson
Watson
ently J6r an investigation of that subject by the Committee on
Brown
Jackson
O’Gorman
Williams
Naval'Affairs.
Chilton
Johnston, Ala. Oliver
Works
Crane
Johnston, Tex. Overman
M SMITH of Georgia. I wish to give notice that imme
i*.
Culberson
Kern
Percy
diately after the conclusion of the omnibus claims bill, which
Fall
Lea
Perkins
is in charge of the Senator from South Dakota, I shall ask the
/" S o the amendment of the committee was agreed to.
Senate to take up and consider House hill 22871, to establish
Mr. OWEN. On page 26, after line 6, I move to insert:
agricultural extension departments in connection with the agri
For legislative reference bureau, under the direction of the Librarian cultural colleges of the several States.
of Congress, $10,000.
Mr. CRAWFORD. I could not hear the first part of the
Mr. WARREN. I make a point of order against the amend statement of the Senator from Georgia.
ment. It is not estimated for and is not recommended by any
Mr. SMITH of Georgia. Immediately after action by the
committee.
Senate upon the omnibus claims bill, which is under the Sena
The PRESIDING OFFICER. The point of order is sus tor’s direction, I shall then ask the Senate to take up the agri
tained.
cultural extension bill.
1913.
COXGEESSIOXAL RECORD— SENATE.
1567
amount paid other committee clerks and employees in either
Mr. BRISTOW. Mr. President, I wanted to say in regard to
body for the same services in this way is a very dangerous (he comparisons which the Senator from New Hampshire has
thing to do, and I intend to vote against it. It is proposed to been making, that I do not think they are fair, because the
pay .$1,000 to a janitor. We do not pay that anywhere.
clerical allowance for a Senator is more than that for a Mem
Mr. CLARK of Wyoming. Mr. President, I have no question ber of the House, and it ought to be, because his constituents
whatever but that probably the salary of the clerk of the Com embrace the entire State, and he has correspondence with the
mittee on the Judiciary of the House should be $3,000. I constituency of every Member of the House from his State. I
would he glad if it were made that; but it occurs to me that the do not think the comparisons made are at all pertinent to this
record in this case will show that if this amendment is adopted question.
the Senate is fixing the salary of the employees of the House.
Mr. CRAWFORD. Mr. President, this looks queer to me.
The House sending the bill to the Senate has fixed the salary Here is a Senate Committee on the Judiciary. All judicial
of the clerk of the Judiciary Committee at $2,500. It may appointments come before the Senate for confirmation. They
have been through inadvertence, as undoubtedly it was; but are referred to that committee. It certainly has as much work
notwithstanding that, the fact is that as this bill came here to do as the House committee.
passed bv the House it fixed the salary of its own employee at
Mr. CLARK of Wyoming. Mr. President-----$2,500.
Mr. CRAWFORD. And we havqdi clerk. We pay him $2,500
Mr. LODGE. Two thousand.
a year.
.jr
Mr. CLARK of Wyoming. No; $2,500. It appears in the
Mr. CLARK o f Wyoming. Mr. President-----Senate in that way. We have accompanying that a letter from
The PRESIDING OFFICER. Does the Senator from South
the chairman of the House Judiciary Committee saying that, Dakota yield to the Senator, from Wyoming?
in his opinion, the salary ought to be $5,000. We also have a
Mr. CRAWFORD. Let jfie finish this.
letter from the chairman of the Committee on Appropriations
Mr. CLARK of Wyoming. Very well.
of the House saying that, so far as he is concerned, it ought
Mr. CRAWFORD. r^ie House pays $2,500 to its clerk, and
j
to be $3,000: but we have the action of the House itself in pass it passed an appropriation bill with provision for paying him,
ing on the bill as having fixed it at $2,500. Now, does not the as usual, and then incomes over here in this very strange way
Senate put itself in the position, if this amendment is agreed to, at the last m inut^just after we have refused, to give to our
of saying to the House of Representatives, “ We do not take own employees m the Senate any increase, after we have
your view as to what the salary of the committee clerks ought refused to consider a proposition made here with relation to
to be. but we take the view o f the Senate, fortified by the view our own employees; and when the House has failed to provide
of the chairman of the Committee on the Judiciary and also of for this man,,passed the bill without doing it, it comes in here
the chairman of the Appropriations Committee” ? It occurs to is this peculiar way and asks us to increase the salary of one
nie that, no matter how worthy this appropriation might be, we of its clerks, it is a small matter, but it seems to me a very
are putting ourselves in a strange position by seeking to remedy peculiar proceeding.
an oversight of the House in this particular way. If the House
Mr. LODGE. Mr. President, it seems to me this debate illus
is in favor of this. 1 suppose a supplemental hill can be passed trates, just the reason for the comity which has heretofore
fixing the salary of the clerk at $3,000. I am only throwing out existed between the Houses. We can not pass on the needs or
this as a suggestion, because I am convinced from what has been the requirements of their committees or of their employees. We
said that the salary of the clerk of that committee ought to be can not do it properly or intelligently, and we are not the
$3,000. I am merely suggesting it in the light of the conditions gufuxlian of the House. They have the power to look after their
and the circumstances.
own expenses, and I should resent very much any attempt on
Mr. GALLINGER. Mr. President, I think we ought not to ( Che part of the House to say what we should pay our employees.
?
hesitate about this matter. The truth is that in the case of the^
Mr. CLARK of Wyoming. Mr. President-----Committee on the Judiciary of the Senate, which presumably
The PRESIDING OFFICER. Does the Senator from Massa
has not more help than is needed, the salary list amountsifo chusetts yield to the Senator from Wyoming?
more than twice that of the same committee of the House; at'ul,
Mr. LODGE. Certainly, I yield.
while I hesitate to call attention to any committee, for instaiice,
Mr. CLARK of Wyoming. I want to ask the Senator if the
the Committee on Pacific Islands and Porto Rico of the Senate House of Representatives has asked for this?
has a salary list larger than that of the Judiciary Committee
Mr. LODGE. In my judgment, that point, if the chairman
of the House.
'
of the Committee on Appropriations and the chairman of the
Mr. BRISTOW. Mr. President-----Committee on the Judiciary in the other House are to be called
Mr. GALLINGER. The Committee on Expenditures in the in question as representing the House, does not appeal to me.
Department of Justice of the Senate pays more in salaries than I think they are responsible to the House for what they do.
is paid to the employees of the Committee on the Judiciary of Their request is published here; everybody in the House will
the House. I do not mean to allude to any particular com read it to-morrow. If they do not represent the House and the
mittee in any disagreeable way. The House in framing this House objects to what they are doing, then it is for the House
Dill have not interfered with our list of employees; they have to deal with them. But I do not think it is for us to question
been very generous; but it seems to me if we haggle over this their responsibility.
matter the House may take a hand, in saying that the Senate
Mr. ROOT. Mr. President, we know the chairman of the
has more employees than it ought to have and make trouble Judiciary Committee of the House and a considerable number
for us in our appropriation bills.
of the members of that committee have been here during the
Mr. CLARK of Wyoming. Will the Senator yield to me for entire session attending upon the trial of the Archbald impeach
a question?
/
ment. They undoubtedly have been very much engrossed in
The PRESIDING OFFICER. Does the Senator from New performing their duties as managers, and it is quite natural
that they should have overlooked a matter of this kind, and as
Hampshire yield to the Senator from Wyoming?
long as we are told that it is a matter of inadvertence I do
Mr. GALLINGER. Certainly.
Mr. CLARK of Wyoming. Are \fe not, in taking the action not care about standing on details of punctilio about it. I think
Proposed, interfering with the action of the House as to their we ought to accede to it.
employees?
/
Mr. CUMMINS. Mr. President, I am not as familiar with
Mr. GALLINGER. I think abt, inasmuch as the request has the rules as possibly I ought to be, but I think this amendment
rome from the chairman of the Committee on the Judiciary and is contrary to the rules of the Senate, and I make the point of
the chairman of the Committee on Appropriations of the House. order against it that it increases the appropriation already
I think courtesy demands that we should accede to the request, contained in the bill, and (hat it has not been moved by direc
tion of a standing or select committee of the Senate or proposed
and I do not think it is interfering at all-----Mr. CLARK of Wyoming. That is just the point, Mr. Presi- in pursuance of an estimate of the head of any department, and
dent. with which I had difficulty—that we were interfering with therefore it is inadmissible under the rules of the Senate.
Mr. WARREN. Will the Senator from Iowa withhold for a
the action of the House. That is what I want to avoid.
Mr. GALLINGER. That does not trouble me at all. I think moment? There lias been some talk here as to the Senate con
it is a matter of courtesy that we ought to accede to and not trolling exclusively its own employees and their salaries. I was
diseusu it very much, because if we get into a wrangle between taught early in my work here that the Senate should control its
the two Houses as to the matter of the salaries that are paid employees and their salaries, and the House should control its
our emplovees, I confess I think the Senate would get the worst employee^ and their salaries.
It will be remembered that last year we had a quite large addi
° f it. That is my judgment; and I should like to have this
Passed over as quietly as possible and let the request be ac tion—the Senator from Iowa was one of a subcommittee tliat
reported to the full committee on this side—we had in the bill
ceded to, and I do not think we will ever hear from it again.
1568
CONG J! ESSIOXA L RECORD— HOUSE.
a great many new Senate places. The point was made by the
House that we had added too many and that they had a right—
that is, the conferees— to have a say about the employees o f the
Senate. W e contested the matter nearly three weeks in confer
enee, the Senate conferees maintaining that they had the right
to control the Senate employees, and that right was finally con
ceded by the House conferees.
Now, the Senator is right that the correct place to have fixed
this item was in the House, but as it is to go into conference, in
which the House would be represented, and as it has to go to
the House first, (hey can cut it out if they want to. I very
much fear that to change the rule or practice o f comity between
the House and the Senate may place in jeopardy some amend
ments o f the Senate the retention o f which may be deemed
desirable.
I have felt that in conference the conferees would not allow
higher salaries there than here, probably, and it would be ad
justed so that each House could maintain its respective position.
Mr. CUMMINS. Mr. President, I do not believe that the
House will recognize this infraction o f the rule o f courtesy,
which permits each House to fix the salaries o f its own em
ployees. W e have the House bill before us and this is not a
proposition to reduce the salary.
I f a mistake has been made, and one seems to have been
made, the method that is suggested is not, in my opinion, the
•oper way to correct it, and therefore I insist upon my point
b f order.
The PRESID IN G OFFICER. The Senator from Iowa mak
the point o f order that this amendment is out o f order unde1
Rule X V I. The Chair submits that point to the judgment o f th
Senate. Senators who think it is in order will say “ aye,” and
those that think it is not in order will say “ no.” [Putting tt
question.] The “ a y e s” seem to have it.
Mr. CLARKE o f Arkansas. I call for a division.
Mr. CUMMINS. I call for the yeas and nays.
Mr. W ARREN. Just call for a division.
Mr. BRISTOW . N o; let us have the yeas and nays.
Mr.'CUMMINS. As we are to construe a rule o f the Senate,
I want it done with a proper sense o f responsibility.
The yeas and nays were ordered, and the Secretary pro
ceeded to call the roll.
Mr. BRISTOW . May I ask that the question be stated, so
that we may know just what we are voting on?
The PRESID IN G OFFICER. The question is, Is the amend
ment in order? Those who say that it is in order w ill say
“ yea ” and those opposed w ill say “ nay.”
The Secretary resumed the calling o f the roll.
Mr. D ILLINGHAM (when his name w as called). I with
hold my vote on account o f my general pair with the senior
Senator from South Carolina [Mr. T i l l m a n ] , who is absent.
Mr. GALLTNGER (when his name was called). I again
announce my pair with the junior Senator from New York
[Mr. O ’ G o r m a n ] , and I transfer that pair to the senior Senator
from South Dakota [Mr. G a m b l e ] . I vote “ ,vea.”
Mr. PENROSE (when his name was called). I transfer my
pair with the junior Senator from Mississippi [Mr. W i l l i a m s ]
to the junior Senator from Maryland [Mr. J a c k s o n ] and vote
“ yea.”
Mr. SIMMONS (when his name was called). I a m paired
with the junior Senator from Minnesota [Mr. C l a p p ] , a n d
therefore withhold my vote.
The roll call was concluded.
Mr. CLARK o f Wyoming. I have a general pair with the
Senator from Missouri [Mr. Stone]. In the absence o f that
Senator, I withhold my vote.
Mr. THORNTON. I wish to announce the necessary absence
from the Chamber o f the junior Senator from New York [Mr.
O ’G o r m a n ].
He is paired with the senior Senator from New
Hampshire [Mr. G a l l i n g e k ] ,
The result was announced— yeas 17, nays 14, not voting G3,
as fo llo w s:
Catron
Fletcher
Foster
Gallinger
Jones
Y E A S — 17.
Perky
Lodge
Root
Martin, Va.
Smith, Md.
Martine, N. J.
Page
Stephenson
Penrose
Thornton
Ashurst
Borah
Bristow
Bryan
Burton
Clarke, Ark.
Cummins
Hciskell
Bacon
Bankhead
Bourne
Bradley
Brandegee
NOT VOTING— 63.
Briggs
Clapp
Brown
Clark, Wyo.
Burnham
Crane
Chamberlain
Crawford
Chilton
Culberson
N AY S— 14.
Poindexter
Sanders
Shively
Smith, Ariz.
Warren
Wetmore
Smith, Ga.
Smoot
Cullom
Curtis
Dillingham
Dixon
du Pont
Fall
Gamble
Gardner
Gore
Gronna
Guggenheim
Hitchcock
Jackson
Johnson, Me.
Johnston. Ala.
Johnston, Tex.
Kenyon
Kern
Da Follette
Lea
Lippitt
McCumber
McLean
Massey
Myers
Nelson
Newlands
J a n u a r y
O'Gorman
Oliver
Overman
Owen
Paynter
Percy
Perkins
Pomerene
Hood
Richardson
Simmons
u
Smith, Mich.
Smith, S. (j
Stone
Sutherland
Swanson
Tillman
Townsend
Watson
Williams
Works
The PRESIDING OFFICER. The vote discloses no quorum
Mr. W ARREN. I give notice that I will ask to take up thp
bill for completion, if it is the pleasure o f the Senate, immedf
ately after the routine morning business to-morrow.
OMNIBUS CLAIMS BILL.
Mr. CRAW FORD. I desire to give notice that to-morrow,
the conclusion o f the consideration o f the legislative approp’rjV’
tion bill, I shall ask the Senate to resume the consideration of
the omnibus claims bill.
Mr. W ARREN. I move that the Senate adjourn.
The motion was agreed to ; and (at 5 o’clock and 57 minutes
post meridian) the Senate adjourned until to-morrow, Thurs.
day, January 10, 1013, at 12 o’clock meridian.
H O U SE
OF
R E P R E S E N T A T IV E
IM
ST ' Hoftse mot :tf
h^
^'Ftock^fioon.
The Clijrfilain, Rev. H em y N. Couden, D. D., offey
lowing-nprratyer:
/|
/
O TVou| w h o ^ n o w e s / ine, I^ghiaing and the
boldest jj? Thy grasp thVdest tfly q f men, prepaid
ipeet whatever may cojiie Ip us this day, in jc
TWO
and give to usTthe cour^
— 1A
victory
to dq qti duty mTit#i£ Kiveii usJ.<L$tce i
L oU
"
_
hC .ToTmntl
approved.
read and
a
if.
a d fc t f /s t h e T l o u s e
T T th ro e
O
i
nFJ l
? i
us consent fo \
m in u te s .
Tfl'e SPEAKER. The gentleman f r j i J California [Mr. R aker]
as£i$ ynaiiimous consent to address tljafHouse fq f three minutes.
Ijfdhfire objection? [A fter a p a u s e .]/T h e Chgfr hears none
Mr. t>AKF.K Mr. Speaker,- as
ftgjtf
flirf
m (iW oifiiir, m liable to increase J
conTrary fo fl^ratemenTthat iSyHejftg circulated, I desire to h av«
the Clerk read ah article i id t he San Francisco Chronicle, o /
January 8 , 1913.
( Jr
The SPEAKER. WithoutMfTjection, the Clerk will read.
The Clerk read as follow s:
ONE
SEVEN IS JAPANESE.
s^****0^
Sa cr a m e n t o ,
January
7.
of all the marriages in San Francisco are between
Japanese subjects, according to George Leslie, statistician of the State
board of health. During the year 1912 San Francisco had G.102 mar
riages, and of this number 807 brides were of Japanese nativity, or 140
per cent. For 1911 the proportion of Japanese brides was only about, one-
Amor-
ican fashion.
Mr. RAKER.
time.
Now, Mr. Speaker, I yield the balance o f my
LANDS IN STANDING ROCK IND IAN RESERVATION, SOUTH AND
DAKOTA.
NORTH
Mr. STEPHENS o f Texas. Mr. Speaker, I desire to ask
unanimous consent to call up Senate bill 109, an act authorizing
the sale and disposition o f the surplus and unallotted lands in
the Standing Rock Indian Reservation, in the States o f North
Dakota and South Dakota, and making appropriation and pro
vision to carry the same into effect, and to agree to a conference
asked by the Senate on the bill.
The SPEAKER. The gentleman from Texas [Air. Stephens ]
asks unanimous consent to agree to the conference asked by the
Senate on the bill, which the Clerk will report.
The Clerk read the title o f the bill, as fo llo w s:
An act (S. 109) to authorize the sale and disposition of the surplus
and unallotted lands in the Standing Rock Indian Reservation, in the
States of South Dakota and North Dakota, and making appropriation
and provision to carry the same into effect.
The SPEAKER. Is there objection? [A fter a pause.] The
Chair hears none. The Chair announces the following con
ferees on the part o f the H ouse: Air. S t e p h e n s o f Texas, Air,
F e r r i s , and Air. B u r k e o f South Dakota.
C N R
O G ESSIO AL R C R —SEN
N
EOD
ATE.
1913.
1605
sistent with the views and the feelings o f the great body o f the
American people.
The PRESID EN T pro tempore. The Senator from Nevada
asks unanimous consent for the present consideration o f the
bill just reported.
/
ATCHISON, TOPEKA & SANTA FE BAIL W AY.
Mr. W ARREN. I do not want to—
Mr. JONES. From the Committee on M ilitary Affairs I re
Mr. CLARK o f Wyoming. There i f no objection to the pres
port favorably, with amendments, the bill (S. 7415) granting to ent consideration o f the bill, but J think it will evoke some
the Atchison, Topeka & Santa Fe Railw ay Co. a right o f way considerable discussion.
through the Fort Wingate M ilitary Reservation in New Mexico,
Mr. W ARREN . I rise to sayjfhat, while I do not object to
and for other purposes, and I submit a report (No. 1119) this particular bill, I feel I ojg n t, in justice to appropriation
thereon. I call the attention o f the Senator from New Mexico bills, to object to a bill that w ill consume any time in debate:
[Mr. C atron ] to the bill.
and if this bill w ill probabl,$%>nsume time in debate, I should
Mr. CATRON. I ask unanimous consent for the present feel that I had to object.
consideration o f the bill.
Mr. NEW LANDS. I supposed, Mr. President, there woud be
There being no objection, the Senate, as in Committee o f the no objection to this bilL^which is reported from the Committee
Whole, proceeded to consider the bill, which had been reported on Public Lands, and Lmsk the Senator from Wyoming whether
from the Committee on Military Affairs with amendments.
he intends to discusjtfft?
The amendments were, on page 1, line 5, after the word
Mr. W ARREN . Jp have no intention o f discussing the bill,
“ hereby,” to strike out “ empowered ” and insert “ granted a but two or three Senators about me have said that it would lead
revocable license,” and on page 2 , line 2 2 , after the word to discussion, a n # tlia t they wanted to discuss it.
“ taken,” to in sert:
Mr. CULLClrff Let it. go over.
P r o v i d e d fu rtheK That any other person or duly organized corpora
Mr. NEWIjjrNDS. I ask the Senator from W yom ing whether
tion constructing aNrailroad along a line necessitating the crossing of
he w ill not jpprmit the present consideration o f this bill?
said reservation m ap . upon obtaining a license from the Secretary of
Mr. CLAgEK o f Wyoming. I do not object to the present conW ar, use the track akd other constructions herein authorized to be
placed upon the reserv:ftion by the said Atchison, Topeka & Santa Fe
sideratic^Fof this bill. I w ill say to the Senator from Nevada
Railway Co. upon paying- just compensation; and, if the parties con
that, mgFt he*contrary, I am quite willing that it should be con
cerned can not agree upoh’',tlie amount of such compensation, the sum
s i d e r ^ at this time, but I think it is quite evident that it w ill
or sums to be paid for said %§e shall be fixed by the Secretary of W ar :
Provided further, That before ib is act shall become operative a descrip
evoke' some discussion in the Senate before it is finally voted
tion by metes and bounds of the lands herein authorized to be taken
ups$. I certainly have some few suggestions that I should
shall be approved by the Secretaty of W ar.
lips to present upon the bill, and I think there are other Sena
On page 2, line 29, after th e'w ord “ Kansas,” to insert “ and tors who have.
other parties obtaining license from the Secretary o f W ar as £ Mr. CRAW FORD. Mr. President-----hereinbefore provided,” and to insert new sections, 3 and 4, so^
The PRE SID EN T pro tempore. The question is on the re
as to make the bill re a d :
\
-rf
quest for unanimous consent for the present consideration o f
B e it enacted, etc., That the Atchison, Ip^peka & Santa Fe Rails&y
the bill, which is not debatable except by unanimous consent.
Co., of Kansas, a corporation created under a^id by virtue of the Taws
of the State of Kansas, be, and the same is lie«eby, granted a revocable
Mr. CRAW FORD. I desire to object. I f I am not allowed
license to survev, locate, construct, and maintani a railway, telegraph, to say anything further, I simply object.
and telephone line into and upon Fort WingateNMilitary Reservation,
The PRE SID EN T pro tempore. The Chair does not endeavor
N. Mex., to connect with its present right of way, a s m a y be determined
The Senator from South
and approved by the Secretary of W ar or the chief officer of tbfe depart to control the Senator in that regard.
ment under whose supervision such reservation may olfcorwisejiall.
Dakota objects and the bill w ill be placed on the calendar.
S ec . 2. That said corporation is authorized to takesand jise for all
purposes of a railway, telegraph, and telephone line, an$ for no other
IfH A S INTRODUCED.
purpose, a right of way 2 00 feet in width through s a i d '^ r t Wingate
Reservation, with the right to use other additional groufid when cuts
Bills were introduced, read the first time, and, by unanimous
and fills mav be necessary for the construction and mainfcenftijce of said
consent, the second time, and referred as follow s:
roadbed, not exceeding 100 feet in width on each side of the'said right
By Mr. M ARTIN o f V irg in ia;
of way, or as much thereof as may be included inysaid cim or fill,
excepting, however, from said right of way hereby granted that ffirip or
A bill (S. 8141) for the relief o f S. W. Nicm eyer; to the Com
portion thereof which would be included within theAimits of thaytres- mittee on Claims.
ent 200-foot right of way heretofore granted to sa?d Atchison, Tcfceka
(B y request.) A bill (S. 8142) to acquire certain land be
& Santa Fe Railway Co. and used by it as its math line right of way :
tween Peabody and Underwood Streets, east o f Georgia Avenue,
Provided, That no part of the lands herein authdnzed to be taken shall
be used except in such manner and for such purposes as shall be necea
in waX. for a. Public PRi'k; to the Committee on the D istrict o f Co
1
sary for the construction and convenient operation of said railway
telegraph, and telephone lines and the use and enjoyment of the rights^ Uumbia.
and privileges herein granted; and when any? port ion thereof slial 1 cease \ B y Mr. CULLOM :
to be so used such portion shall revert to tlie’ United States, from which
V hill (S. 8143) for the relief o f Edward N. M cC arty; to
the same shall be taken : Provided further, That any other person or
th(^.Committee on Claims.
duly organized corporation constructing a railroad along a line neces
sitating the crossing of said reservation fnay, upon obtaining a license
ByvMr. M cC U M B E R :
from the Secretary of War, use the tracljrand other constructions herein
A bill (S. 8144) granting an increase o f pension to W illiam L.
authorized to be placed upon the refflrvation by the said Atchison,
S h e a ff;V
Topeka & Santa Fe Railway Co. upop#paying just compensation; and,
if the parties concerned can not agrefc upon the amount of such com
A bill \ S . 8145) granting an increase o f pension to Joseph
pensation, the sum or sums to be pakl for said use shall be fixed by the
Cassiday
Secretary of W a r : Provided further, That before this act shall become
A bill (>SjvS146) granting an increase o f pension to John
operative a description by metes find bounds of the lands herein au
thorized to be taken shali be approved by the Secretary of W a r : Pro Emanuel Smftk (w ith accompanying papers) ; and
vided further, That the said Atchison, Topeka & Santa Fe Railway Co.,
A bill (S. SUB") granting an increase o f pension to Allen H.
o f Kansas, and other parties .obtaining license from the Secretary of
W ar as hereinbefore provided/shall comply with such other regulations De G ro ff; to thcMlommittee on Pensions.
or conditions as may from tjfce to time be prescribed by the Secretary
By Mr. B R A N B E G E E :
of W ar.
j
A bill (S. 8148) R antin g an increase o f pension to Lottie E.
S ec . 3. That the powersTherein granted are limited to a period of 50
Lim ont; and
years unless sooner altered.' amended, or repealed by Congress.
S ec . 4. That the righuvo alter, amend, or repeal this act is hereby
A bill (S. 8149) graining a pension to Catherine Soper (w ith
expressly reserved.
/
accompanying papers) ; to the Committee on Pensions.
The amendments^, ere agreed to.
The bill was reported to the Senate as amended, and the
amendments w ere concurred in.
The bill was ordered to be engrossed for a third reading, read
the third time, fmd passed.
The title wafo amended so as to re a d : “ A bill granting to the
Atchison, Topeka & Santa Fe R ailw ay Co. a right o f way
through th e A o r t Wingate M ilitary Reservation in New Mexico,
and for other purposes.”
QUAGMIRE LANDS IN NEVADA.
Mr. NEWLANDS. I am directed by the Committee on Pub
lic Lands, to which was referred the bill (S. 4994) to authorize
Hie inclosure o f certain lands in the State o f Nevada containing
dangerous quagmires, to report it without amendment, and I
submit a report (No. 1111) thereon. I ask unanimous consent
for the present consideration o f the bill.
By Mr. B O R A II:
%
A bill (S. 8150) providing far an extension o f the limits o f
time provided by sections 1 and 2 o f the act o f M arch 3, 1911,
entitled “An act providing forMLhc validation o f certain home
stead en tries” ; to the Committee, on Public Lands.
A bill (S. 8151) to provide fofoThe acquiring o f additional
ground for the site o f the public building at Lewiston. Id a h o; to
the Committee on Public Buildings an% Grounds.
B y Mr. GRONNA:
\
A bill (S. 8152) providing for second Ilmnestead and desertland entries; to the Committee on Public Lands.
By Mr. SA N D E R S:
A bill (S. 8153) to create in the W ar Department and Ike
Navy Department, respectively, a roll designated as “ The Civil
W ar Volunteer Officers’ Retired List,” to authorize placing
thereon with retired pay certain surviving officers who served
in the Army, Navy, or Marine Corps o f the United States in the
1606
C N R SSIO A R C R —SEN
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Civil War, and for other purposes; to tlie Committee on Mili
tary Affairs.
By Mr. N E W L A N D S:
A*bill (S. 8154) for the relief o f Peter Magsam, alias Peter
Moxom, alias Peter G roh; to the Committee on M ilitary Affairs.
By Mr. K E R N :
A bill (S. 8155) granting an increase o f pension to Thomas
Jared (w ith accompanying papers) ; and
A hill (S. S156) granting a pension to Omar E. Brown (with
accompanying papers) ; to tlie Committee on Pensions.
By Mr. CH A M B ERLA IN :
A hill (S. 8157) granting an increase o f pension to Louis C.
Emmett (w ith accompanying papers) ; to the Committee on
Pensions.
By Mr. O L IV E R :
A bill (S. S158) granting an increase o f pension to Christian
Bowman (with accompanying papers) ; to the Committee on
Pensions.
\
%
By Mr. TO W N SEN D :
A bill (S. 8159) granting an increase o f pension to Stephen
Collar (with accompanying papers) ; and
A bill (S. 8160) granting an increase o f pension to Baxter
Johnson (w ith accompanying ^papers) ; to the Committee on
Pensions.
AMENDMENTS TO APPROPRIATION BILLS.
Mr. SMOOT submitted an amendment proposing to appro
priate $1 0 0 ,0 0 0 for the purchase o f stock, seeds, implements, and
such other articles as may be necessary to enable the Indians
residing and having tribal rights on the Uintah and Ouray Res
ervations, Utah, to became established in a self-supporting in
dustry on their allotments of land, etc.; intended to be proposed
by him to the Indian, appropriation bill* which was referred to
the Committee on Indian Affairs and ordered to be printed.
Mr. M ARTIN o f Virginia submitted an amendment proposing
to appropriate $10,000 and $7,483.01, respectively, to credit in
the accounts o f Pay Directors Lawrence G. Boggs and S. R.
Colhoun, etc., intended to be proposed by him to the general
deficiency appropriation bill, which was referred to the Commit
tee on Naval Affairs and ordered to be printed.
Mr. McCUMEER submitted an amendment proposing to ap
propriate $5,000 and interest thereon at the rate o f 5 per cent
per annum from October 30, 1843, to pay to the administrator
o f the estate o f John W. West, deceased, out o f any money in
the Treasury standing to the credit o f the Cherokee Nation o f
Indians, etc., intended to be proposed by him to the Indian ap
propriation bill, which was referred to the Committee on Indian
Affairs and ordered to be printed.
WITHDRAWAL OF PAPERS----JESSE J. LAM KIN.
On motion of Mr. Chamberlain, it was
Ordered. That the papers in the case of Jesse J. Uamkin, late of
Troop II. First Regiment United States Cavalry, be withdrawn from the
filgs of the Senate, there being no adverse report on the same.
;
CHOCTAW AND CHICKASAW INDIANS (S . DOC. NO. 1 0 1 0 ) .
Mr. OWEN. I present a paper in the nature o f a memorial
from the Choctaw and Chickasaw Indians with reference to
their leased district. I ask that the memorial, with illustra
tions, be printed as a Senate document and referred to the Com
mittee on Indian Affairs to accompany the bill (S. 8140) to
authorize the Choctaw and Chickasaw Indians to bring suit in
the Court o f Claims, and for other purposes, introduced by me
on yesterday.
The PRESID EN T pro tempore. W ithout objection, it is so
ordered.
PUBLICITY OF CAMPAIGN CONTRIBUTIONS.
Mr. OWEN. I submit a resolution and ask that it be read.
The resolution (S. Res. 433) was read, as follow s:
Resolved, That the Committee on Privileges and Elections is directed
to report on Senate bill 8118 by February 3.
J a n u a r y lrt
The PRESID EN T pro tempore. The Senator w ill proceed
by the consent o f the Senate, to make such remarks as he may
wish.
J
Mr. OWEN. The bill provides for making effective the lawrelating to the publicity o f campaign contributions. There js
no adequate method now by which it can be required. The bill
provides that the circuit or district court, upon a proper show
ing, may require the publicity fixed by law to be made. It also
provides means for an inquiry into the question o f the cam
paign contributions. I think it is a bill which ought to be
reported on, so as to make complete the law which we have
passed. The committee w ill have three meetings between now
and the date which I suggest should be fixed for the report
I hope that the matter may be acted on, whether I shall bo
present or not.
...****
The PRESID EN T pro tempore. The resolution goes over off
objection.
COL. RICHARD II. WILSON.
Mr. MYERS. I ask unanimous consent for the immediate
consideration o f the bill (S. 7515) for the relief o f Col. Richard
LI. Wilson, Fourteenth Infantry United States Army.
Mr. SMOOT. That bill will lead to some discussion I think
will it not?
• ’
Mr. MYERS. I do not think so. It is a bill that I tried to
get up the other day, and a gouple o f Senators who objected at
that time have withdrawn their objection. I do not think there
w ill be any discussion or objection to it. I may take two or
three minutes to explain it, but I do not think it will lead to
any discussion.
Mr. SMOOT. Let it be read first. I really do not remember
the bill.
The PRESID EN T pro tempore. The bill will be read.
The Secretary. The Committee on M ilitary Affairs report
as an amendment to strike out all after the enacting clause and
to insert:
That Col. Richard II. Wilson, Fourteenth Infantrv United States
Army, he, and lie- is hereby, exonerated l'rom all responsibility for the
loss of the sum of ,$7,181.04 at Fort William Henry Harrison, Mont 0n
or about May 10 to,; 20, 1912. And the accounting officers of the Treas
ury are hereby authorized and directed to credit in the accounts of
Capt. Charles W . Castle, paymaster, the sum of $7,181.64.
Mr. W ARREN. Mr. President, as I said a few moments ago.
I shall feel constrained to object if the bill is to lead to an ex
tensive debate. The bill is a most just one. The subject I
know all about, anal I should be glad to see it passed. So i
shall not object if the, bill does not lead to an extensive debate.
Mr. CRAW FORD. Ur. President, I am unable to find the re
port on this bill. It sefems to me that we ought not to be asked
to vote upon a measure, under a unanimous consent where we
can find out nothing to a iid e us in the report o f the committee.
The report o f the committee certainly ought to be on file before
we are asked to vote on these measures.
The PRESID EN T pro t&npore.^ The Chair is informed that
the report is on the desk. \
f •
Mr. CRAW FORD. It is iW od our desks here.
Mr. MYERS. I should lit * t< /say to the Senator from South
Dakota that I called up this b ll/a b ou t a week ago, and objection
was made because the report had not been printed, it was
printed a week ago and is oii/laie desks o f all Senators.
Mr. DU PONT. Mr. President, I merely wish to say that the
full report submitted by (he Committee on M ilitary Affairs
shows all the facts in the case. \ The bill was unanimously ap
proved by the M ilitary Commitfe^e, and is a most meritorious
one, and it ought to pass/manim^usly.
Mr. DIXON. I should like to siuy to the Senator from South
Dakota that Col. Wilson's pay is 4 w being held up at the War
Department on account of money sent to pay tlie troops being
stolen from the paymaster. Lie was technically in charge, f
never saw him. It happened at Fort Harrison. I think it is
probably as crucial a little bill as lias been reported here. I
hope there will be nb objection to it.
Mr. CRAW FORD. I withdraw my objection. I had not been
able to find the report.
There being no objection, the bill was considered as in Com
mittee of the Whole.
The PRESIDEN T pro tempore. The question is on agreeing
to the amendment reported by 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 tliirthreading, road
the third time, and passed.
\
Mr. OWEN. Mr. President, the bill referred to, Senate bill
8118, is a bill providing-----The PRESID EN T pro tempore. Does the Senator from Okla
homa ask for the present consideration o f the resolution?
Mr. OWEN. I ask for its present consideration and I wish
briefly to explain it.
The PRESIDEN T pro tempore. The Senator from Oklahoma
asks for the present consideration o f the resolution which has
just been read.
Mr. LODGE. The chairman o f the committee is absent. I
think the resolution had better go over until he is here as it
proposes instructions to his committee.
LEGISLATIVE, EXECUTIVE, AND JUDICIAL APPROPRIATION. BILL.
The PRE SID EN T pro tempore. Under the rule, on an objec
tion, the resolution will go over until to-morrow.
Mr. WARREN. I ask the Senate to take up the legislative,
Mr. OWEN. I shall not be able to be present again for some executive, and judicial appropriation bill, being House bill
days, and I desire to call the attention o f the Senate to it.
26680.
9
1918.
C NR
O G ESSIO AL R C R —SENATE.
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1611
M CLA RK E o f Arkansas. I infer from the statement o f the
x*.
Mr. M ARTIN o f Virginia. One at a time. This is an in
Senator from Utah that it w ill give a certain degree o f per novation. It is an extension o f the practice which I think is
manency to his tenure in this particular place.
a bad legislative practice. This name has not been in any
Mr. SMOOT. That is the object o f it. I wish to say that other appropriation bill, and I prefer, therefore, that it should
there is no partiality shown to him as a man.
be singled out and disposed o f individually and separately.
Mr. CLARK E o f Arkansas. I am not objecting, I w ill say.
Then any other name w ill be open to the same objection, if a
Mr. SMOOT. There are dozens o f clerks around the Senate Senator desires to offer the amendment. The present motion,
for whom I have just as high regard as I have for Mr. Carter, therefore, is to reconsider the vote by which the amendment on
hut I do know— lines 23 and 24 on page 12 was concurred in.
Mr. CLARK E o f Arkansas. The Senator need not defend
The PRE SID IN G OFFICER. The question is on the motion
Mr. Carter against any implied accusation in any remarks I made by the Senator from Virginia, to reconsider the vote by
made. I simply wanted to know what he was doing and what which the amendment indicated by him was concurred in. [Put
the effect would be. The explanation made about Mr. Carter’s ting the question.] The noes appear to have i t
competency is sufficient. The place requiring long training and
Mr. SM ITH o f Georgia. A d iv ision !
experience, the explanation satisfies me, and I want to leave it
Mr. M ARTIN o f Virginia. I ask for a division.
there, but I want to know what I am doing when I leave it
Mr. GALLINGER. We always gain time by calling for the
there. You legislate him into the bill until the appropriation yeas and nays when a division is demanded.
Mr. SM ITH o f Georgia. All right— the yeas and nays.
expires in July, 1914?
Mr. GALLINGER. I ask for the yeas and nays.
Mr. SMOOT. It is continuing him only one year.
The yeas and nays were ordered, and the Secretary proceeded
Mr. CLARK E o f Arkansas. One year from June 30. Having
known what I am to do and what my vote amounts to, I am to call the roll.
Mr. CLARK o f Wyoming (when his name was called). I
prepared to castyit to leave his name in tiie bill.
Mr. W O RK Sv vl should like to inquiry M ia t has become o f the have a general pair with the senior Senator from Missouri [Mr.
S tone]. In the absence o f that Senator, I withhold my vote.
unfinished business.
>
f /
£«
Mr. GALLINGER (when his name was called). I am paired
Mr. W A R R E N ./ 1 d o ,u it und#*stS*ud'that tliisr question t.as
with the junior Senator from New York [Mr. O’ Gorman ]. I
been disposed of. There is a motion pending.
Mr. WOljRvS. I do/imr w ant apy. vote to be taken to displace transfer that pair to the senior Senator from Kansas [Mr.
Curtis ] and vote “ nay.”
t h
- a
fcusdnqM T hi liour'lias arrived.
r
f
TIESIDING O FFICER (Mr. F l e t c h e r in the chair),
Mr. M ARTIN o f Virginia ( when Mr. O’Goeman ’ s name was
o’clock having arriyao, th e /lh a ir lays before the called). The junior Senator from N ew ’ York [Mr. O'G orman ]
is unavoidably absent from the city to-day.
Wilfred bj&smfes, #hi«tuv$m bd stated. ;(vECRKTARY. A -joint resolution (S. J, Res„|IS) .propos
Mr. O LIVER (when his name was called). I have a general
m ConstilulAwa Jbi . t h o . j U n i ( f + ; A pair with the junior Senator from Oregon [Mr. C hamberlain ].
et
,. . IjfifSfcM m ie 'S M q # d r /d fe s ir ^ o /fddress
] I transfer that pair to the Senator from New Mexico [Mr A i x ]
m pF
>n the tmfinishfed bu sin gs, I ask that M be temporarily and vote. I vote “ nay.”
laid as
Mr. PER K IN S (when his name was called). I have a general
The PRESID IN G O FFIC E !!. W ithout objection, it is so pair with the junior Senator from North Carolina [Mr. O ver
ordered. The pendhqr question is on the motion o f the Senator m a n ], who is detained from the Senate on account o f sickness.
from Virginia. TheSauestion in the mind o f the Chair is I transfer that pair to the junior Senator from Nevada [Mr.
whether the motion should not be to reconsider the action M assey ] and vote “ nay.”
whereby the amendmnet was agreed to.
Mr. FO STER (when Mr. T hornton ’ s name was called). I
Mr. GALLINGER. Irm as been adopted?
wish to announce that my colleague [Mr. T hornton ] is un
Mr. SMOOT. Yes.
avoidably absent from the Senate.
Mr. GALLINGER. It should be reconsidered, then.
The roll call was concluded.
The PRE SID IN G OFFICER. The Chair understands that
Mr. PAYNTER. I desire to inquire if the Senator from Colo
the amendment w as agreed to by the Senate as in Committee of rado [Mr. Guggenheim ] has voted.
the Whole, and then in the ISenate the action was to concur in
The PRE SID IN G OFFICER. He has not.
the amendment made as in Committee o f the Whole, and now
Mr. PAYNTER, I have a general pair with that Senator
the bill stands with that amendment concurred in. It seems and I therefore withhold my vote.
to the Chair that the motion must be to reconsider the vote by
Mr. L IP P IT T (after having voted in the negative).
In
which the amendment was concurred in.
voting, I neglected to state that I have a pair with the senior
Mr. M ARTIN o f Virginia. My understanding is that the Senator from Tennessee [Mr. L ea ], which I transfer to the
bill came from the committee to the Senate with that amend Senator from South Dakota [Mr. G amble ].
ment in it, and it is in order to act on the amendment when we
Mr. DU PONT (after having voted in the negative). When
I voted I supposed that the senior Senator from Texas [Mr.
get into the Senate.
The PRE SID IN G OFFICER. It is the recollection o f the Culberson] was in the Chamber. A s I have a general pair with
Chair, and the R ecord w ill show, that the amendments made as that Senator, and he is not present, I w ill withdraw my vote.
in Committee o f the W hole were concurred in in the Senate.
Mr. MYERS. I am paired with the Senator from Connecticut
Mr. M ARTIN o f Virginia. There has been nothing of that [Mr. M cL ean ]. I transfer that pair to the Senator from A ri
sort done, as I understand it.
zona [Mr. A shurst ] and vote “ yea.”
The PRE SID IN G O FFICER. It w ill be found on page 1505
Mr. McCUMBER (after having voted in the negative). I
understand that my pair is not present in the Chamber, and I
° f the R ecord.
Mr. W ARREN . The R ecord shows that the amendments made therefore withdraw my vote.
ns in Committee o f the W hole were concurred in in the Senate.
The result was announced—yeas 32, nays 28, as follow s:
YEAS—32.
Mr. M ARTIN o f Virginia. They have not been approved in
Martin, Va.
Shively
the Senate?
1 Bankhead
Ileiskell
Martine, N. J.
Hitchcock
Simmons
The PRESIDING OFFICER. Here is the language, on page Borah
Myers
Smith, Ga.
Johnson, Me.
Bristow
1565:
Newlands
Johnston, Ala.
Smith. McL
Bryan
The P r e sid in g O f f ic e r . The bill is as in Committee of the Whole,and
°Pen to amendment. If there are no further amendments as in com
mittee of the Whole, the bill will be reported to the Senate.
f
The bill was reported to the Senate as amended, and the amend
ments were concurred in
Burton
Clapp
Crawford
Gore
Mr. M ARTIN o f Virginia. I move, then, to reconside
Tote. I was not aware o f the fact that the amendment had
concurred in in the Senate. I move, therefore, that the
° f the Senate so far as this item is concerned be reconside
Mr. SM ITH o f Georgia. I wish to ask that the Senat
large his motion so as to cover each one o f the amendments in
serting the name o f an individual. There are several o f tkam
Mr. W ARREN . The Senator surely does not mean to {take
those in the current law,
Mr. SM ITH o f Georgia. N o; but each o f the amendr
reported by the committee adding a new name.
Mr. M ARTIN o f Virginia. I think the better practice
aet on each one as they come in different parts o f the bill.
Mr. GALLINGER, One at a time,
Bourne
Brandegce
Brown
Burnham
Catron
Clarke, Ark.
Cullom
Owen
Perky
Poindexter
La Toilette
Pomerene
N AY S— 28.
Cummins
Kenyon
Dillingham
Lippitt
Fletcher
Lodge
Foster
Nelson
Gallinger
Oiiver
Gronna
Page
Jackson
Perkins
Ashurst
Bacon
Bradley
Briggs
Chamberlain
Chilton
Clark, Wyo.
Crane
Culberson
NOT V O TIN G — 34.
Curtis
McLean
Dixon
Massey
du Pont
O’Gorman
Fall
Overman
Gamble
Paynter
Gardner
Penrose
Guggenheim
Percy
Reed
Lea
Richardson
McCumber
Johnston, Tex.
Jones
Kern
Swanson
Tillman
Townsend
Works
Root
Sanders
Smoot
Stephenson
Sutherland
Warren
Wetmore
Smith, Ariz.
Smith, Mich.
Smith, S. C.
Stope
Thornton
Watson
/
Williams /
C N R SSIO A R C R —SEN
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1612
■
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■i
So .the motion of Mr. Martin of Virginia to reconsider was
as*tfed to.
/ M r . M ARTIN o f Virginia. I now move that the bill b
/am ended by striking out the name “ George H. Carter,” in line
23 and 24, on page 12.
The PRESID ING OFFICER. The Chair takes it that th
motion having been reconsidered whereby the amendment wyrs
concurred in, the question now comes on concurring in the
amendment made as in Committee o f the Whole. A negative
vote, o f course, would be in favor o f the proposition which the
Senator from Virginia makes to strike out.
Mr. M ARTIN o f Virginia. I understand, then, the Chair
w ill put the question whether or not the amendment shall be
concurred in.
The PRESID ING OFFICER. That is the question.
Mr. M ARTIN o f Virginia. Those who want to have the name
taken out will vote “ nay.”
The PRESIDING OFFICER. They w ill vote “ nay.” The
question is on concurring in the amendment, made as in Com
mittee o f the Whole, inserting the name “ George H. Carter.”
[Putting the question.] The “ n o e s” seem to have it.
Mr. SMOOT. I ask for the yeas and nays.
The yeas and nays were ordered, and the Secretary proceeded
to call the roll.
Mr. CULLOM (when his name was called). I am paired
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 gen
eral p a i r with the senior Senator from Texas [Mr. C u l b e r s o n ] .
He is not present in the Chamber, and I w ill withhold my vote.
I f I were at liberty to vote, I would vote to sustain the com
mittee.
Mr. GALLINGER (when his name was called). I w ill again
announce my pair with the junior Senator from New York
[Mr. O ’ G o r m a n ] and its transfer to the Senator from Kansas
[Mr. C u r t i s ] , as on the previous vote. I vote “ yea.”
Mr. LIP P IT T (when his name was called). I again announce
my pair with the senior Senator from Tennessee [Mr. L e a ] ,
which I transfer to the senior Senator from South Dakota [Mr.
G a m b l e ] , and I vote. I vote “ yea.”
Mr. PAYNTER (when his name was called). I have a gen
eral pair with the Senator from Colorado [Mr. G u g g e n h e i m ] .
In his absence I withhold my vote.
Mr. PERKIN S (when his name was called). I again an
nounce my pair with the junior Senator from North Carolina
[Mr. O v e r m a n ] and its transfer to the junior Senator from
Nevada [Mr. M a s s e y ] . I vote “ yea.”
The roll call was concluded.
Mr. SIMMONS (after having voted in the negative). I desire
to announce that my colleague [Mr. O v e r m a n ] is absent from
the Senate on account o f illness. While I am on my feet I will
inquire whether the junior Senator from Minnesota [Mr. C l a p p ]
has voted. I do not see him in the Chamber.
The PRESIDING OFFICER. He has not voted,
ill-. SIMMONS. I transfer my pair with that Senator to the
Senator from Arizona [Mr. A s i i u r s t ] and vote.
I vote “ nay.”
Mr. THORNTON. I desire, first, to announce the necessary
absence from the Senate Chamber o f the junior Senator from
New York [Mr. O ’ G o r m a n ] . I wish to announce, further, that
he is paired with the senior Senator from New Hampshire [Mr.
G a l l in g e r ].
I vote “ nay.”
Mr. CLARK o f Wyoming. I have a general pair with the
Senator from Missouri [Mr. S t o n e ] . I transfer that pair to the
Senator from New Mexico [Mr. C a t r o n ] and vote “ yea.”
Mr. DU TONT. I have a general pair with the senior Senator
from Texas [Mr. C u l b e r s o n ] . I transfer that pair to the Sena
tor from New Mexico [Mr. F a l l ] and vote. I vote “ yea.”
Mr. GALLINGER. I was requested to announce that the
Senator from New Jersey [Mr. B r ig g s ] is paired with the Sen
tor from West Virginia [Mr. W a t s o n ] , that the Senator fr
Delaware [Mr. R i c h a r d s o n ] is paired with the Senator f
South Carolina [Mr. S m i t h ] , and that the Senator from Michi
gan [Mr. S m i t h ] is paired with the Senator from Missouri [Mr.
R
e ed ].
The result was announced—yeas 31, nays 30, as fo llo w s:
Y EAS— 31.
Bourne
Bradley
Brandegee
Brown
Burnham
Burton
Clark. Wyo.
Crawford
Cummins
Dillingham
du Pont
Fletcher
Foster
Gallinger
Gronna
Jackson
Kenyon
Lippitt
Lodge
McLean
Nelson
Oliver
Page
Perkins
Root
Sanders
Smoot
Stephenson
Sutherland
Warren
Wetmore
Bankhead
Bristow
Bryan
Chamberlain
Gore
Heiskell
Hitchcock
Johnson, Me.
N AY S— 30.
Johnston, Ala.
Newlands
Johnston, Tex
Owen
Jones
Perky
Kern
Poindexter
La Follette
Pomerene
Martin, Ya.
Shively
Martine, N. J.
Simfcnons
Smith, Ariz.
Myers
Ashurst
Bacon
Borah
Briggs
Catron
Chilton
Clapp
Clarke, Ark.
Crane
NOT VOTING— 33.
McCumber
Culberson
Cullom
Massey
Curtis
O’Gorman
Dixon
Overman
Fall
Paynter
Gamble
Penrose
Gardner
Percy
Guggenheim
Reed
Lea
Richardson
January
ig
\
\
\
Smith, Ga.
Smith, Md.
Swanson
Thornton
Tillman
Works
Smith, Mich.
Smith, S. C.
Stone
Townsend
W atson
W illiam s
J
A
i
/
/
/
f
So the amendment was concurred in.
Mr. SUTHERLAND. I offer the amendment which I send In
the desk.
The PRESIDING OFFICER. The amendment will be stated
The S e c r e t a r y . It is proposed to add at the end o f the bill
a new section, as fo llo w s:
S ec . 7. That hereafter in the event of reductions being made in anv
force employed under the civil, service or in any of the executive <]/
partments or independent establishments no honorably discharged sol"
dier, sailor, or marine who has had active service in the Civil W ar, the
Spanlsh-American W ar, or the Philippine insurrection, whose record i*
rated good shall be discharged or dropped or reduced in rank, class
salary, or compensation. 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 $ i non
or by imprisonment for not more than one year.
’ u
Mr. SUTHERLAND. Mr. President, the amendment which I
have offered modifies section 5, which went out on a point of
order yesterday, made by the Senator from Oklahoma [Mr
O w e n ] . I have modified it now by limiting it to those soldiers
sailors, and marines who have had active service either in the
Civil War, the Spanish-American War, or the Philippine insur
rection. I hope in that form that we may be permitted to vote
upon it.
Mr. W ARREN. Mr. President, I assume that perhaps the
Senator from Utah can assure me that the amendment is in the
exact terms o f the legislation o f last year, which took care of
those in Washington, and merely extends the same privilege to
those outside the District that the original provision did to
those inside.
Mr. SUTHERLAND. Not quite in the same terms. I have
made it a little more definite. For example, I have put in after
the first word, “ That,” the word “ hereafter.” It read in the
original law, “ That in the event o f reductions.” I simply put
in the word “ hereafter,” so as to make it the permanent law.
Then I have added, after the word “ departments,” the words
“ or independent establishments,” because there are some estab
lishments that are not under the executive departments. The
original law did not include the word “ hereafter,” For the
same reason, to make it entirely clear and definite, I have added
after the word “ rank ” the word “ class,” and after the word
“ salary ” the words “ or compensation,” so as to embrace the
whole subject matter. With those changes, which simply add
to the certainty and clearness o f the law, I have simply put in
the limitation to which I have already called attention, namely,
that it shall only apply to soldiers, sailors, and marines who
have seen active service in the Civil War, the Spanish-American
War, or the Philippine insurrection.
Mr. JONES. I do not know at what point in the amendment
the words should come in, but after the word “ executive ” i
move to amend the amendment proposed by the Senator from
Utah by inserting the words “ or legislative.”
Mr, SUTHERLAND. I have no objection to that.
The PRESIDING OFFICER. Does the Senator from Utah
/a r e p t the modification suggested by the Senator from Wash
in g to n as a part of his amendment?
/ Mr. SUTHERLAND. I accept the modification suggested by
the Senator from Washington.
Mr. OWEN. Mr. President, I make the point o f order against
the proposed amendment as modified that it is legislation on an
appropriaton bill and that it changes existing law. I com
mented on the matter yesterday, that it is not good policy to use
appropriation bills for general legislation. Many Senators who
are absent are absent relying upon the integrity o f the rules of
the Senate, not, expecting that there w ill be put upon appro
priation bills legislative items which they have not seen and
which they would not perhaps agree to if they did see. I there
fore make the point o f order against the amendment.
Mr. PO IND EXTER. Mr. President, it seems to me that the
point o f order made by the Senator from Oklahoma [Mr. O wen ],
which is based upon the rule against general legislation being
1913.
C GE
0X E SSI05sT
ALNlEC0ED—senate.
attached to appropriation bills, is not exactly applicable to the
amendment proposed by the Senator from Utah [Mr. S u t h e r
l a n d ] for the reason that the amendment simply proposes to
establish conditions under which the appropriations shall be ex
pended. The amendment relates to employees for whose sal
aries the appropriations are made and provides for conditions
under which the salaries appropriated in the bill shall be ap
portioned to the variou^, employees. It seems to me for that
reason that the amendment is an exception to the general rule,
and that the objection to i\ is not pertinent.
Mr. OWEN. In additiomvto the suggestions which I have
heretofore made against the amendment, I suggest that it -would
be a criminal statute.
The PRE SID IN G OFFICER. X seems to the Chair that the
amendment proposes general leg isX ti°n- The Chair therefore
holds that the point o f order made by the Senator from Okla
homa is well taken, and it is sustainedNby the Chair.
Mr. LA FOLLETTE. I offer the amendment which I send to
the desk.
The PRE SID IN G OFFICER. The amen?hpent proposed by
the Senator from Wisconsin w ill be stated.
The S e c r e t a r y . It is proposed to in sert:
1613
th%t I purpose to introduce a bill to establish a legislative
refarence department, which I deem to be o f very great imnee to Congress and to the country, and endeavor to secure
a retort upon it in time to offer it as an amendment to another
priation bill at this session. Since conferring with my
frie n l, the Senator from Oklahoma [Mr. Ow<sN], yesterday
regarling the matter, I have made a partial canvass o f the
members o f the Library Committee, and I. Believe we w ill be
able w) have a bill more complete and comprehensive than any
amejftlment which could now be offered reported from that
ittee before another appropriation bill to which it would
germane as an amendment passer the Senate. Then I hope,
Ir. President, to take the time o f the Senate very briefly to
set forth what has been done in,W isconsin by the establishment
o f the legislative reference department. I might say its work
is broader than that; that.does not properly describe it; it is
a department o f r e s e a r c h e d investigation and has been very
helpful to legislators in /w iscon sin in acquiring that exact and
comprehensive knowledge o f the subjects treated, to insure a
body o f economically' sound progressive statutes.
Mr. OWEN. I withdraw' the amendment, Mr. President.
The PRESIDENT OFFICER. The amendment is withdrawn.
Mr. W ARREN. Mr. President, I wish simply to say a word.
That the salaries of the members of the police force enudoyed in the
I have nothing to urge against the merits o f the amendment,
Capitol and in the Senate and House Office Buildings be made equal to
the salaries paid to the elevator conductors employed in tlnNgaid build and I am very glad the Senator from Wisconsin was given an
ings, to wit, $1,200 per annum.
opportunity to say that the proposition w ill be thoroughly per
Mr. CLARK E o f Arkansas. Mr. President, I think Ty^hall fected before it shall come before the Committee on Appro
p ria tion .
make the point o f order against that amendment for the V in e
reason that I indicated yesterday. I f it is a fact that there are
T lieP R E S ID IN G OFFICER. Are there further amendments
to be offered in the Senate? I f not, the amendments w ill be orgross and palpable inequalities in the pay that is being give
"ed to be engrossed and to be read a third time.
to the different employees o f the Senate, there ought to be some
The amendments were ordered to be engrossed, and the bill to
comprehensive and thorough examination into that matter and
ead a third time.
the inequalities developed. I am inclined to believe that soma^f b
TK; bill was read the third time, and passed.
salaries will be found to be above the natural average, but W
taking off from the employees who are overpaid and giving>fo
g e r m a n o r p h a n a s y l u m a s s o c ia t io n .
those who are underpaid we may bring about an equilibrium
Mr. CV ^W FORD. I ask that the Senate resume considera
that will come nearer doing justice than legislating in thij/f>lind tion o f H o V e bill 19115, commonly known as the omnibus claims
way. I raise the point o f order against the am endm ent/
bill.
The PRE SID IN G OFFICER. The point o f order is abstained.
Mr. GALLlJlGER. Mr. President, I ask the Senator if he w ill
Mr. OWEN. I offer the amendment which I send te the desk. kindly yield toX|e to request consideration o f a bill which, if
The PRESID IN G OFFICER. The amendment proposed by objected to or deoVud at all, I w ill immediately withdraw. It
the Senator from Oklahoma w ill be stated.
J T
is a D istrict o f ColufaiT *1 bill, which is important to a charitable
The S e c r e t a r y . On page 26, after line 6, it /is proposed to organization.
in sert:
/
Mr. CRAW FORD. Ii^Hie matter w ill not provoke any dis
For legislative reference bureau under tbe dire<$fon of the Librarian
cussion, I w ill yield to theStenator.
of Congress, $10,000.
f
Mr. GALLINGER. It w n l V e immediately withdrawn if it
Mr. W ARREN. Mr. President, that is hot estimated for and does.
it has not been brought before the com m yfee for consideration.
Mr. CRAW FORD. I want t o ^ ^ is t upon pushing the claims
Mr. OWEN. Before the Senator faun W yoming makes the bill, because it has been before th e^ en ate a long while and no
point o f order on the amendment I should like to be heard.
vote has been had upon it.
Mr. W ARREN. I will withhold ,#ne point until the Senator
Mr. GALLINGER. I ask unanimou^consent for the present
from Oklahoma can speak on the afmendment.
consideration o f the bill (S. 7508) to amefcd an act entitled “ An
Mr. OWEN. Mr. President, I tfhould like to have an oppor act to reincorporate and preserve all th e \ c i’Porate franchises
tunity to explain the purpose off this proposed provision. W e and property rights o f the de facto corporation known as the
have a very great volume o f in form a tion in our Library and German Orphan Asylum Association o f the DistHct o f Columbia.”
in the records o f this Government, which is not conveniently
There being no objection, the Senate, as in Committee o f the
digested altogether for the Jise o f Members o f the Senate and Whole, proceeded to consider the bill. It proposes fa amend the
° f the other House. The legislative reference bureau which has act entitled “ An act to reincorporate and preseri»e all the
been established in W isconsin has proved to be o f very great corporate franchises and property rights o f the de fa etc corpo
value to that State in promoting the character o f legislation, in ration known as the German Orphan Asylum Association ;e f the
enabling the members 6 f the senate and o f the house to per District o f Columbia,” approved February 6 , 1901. by adding^to
form their duties efficiently, with knowledge o f the law relating and making a part o f section 1 o f that act the follow in g :
to any given subject jflnd the decisions o f the courts in relation
And the said German Orphan Asylum Association of the District o f
to any given statute. It has been so useful that I think it is Columbia may hereafter fix, limit, and determine the number of direc
tors to constitute its board of directors by any constitution or constitu
obvious that the Congress o f the United States ought to have tions which may hereafter be adopted by the said association, and the
a department o f the same character. I should like to ask the number of its said directors may be decreased or increased as provided
or
Senator from Wisconsin [Mr. L a F o l l e t t e ] , who is so fam iliar by any constitutionsaid constitutions, or any amendment or amendments
thereto, which the
association may lawfully adopt.
with this matter, to explain to the Senate in a few words the
The bill was reported to the Senate without amendment, or
legislative reference bureau o f Wisconsin. As I say, he is
v ery fam iliar with it and its service. The matter has been dered to be engrossed for a third reading, read the third time,
reported on by the Librarian o f Congress, who appreciates its and passed.
Mr. GALLINGER. I thank the Senator from South Dakota
importance. I w ill ask the Senator from Wisconsin to explain
to the Senate what the system is in Wisconsin and its value for his courtesy.
O M N IB U S C L A IM S B IL L.
there.
Mr. CRAW FORD. Mr. President, I ask for a vote upon the
Mr. LA FOLLETTE.
Mr. President, my attention was
diverted when the Senator began to speak. I presume he is pending amendment, which is the amendment offered by me to
making his remarks upon an amendment which he has offered. the amendment proposed by the Senator from Massachusetts
[Mr. L odge ] .
Mr. OWEN. Yes.
The PRE SID IN G O FFICER. The Chair suggests that the
Mr. LA FOLLETTE. Well, Mr. President, I do not care to
take the time o f the Senate simply to spread some remarks bill has not yet been taken up in the regular -way.
Mr. CRAW FO RD . I thought the bill was before the Senate.
Upon the R ecord here. I presume that a point o f order wT be
ill
The PRE SID IN G O FFICER. The Senator withdrew his re
made against the amendment and that it w ill be ruled out as
obnoxious to the rule. That being so, I w ill not at this time quest before the bill w as taken up in favor o f the Senator from
submit any observations on the subject. I w ill say, however, New Hampshire [Mr. G a l l in g e b ] .
C N R SSIO A R C R —SEN
OGE
NL EOD
ATE.
/
Mr. CRAWFORD. I did not withdraw i t ; I simply withheld
the request in order that a small bill might be considered.
The PRESID ING OFFICER. The bill was not regularly
taken up.
Mr. CRAW FORD. Then I renew my request that the Senate
resume the consideration o f House bill 19115, known as the
omnibus claims bill.
I desire to say that we have discussed more or less now for
a number o f days the question o f incorporating the French
spoliation claims into this bill. I am anxious to have that
matter disposed o f one way or the other, because in a large
degree it w ill determine whether or not we are to go on with
this bill.
There being no objection, the Senate, as in Committee o f the
Whole, resumed the consideration o f the bill (H . R. 19115)
making appropriation for payment o f certain claims in accord
ance with findings o f the Court o f Claims, reported under the
provisions o f the acts approved March 3, 1883, and March 3,
1887, and commonly known as the Bowman and the Tucker
Acts.
Mr. CLARKE o f Arkansas. Mr. President, before we take a
vote on any o f the features o f the amendment offered by the
Senator from Massachusetts [Mr. Lodge] I think we ought to
ha ve a fuller attendance o f the Senate, and I make the point-----Mr. CRAW FORD. I f the Senator will permit me, the Senator
from Massachusetts has said to me several times that, so far
as my amendment to the amendment proposed by him is con
cerned, he would not ask for a roll call. I desire to have that
amendment to the amendment disposed of. Then I should not
want to take up the amendment o f the Senator from Massachu
setts without his being in the Chamber, and I shall send for him.
Mr. CLARKE o f Arkansas. I supposed that the amendments
would follow in natural order and that after the amendment
o f the Senator from South Dakota to the amendment o f the
Senator from Massachusetts had been disposed o f the question
would recur on the amendment offered by the Senator from
Massachusetts. I f that be not the case, I see no necessity for
taking the time.
Mr. CRAW FORD. I should like to have a vote on the amend
ment offered by me to the amendment o f the Senator from
Massachusetts.
The PRESID IN G OFFICER. The question is on agreeing to
the amendment o f the Senator from South Dakota [Mr. Craw
ford] to the amendment o f the Senator from Massachusetts
[Mr. L odge].
Mr. LODGE. Mr. President, I only want to say a word in
regard to the matter o f premium, which was alluded to the other
day. The war premium, as was held in the Alabama cases, was
paid on account o f the war, on account o f the danger, in one
case from the Confederate cruisers and in the other from the
cruisers o f France, and they were obliged to pay the excessive
premiums which constituted a part o f their loss because o f the
situation o f France. That is all I wanted to say, merely to
explain that. I am perfectly ready now to take a vote.
The PRESIDING OFFICER. The question is on agreeing to
the amendment o f the Senator from South Dakota to the
amendment offered by the Senator from Massachusetts.
The amendment to the amendment was agreed to.
Mr. LODGE. On the main amendment, as amended, I should
like to have the yeas and nays.
The PRESID IN G OFFICER. Is there a second? ’
Mr. CLARKE o f Arkansas. Mr. President, while the calling
o f the yeas and nays may automatically disclose the absence of
a quorum, I make the point, technically, that there is no quorum
present.
The PRESID ING OFFICER. The absence o f a quorum being
suggested, the Secretary w ill call the roll.
\
The Secretary called the roll, and the follow ing SenatorsVnswered to their names:
Bacon
Bankhead
Bourne
Bradley
Brandegee
Brown
Bryan
Burnham
Burton
Chamberlain
Clapp
Clark, Wyo.
Cullom
Cummins
Dillingham
du Pont
Fletcher
Gallinger
Gronna
Heiskell
Hitchcock
.Tackson
Johnson, Me.
Johnston, Ala.
Johnston, Tex.
J ones
Kern
Da Follette
Dippitt
Dodge
McC umber
McDean
Martin, Va.
Martine, N. J.
Myers
Oliver
Owen
Page
Paynter
Perkins
Perky
Poindexter
Pomerene
Root
Sanders
Shively
Simmons
Smith, Ariz.
Smith, Md.
Smoot
Stephenson
Sutherland
Swanson
Thornton
Tillman
Wetmore
Williams
Works
\
\
I
j
Mr. THORNTON. I announce the necessary absence from
llie Chamber o f the junior Senator from New York [Mr. O'G or
m a n ], and ask that this announcement stand for the day.
January
Mr. KERN. I desire to announce that the junior Senator
from South Carolina [Mr. S m it h ] is absent on account of
death in his family. I ask that this announcement stand f 0t
the day.
*
The PRESIDING O F F IC E R .' Fifty-eight Senators have an
swered to their names. A quorum o f the Senate is present
The question is on the adoption o f the amendment offered by the
Senator from Massachusetts [Mr. L odge] as amended on motion
o f the Senator from South Dakota [Mr. C rawford], on which
the yeas and nays have been ordered.
Mr. CRAWFORD. Mr. President, before the vote is taken, as
a matter o f justice to myself. I am glad to say that as the
French spoliation claims amendment is now proposed, if it vvero
here as an independent proposal I should vote fo r it. But rep
resenting the committee, and in view o f the policy o f the com
mittee, and the rules adopted by the committee in fram ing this
bill, and as it was decided there that it was inexpedient to at
tach the French spoliation claims to this bill, inasmuch as* it
would simply mean the defeat o f the omnibus claims bill
I shall, simply because o f my belief that it is inexpedient’
vote against the amendment to incorporate them on this
bill.
Mr. CLARKE o f Arkansas. Mr. President, I quite fall ju
with the idea indicated by the Senator from South Dakota [Mr
C rawford], the chairman o f the Committee on Claims. I shall
not at this time address myself to the merits, or so-calleq
merits, o f the French spoliation claims, because in my jntp,
ment it is inexpedient for some o f us to vote for the incorpora
tion o f these claims in this bill at the present time. As the
bill came from the House it contained several hundred thousand
dollars o f so-called Southern war claims, the validity o f which
had been adjudicated by the Court o f Claims. As a part o f the
policy announced by the Senator from South Dakota all o f the
individual claims o f that class were omitted from the bill nnq
only such items included as related to the injury or destruction
o f churches or schoolliouses.
Many o f us interested in the passage o f the bill in its original
form acquiesced in that under the belief that we thereby facili
tated the payment o f some part o f the indebtedness, and We
simplified the issues that would arise subsequently, not only iu
regard to the individual claims in favor o f southern claimants,
but that we would also be in a more independent attitude with
reference to these French spoliation claims. So purely as a
matter o f legislative procedure m.*.ny o f us w ill vote against
the consideration o f these claims at the present time.
There has been developed a sharp and irreconcilable conflict
between the two Houses in reference to the payment o f these
claims, and at least two bills failed, o f enactment because both
classes o f claims were largely represented in the same bill. g 0
I may say that now— and I think I speak not only for myself
but for a number o f other Senators on this side o f the Chamber
who are similarly situated— that wholly without reference to
the merits or demerits o f the so-called French spoliation claims
we deem it inexpedient to vote to put them on this bill at the
present time.
There has been no claims bill since 1907, and while a great
many reasons have cooperated to produce that result, none lias
contributed more than the fact o f the so-called French spolia
tion claims being made a part o f the bill. Their merits are dis
tinct, if they have any merits, and I say they have none. But
I w ill devote a little time to that at a later stage o f their con
sideration.
But now, having acquiesced in the elimination o f all the
claims that come from the section o f the country from which
many o f us on this side come, we feel it would be nothing but
fair to test out the sentiment o f Congress in the matter o f pay
ing these claims o f churches and schoolhouses. They are in "a
class distinct from other claims that are usually included in
this bill. They were never founded in absolute right. They
were never recognized for some 30 years after the war. a
sentiment developed here, under the leadership o f the late
Senator from Massachusetts, Mr. Hoar, in favor o f recogniz
ing these claims as sort o f a benevolence. I think it was an
egregious blunder. The people o f the South are not particularly
concerned about what churches and schoolhouses were destroyed
50 years ago. That whole section has been rehabilitated entirely
beyond the dream o f the wildest friend that section had. These
things are not at all essential to the prosperity o f the commun
ity, but, having been allowed and recognized as claims, indi
vidual communities have taken them up, and they feel that the
same treatment should be accorded to those, the validity of
which has now been adjudged, that has been accorded to" the
same class o f claims on former occasions.
It is to get rid o f that so-called exhibition o f benevolence
on the part o f Congress that I have been inclined to agree to
1913.
C N R
O G ESSIO AL R C R —SENATE.
N
EOD
the proposition mode by the Committee on Claims. The people
o f the South did not need such an exhibition o f generosity on
the part o f the late Senator from Massachusetts to convince
them that they had rights that were to be respected and duties
that were to be discharged.
The reconciliation o f the sections and o f the classes did not
depend upon a few dollars here and a few dollars there for a
destroyed or damaged church. That was a mere bagatelle, and
it has come into prominence only by reason o f the fact that
payments o f that character have been made, and claim agents
have become busy and have stirred up claims locally, and that
reacts on us here, and we find ourselves continually prodded for
our negligence in failing to get recognition fo r claims that
now remain, whereas similar claims have received favorable
recognition.
As I desire to reduce the number o f conflicts in connection
with this bill and come down to a basis where we can fairly
and independently consider the merits o f the so-called French
spoliation claims and open up a way to increase the inde
pendence o f the other side o f the Chamber to investigate the
merits o f the so-called southern war claims, I think this bill
ought to pass just in accordance with the plan laid down by
the Committee on Claims. I shall therefore vote against the
consideration o f the spoliation claims at this time, without in
dicating in detail the reasons why I do so.
Mr. BR ISTO W . Mr. President, I devoted considerable time
to a discussion o f these claims upon a former occasion. Having
talked with a number o f Senators, I am convinced that it is
not the purpose o f the Senate to incorporate these claims into
the bill at this tim e; and not wishing to occupy the time o f the
Senate in discussing the merits o f the claims, believing that
they w ill not be made a part o f the bill, I therefore will not dis
cuss them at this time, as otherwise I would.
Mr. W ILLIAM S.
Before the Senator from Kansas takes
his seat I should like to ask him a question. Diil not the
United States Government receive from the French Gbvernment
a large amount o f money for the purpose o f paying these
claim s?
Mr. BR ISTO W . It did not.
Mr. LODGE. It received its equivalent.
Mr. W ILLIA M S. I have always thought that the United
States did. In the Louisiana treaty there were some three and
one-half million dollars-----Mr. BR ISTO W . That is not the treaty upon which these
claims are based.
Mr. W ILLIA M S. It may not be; but under the Louisiana
treaty there w as an amount— I forget precisely what it was,
hut I think it was three million and a fraction dollars— that the
Government o f the United States assumed as claims o f Frenchmen against the United States Government, in consequence of
the war de-facto, although never declared by either nation; and
that is the point to which I am referring.
Mr. BR ISTO W . That does not relate to these claims. It
relates to a different matter.
Mr. LODGE. I f the Senator from Mississippi will allow me,
what was done was this: In consideration o f our undertaking
the payment o f our claimants, France undertook the payment
° f her claimants against us.
Mr. W ILLIAM S. I understand that, and that was a part of
the same treaty.
Mr. LODGE. N o; I think that was an earlier treaty.
•Mr. W ILLIAM S. Well, I may be mistaken about that.
Mr. BR ISTO W . That was a separate treaty.
Mr. W ILLIA M S. But my recollection is that in the sum total
We had to pay for L ou isian a; in addition to the .$15,000,000,
which we paid in cash, there were some three million and a
fraction o f dollars that were included, which we assumed for
°ur own citizens who had claims against France. I do not mean
for French subjects who had claims against us.
Mr. BR ISTO W . That was another treaty and related to a
different matter, I will say to the Senator from Mississippi.
The PRE SID IN G O FFICER. The question is on agreeing to
the amendment o f the Senator from Massachusetts [Mr. L odge]
os amended, upon which the yeas and nays have been ordered.
The Secretary proceeded to call the roll.
Mr. CULLOM (when his name w as called). I have a gen
i a l pair with the junior Senator from West Virginia [Mr.
C hilton ], which I transfer to the Senator from New Mexico
iM r. C atron ] and will vote. I vote “ yea.”
Mr. DU PONT (when his name was called). I have a gen!ir a ' pair with the senior Senator from Texas [Mr. C u l b e r s o n ] .
f transfer it to the Senator from New Mexico [Mr. F all ] and
"'ill vote. I vote “ yea.”
Mr. PAYN TER (when his name was called). I have a general pair with the Senator from Colorado [Mr. G u g g e n h e i m ] .
1615
In his absence, I withhold my vote. Except for that, I would
vote “ yea.”
Mr. PERKIN S (when his name was called). I have a pair
with the junior Senator from North Carolina [Mr. O v e r m a n ] ,
which I transfer to the junior Senator from Nevada [Mr. M a s
s e y ] and will vote.
I vote “ nay.”
The roll call was concluded.
Mr. W ARREN. I am paired with the senior Senator from
Louisiana [Mr. F o s t e r ]. I f he were present and I were at
liberty to vote, I should vote “ yea.”
Mr. GALLINGER. I have a general pair with the junior
Senator from New York [Mr. O ’ G o r m a n ] . I transfer it to the
junior Senator from Maryland [Mr. J a c k s o n ] , who would vote
for this amendment, and will vote. I vote “ yea.”
Mr. LIPPITT. I again announce the transfer o f my pair
with the senior Senator from Tennessee [Mr. L ea ] to the "senior
Senator from South Dakota [Mr. G a m b l e ] , I vote “ yea.V
The result was announced— yeas 21, nays 41, as follow ^:
Y E A S — 21.
McLean
Martin, Va.
Oliver
Page
Penrose
Root
Bradley
Brandegee
Burnham
Clapp
Cullom
Dillingham
du Pont
Gallinger
Johnson, Me.
Lippitt
Lodge
McCumber
Ashurst
Bankhead
Bourne
Bristow
Brown
Bryan
Burton
Chamberlain
Clarke, Ark.
Crawford
Cummins
N AYS— 41.
Curtis
La Folletfe
Dixon
Martino, N. J.
Myers
Fletcher
Gronna
Perkins
Heiskell
Perky
Hitchcock
Poindexter
Johnston, Ala.
Pomerene
Johnston, Tex.
Sanders
.Tones
Shively
Simmons
Kenyon
Kern
Smith, Ariz.
\
•Thornton
Wetmore
W illiam s
\
\
Smith, Ga.
Smoot —
Stephenson
Sutherland
Swanson
Tillman
Townsend
Works
/
NOT VO TIN G — 32.
Bacon
Borah
Briggs
Catron
Chilton
Clark, W yo.
Crane
Culberson
So Mr.
Fall
Foster
Gamble
Gardner
Gore
Guggenheim
Jackson
Lea
L odce ’ s
Massey
Nelson
Newlands
O’Gorman
Overman
Owen
Paynter
Percy
Reed
Richardson
Smith. Md.
Smith. Mich.
Smith, S. C.
Stone
Warren
Watson.
I
#
/
/
/
amendment as amended was rejected. /
EXECUTIVE
SE SSIO N .
/
Mr. SMOOT. Mr. President, I move that the Senate proceed
to the consideration o f executive business.
Mr. CRAW FORD. I desire to give notice that I will ask
the Senate to resume consideration o f the omnibus claims bill
after the routine morning business to-morrow, and hope we may
then be able to dispose o f it.
The PRE SID IN G OFFICER (Mr. P o m e r e n e in the chair).
The question is on agreeing to the motion o f the Senator from
Utah, that the Senate proceed to the consideration o f executive
business.
The motion was agreed to, and the Senate proceeded to the
consideration o f executive business. A fter 1 hour and 27 min
utes silent in executive session the doors were reopened, and
(a t 4 o’clock and 47 minutes p. m.) the Senate adjourned until
to-morrow, Friday, January 17, 1913, at 1 2 o’clock meridian.
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 te J a n u a r y J 6 , 1 91 3 .
C ollector
of
C ustom s.
John R. W illis, o f Alaska, to be collector o f customs for the
district o f Alaska, in the Territory o f Alaska.
(Reappoint
ment. )
R e g ist e r
of t h e
L a n d O f f ic e .
John L. Lockhart, o f South Dakota, to be register o f the land
office at Pierre, S. Dak., his term expiring January 27. 1913.
(Reappointment.)
P r o m o t io n s
in
the
N avy.
Ensign Henry E. Rossell to be an assistant naval constructor
in the Navy from the 7th day o f January, 1913, to fill a vacancy
(vice John C. Sweeney, ji\, late assistant naval constructor,
United States Navy, declared a deserter from the naval service
from June G, 1910).
The following-named machinists to be chief machinists in the
Navy from the 27th day o f December. 1912, upon llie completion
o f six years’ service as m achinists:
Arthur W. Bird and
W illis Dixon.
C N R SSIO A R C R —H U .
OGE
N L E O D O SE
mm
1616
Pharmacist Stephen W. Douglass to be a chief pharmacist in
the Navy from the 2M day o f August, 1912, in accordance with
the provisions o f an afct o f Congress approved on that date.
The following-named W izen s, to be assistant surgeons in the
Medical Reserve Corps os, the Navy from the 6 th day o f Janu
ary, 1913, in accordance Aith the provisions o f the act o f Con
gress approved August 22, V )1 2 :
John C. Da Costa, a citizen, o f Pennsylvania, and
Hobart A. Hare, a citizen o f Pennsylvania.
APPOINTMENT^. IN THE AK M Y .
FIELD ARTILLERY ARM.
Richard Christian Scott, o f Virginia, late midshipman, United
States Navy, to be second lieutenant o f Field Artillery, with
rank from January 15, 1913.
CORPS OF ENGINEERS.
John Carl Gotwals, o f New York, to be probational second
lieutenant in the Corps o f Engineers for a period o f one year.
P r o m o t io n s
in
the
ABm y .
Capt. Julius N. Kilian, Quartermaster Corps, to be major from
November 1, 1912.
Capt. Salmon F. Dutton, Quartermaster Corps, to be major
from November 1, 1912.
xg
Olin W. Meacham to be postmaster at Henryetta, Okla ■
place o f Olin W. Meacham. Incumbent's commission evr,‘i 1,1
January 14, 1913.
Xpu-^
PENNSYLVANIA.
Frank R. Alter to be postmaster at Parnassus, Pa., in
o f Renwick Rowan, deceased.
»
’
1 tlC
e
Clarence L. Dindinger to be postmaster at Zelienople, p a .
place o f Clarence L. Dindinger. Incumbent’s commission ’
pires March 1, 1913.
/
C
!x'
Thomas Pickrell to be postmaster at Old Forge, Pa., in m
o f Thomas Pickrell. Incumbent’s commission expires Fehv.J 06
20, 1913.
,
UaiY
TEXAS,
Prince A. Hazzard to be pogfmaster at Colorado, Tex •
place o f Prince A. Hazzard. Ihcumbent’s commission ovk! ln
January 11, 1913.
lu 'ed
J lT A H .
W illiam H. Capwell to. J5e postmaster at Tremonton,
Office became presidential January 1, 1913.
5
QUARTERMASTER' CORPS;
«?
January
m tn
e*
Thomas C. Bunting,To be postmaster at Exmore, Va.
became presidential ^October 1, 1911.
tu „.
O ce
ffi,
P o stm asters.
V,
WASHINGTON.
CALIFORNIA.
John C. D avisT o be postmaster at Leavenworth, Wash., jn
place o f John 0 . Davis. Incumbent’s commission expires ie,
ruary 9, 1913.*
P. R. P arl/i to be postmaster at Colville, Wash., in place 0f
P. R. P a r k / Incumbent’ s commission expires February n
1913.
/
**
George-B. Stocking to be postmaster at Republic, Wash., m
place of/G eorge B. Stocking. Incumbent’s commission expire
February 20, 1913.
James C. Arthur to be postmaster at Petaluma, Cal., in place
o f James E. Olmsted, resigned.
ILLINOIS.
\
Frederick H. Ballinger to be postmaster at Chenoa, Ilk, in
place o f Frederick H. Ballinger. Incumbent’s commission ex
pires February 20, 1913.
Eva J. Harrison to be postmaster at Johnson City, Ilk, in
place o f Eva J. Harrison. Incumbent’s commission expires
WEST VIRGINIA.
January 26, 1913.
Harry W. Smith to be postmaster at Middlebourne, W. y a
W. A. Perrine to be postmaster at Herrin, 111., in place of
W . A. Perrine. Incumbent’ s commission expires February 9, ] in blace o f Harry W. Smith. Incumbent’s commission expired
January-14, 1913.
1913.
Seneca Selby to be postmaster at Golden, Ilk, in place of f
Seneca Selby. Incumbent’s commission expired January 11, f \
CONFIRMATION.
1913.
E x e c u t i v e n o m in a tio n c on firm ed b y th e S e n a te J a n u a r y 16, 1616,
IOWA.
G.
H. Mohr to be postmaster at W all Lake, Iowa, in placed
Charles B. Dean, deceased.
P r o m o t io n
in
the
A rm y.
Edward J. McClernand to be brigadier general.
KANSAS.
Floyd E. Richmond to be postmaster at Logan, Kans., irgplace
o f Floyd E. Richmond. Incumbent’s commission e x p ir e / Janu
ary 11, 1913.
/
Edward I Hall to be postmaster at Jennings, La.,An place of
Edward I. Hall. Incumbent’s commission expires#January 29,
1913.
MINNESOTA.
W illiam K. "Wilcox to be postmaster at Elyshin, Minn,
became presidential October 1, 1912.
NEW JERSEY.
Office
/
Charlotte C. Ketcham to be postmaster at Belvidere, N. J., in
place o f Charlotte C. Ketcham. Incuipfeent’s commission ex
pired January 11, 1913.
/
Erurn Knapp Kenworthy to be postmaster at Millington,
N. J., in place o f Frederick P. B a k o / Incumbent’s commission
expired January 5, 1913.
NEW
Thomas A. Chisholm to* b^'postm aster at Fort Covington,
N. Y., in place o f Thomas ^ Chisholm. Incumbent’s commis
sion expired December 16,^1912.
Edward L. Ware to be postmaster at Lake Placid, N. Y., in
lace of Edward L. Ware. Incumbent’s commission expired
anuary 11, 1913.
S
H O U SE
T
LOUISIANA.
O H E E P E E S E N T A T I V E S.
h ursday
,
January 16,1913.
The House met at 12 o’clock noon.
Rev. William I. McKenney, pastor o f the Wesley Methodist
Episcopal Church, Washington, D. C., offered the following
prayer:
Almighty God, our heavenly Father, we come to acknowledge
Thy sovereignty and express our thanksgiving and praise to
Thee for Thy mailjfold blessings. Thou hast said, I f any man
lack wisdom, let him ask o f God, who giveth to all men liberally
and upbraideth not.’ . Give to these, Thy servants, wisdom and
righteousness in the discharge o f their duties, and breadth of
sympathy and vision. \ We pray for God’s blessing upon Thy
servant, our Chief Magistrate. Bless our President elect. p re_
serve his life and health to enter upon the duties o f his great
office, and God grant that his administration may be a con
spicuous success and a blessing to all the people. Command
Thy blessing, we beseech Thee, upon Thy servant, the Chaplain
o f the House. Lay Thy healing hand upon him and restore him
to health and strength. These blessings we ask through Jesus
Christ our Lord. Amen.
The Journal o f the proceedings o f yesterday -was read and ap
proved.
OHIO.
THE LATE REPRESENTATIVE MALBY.
W. E. Halley to be postmaster at Greenville, Ohio, in place of
W . E. Halley. Incumbent’s commission expires February 11,
1913.
Thomas J. Maxwell to be postmaster at Fremont, Ohio, in
place o f Gustavus A. Gessner. Incumbent’s commission expires
February 9, 1913.
Joseph R. Taber to be postmaster at Canfield, Ohio, in place
o f Joseph R. Taber. Incumbent’s commission expires February
9, 1913.
Mr. M ERRITT. Mr. Speaker, I ask unanimous consent for
the present consideration o f the ordef which I send to the
Clerk’s desk.
The SPEAKER. The gentleman from New York asks unani
mous consent for the present consideration o f a resolution
which the Clerk will report.
The Clerk read as follow s:
OKLAHOMA.
George M. Massingale to be postmaster at Leedey, Okla.
became presidential January 1, 1913.
Office
Ordered, That Sunday, January 2C 1912. at 12 o'clock noon, be set
>,
apart for addresses on the life, character, and public services of lion
G eorge R. M a l b y , late a Representative from the State of New York!
The SPEAKER. Is there objection?
There was no objection.
C N R
O G ESSIO AL R C R —SENATE
N
EOD
1913
izing the Secretary o f W ar to deliver a condemned cannon to
the Arm y and Navy Union, United States o f America, reported
it without amendment and submitted a report (No. 1122)
thereon.
MOUNT OLIVET CEMETERY LANDS, SALT LAKE COUNTY, U TAH .
16.51
General and the Attorney General to make an investigation and
bring action in reference to the affairs o f the Crow Indians.
The PRESID IN G OFFICER. Is there objection to the pres
ent consideration o f the resolution?
The Senate, by unanimous consent, proceeded to consider the
resolution.
The PRE SID IN G OFFICER. The amendment o f the Com
mittee on Indian Affairs w ill be read.
The S e c r e t a r y . The Committee o n Indian Affairs report to
strike out all after the resolving clause and to in sert:
Mr. SMOOT. From the Committee on Public Lands I re
port back favorably without amendment the bill (S. 8092)
granting to tlip Emigration Canon Railroad Co., a corporation
o f the State o f dJtah, permission, in so far as the United States
is concerned, to occupy for a right o f way for its railroad track
That the Attorney
and he is
to inves
a certain piece o f land now included in the Mount Olivet Ceme tigate the affairs of General be,Indians of hereby, authorizedbring and
the Crow
Montana and to
tery, Salt Lake County, Utah, and I submit a report (No. 1120) prosecute such action as may be necessary to protect the interests and
secure the rights of such Indians, or of any member of them, and all de
thereon. I ask fo r the immediate consideration o f the bill.
partments of the Government are authorized to turn over to the Attor
The PRE SID IN G ^OFFICER. The bill w ill be read for the ney General such records, papers, and other information as he may
require to make such investigation or bring such action.
inform ation o f the Semite.
Mr. CULBERSON. From what committee does it come?
The PRESID ING OFFICER. The question is on agreeing to
Mr. SMOOT. From tnsp Committee on Public Lands. ‘
the amendment o f the committee.
Mr. CULBERSON. Is I t a unanimous report?
The amendment was agreed to.
Mr. SMOOT. It is a unanimous report, Mr. President.
The resolution as amended was agreed to.
The PRE SID IN G OFFICER. The bill w ill be read for the
JACOB M. COOPER.
inform ation o f the Senate.
The Secretary read the bill, n\ fo llo w s:
Mr. SANDERS. From the Committee on M ilitary Affairs I
B e it enacted, etc., That the Emigration Canon Railroad Co., a corpo
ration of the State of Utah, is hereby granted permission, in so far as report back favorably, without amendment, the bill (S. 5859)
the United States is concerned, to occupy, for a right of way for its for the relief o f Jacob M. Cooper, and I submit a report (No.
railroad track, that piece of land now included in the Mount Olivet 1 1 2 1 ) thereon. I ask for the immediate consideration o f the bill.
Cemetery, Salt Lake County, Utah, particularly hounded and described
The Secretary read the b ill; and there being n<! objection, the
as follo w s: Commencing at a point 169 feet §ast and 100 feet north of
Senate, as in Committee o f the Whole, proceeded to its consid
the southwest corner of the Fort Douglas M ilia r y Reservation, in Salt
Lake Countv, U ta h ; thence northwesterly rottnding a twenty-degree eration.
It provides that in the administration o f the pension
curve, a distance of 351.99 feet, to a point on tlih west line of the said
military reservation, a distance of 387.9 feet north from the southwest laws and the laws governing the National Home for Disabled
corner of said reservation : thence south to a point 100 feet north of Volunteer Soldiers, or any branch thereof, Jacob M. Cooper,
the southwest corner of said Fort Douglas Military Reservation; thence now a resident o f Iowa, shall hereafter he held and considered
cast a distance of 169 feet to place of beginning; containing in all
to n ave been honorably discharged from the military service o f
0.319 acre.
V
BRISTO W . My attention was diverted, m a t is tlie the United States as a private in Company C, Twenty-second
Regiment United States Infantry, July 18, 1868. But no pen
bill, and what is the request?
\
Mr. SMOOT. B y an act o f Congress approved Jaimary 23, sion shall accrue prior to the passage o f this a c t
The bill was reported to the Senate without amendment,
3909, a portion o f this reservation, amounting to about of^aeres,
"'a s conveyed by deed to the Mount Olivet Cemetery Assoc%tibn, ordered to be engrossed for a third reading, read the third time,
Salt Dike, for the burial o f the dead, with the reservation that and passed.
it should be used for that purpose, and when not so useu\it
should revert to the Government o f the United States.
The Emigration Railroad has a track upon one side o f it /
aiid has had for years. At the end o f it there is a 5£ per cent
grade with a seventy-degree curve, and it is quite dangerous.
The Mount Olivet Cemetery people are perfectly willing that the
railroad company should take about one-third o f an acre o f the
corner o f the land so as to make a curve instead o f a sharp turn.
There is no objection on the part o f the department and no
rejection on the part o f the cemetery people. I t is simply ob
viating a very dangerous situation.
The PR E SID IN G O FFICER. Is there objection to the pres
ent consideration o f the bill?
'
There being no objection, the bill was considered as in Comhiittee o f the Whole.
/
The bill was reported to the Senate without amendment, or
dered to be engrossed for a third reading, read the third time,
and passed.
TUELIC BUILDING AT BAY CITY, TEN.
Mr. CULBERSON. From the ^Committee on Public Buildings
and Grounds I report back favorably without amendment the
bill (S. 7 G 9 ) to provide for tlitl' erection o f a public building in
3
the city o f Bay City, in the .State o f Texas, and I ask for its
present consideration.
The Secretary read th&: b i ll; and there being no objection,
lllo Senate, as in Committee o f the Whole, proceeded to its
consideration. It authorizes to be erected upon the site alteady acquired in the city o f Bay City, Tex., a suitable build-*
lnS, including fireproof vaults, heating and ventilating appa
ratus, elevators, and, approaches, for the use and accommodation
° f the United State* post office in the city o f Bay City, Tex., the
cost o f the buikltfig, including vaults, heating and ventilating
apparatus, elevators, and approaches complete not to exceed
$75,000.
/
The bill wiyf reported to the Senate without amendment, or
dered to be engrossed for a third reading, read the third time,
ail< p a s s e d /
l
/
CROW INDIANS OF MONTANA.
. Mr. CHAM BERLAIN. I reported yesterday a resolution
r°m thef Committee on Indian Affairs, and it was discussed at
s°hie l / g t h . I desire now to renew the request for unanimous
c°iiseiK to consider that resolution.
3'Le PRE SID IN G O FFICER. The resolution w ill be stated.
3b e S e c r e t a r y . Senate resolution 352, authorizing the Sec
retary o f the Interior to furnish information to the Attorney
BILLS INTRODUCED.
Bills were introduced, read the first time, and, by unanimous
consent, the second time, and referred as follow s:
\ By Mr. TO W N SE N D :
LA bill (S. 8161) to provide for the erection o f a public buihlingfc in the city o f Midland, M ich .; to the Committee on Public
Buildings and Grounds.
B y A lr. JOHNSON o f M ain e:
A bm (S. 8162) granting an increase o f pension to Joseph A.
Libby ;%> the Committee on Pensions.
By M r*P A G E :
A bill ( 8 . 8163) granting an increase o f pension to Mary E.
Allen (witILaccompanying papers) ; to the Committee on Pen
sions.
\
B y Mr. McMGAN:
A bill (S. 8 w&) granting an increase o f pension to Ellen M.
Vinton (w ith accompanying papers) ;
A bill (S. 8165)^granting an increase o f pension to Don Pedro
Griswold (w ith accompanying papers) ;
A bill (S. S166) granting an increase o f pension to Sarah J.
Wheatley (w ith accompanying papers) ; and
A bill (S. 8167) graftin g an increase o f pension to Anna R.
Atwood (w ith accompanying papers) ; to the Committee on
Pensions.
\
By Mr. PER K IN S :
\
A bill (S. 8168) for the relief o f George F. Sch ild; to the Com
mittee on Claims.
\
A bill (S. 8169) for the ffcotection and increase o f State
game preserves; to the Committee on Agriculture and Forestry.
By Mr. CURTIS :
\
A bill (S. 8170) granting an inetease o f pension to Monroe
G arrett;
\
A bill’ (S. S171) granting an increase o f pension to Isaac M.
W h ite;
\
A bill (S. S172) granting a pension to^ 'h oin as Taylor M oss;
and
A bill (S. 8173) granting an increase o f pension to Georgiana
Packard; to the Committee on Pensions.
\
By Mr. BR AD LEY :
\
A bill (S. S174) granting an increase o f pension to James W.
New (w ith accompanying p a p e r s ); to the Committee on Pen
sions.
By Mr. K E R N :
A bill (S. 8175) granting a pension, to Durance R. McFeely
(w ith accompanying p a p e rs ); and
■T
jg
C N R SSIO A R C R —SEN
OGE
NL EOD
ATE.
1052
January 17
A bill (S. 8176) granting an increase o f pension to Benjamin lewdness, assignation, and prostitution; to declare the sam
Havens (with accompanying papers) ; to the Committee on to be nuisances; to enjoin the person or persons'w ho conjur
et
or anaintain the same and the owner or agent o f any buildin
Pensions.
us^d for such purpose; and to assess a tax against the pers0a
By Mr. O W E N :
A bill (S. 8177) to prevent the transportation by interstate maintaining said nuisance and against the buildin and owner
commerce o f adulterated, concentrated, commercial feeding ma thereof. The bill was read in full on the 13tl
The PRESID ING OFFICER. Is there obJ •ction to the pre^
terial for domestic animals and poultry, and providing a pen
alty for the violation o f the act; to the Committee on Inter felt consideration o f the bill?
Mr. CRAW FORD. Is that a bill w idely is going to
state Commerce.
£
Provok
discussion?
AMENDMENTS TO APPROPRIATION BILES.
Mr. CURTIS. I think not. I w ill notfpress it if it does
Mr. M ARTIN o f Virginia submitted an amendment proposing
Mr. CRAW FORD. I will not o b j e c t /f it leads to no disci
to appropriate $12,000 for grading and macadamizing Long sion.
/
Us*
fellow Street in the District o f Columbia, etc., intended to be
Mr. CURTIS. I w ill withdraw it, iff there is any trouble
proposed by him to the District o f Columbia appropriation bill,
There being no objection, the Senate, as in Committee of ti
which was referred to the Committee on Appropriations and Whole, proceeded to consider the bill, which had been report 16
ordered to be printed.
from the Committee on the District o f Columbia with anient
Mr. D IXO N submitted an amendment proposing to increase rnents.
the appropriation for continuing the construction o f irrigation
The first amendment was, in section 1, page 1, line 4 ,
systems toUrrigate the allotted lands o f Indians on the Flat- the word “ own,’ - to insert “ occupy,” so as to read :
°r
head Reservation in Montana, etc., from $150,000 to $400,000,
That whoever shall erect, establish, continue, maintain, use
intended to be proposed by him to the Indian appropriation occupy, or re-lease any building, erection, or place used for the p’urn *•
*
bill, which was referred to the Committee on Indian Affairs of lewdness, assignation, or prostitution in the District of Columbia®6
guilty of a nuisance, and the building, erection, or place, or the o
-j.Jr 's
and ordered to be printed.
upon which
He also submitted an amendment proposing to appropriate Itself in ornermittpd nr such lewdness, assignation, or prostitution •
’ ondneted.
oarrinU nn rnntinned. or exists nnti
$2,573.25 to pay Omer D. Lewis, lease clerk at the Flathead
Indian Agency, Mont., for expenses incurred for hospital and
The amendment was agreed to.
doctors’ fees for personal injuries received while aiding Fed
eral officers in suppressing the sale o f liqhor to Indians, etc.,
The next amendment was, in section 5, page 5, line 6 , after tho
intended to be proposed by him to the, Indian appropriation word “ section,” to strike out the follow in g :
bill, which was referred to the Committee on Indian Affairs and
For removing and selfing the movable property .the officer shall i
entitled to charge and receive the same fees as he would for levyin" un^6
ordered to be printed. and selling like property on execution, and for closing the premia
Mr. BROW N submitted an amendment proposing to appro and keeping them closed a reasonable sum shall be allowed by the court
priate $1,200 to repair the Government bridge across the Nio
The amendment was agreed to.
brara River in Knox County, Nebr., for the use o f the Santee
The next amendment was, in section S, page 6 , line 22, ‘after
and Ponca Indians, intended to be proposed by him to the
Indian appropriation bill, which was referred to the Committee the word “ to,” to insert “ the,” and on page 7, line 6 , after the
word “ act,” to strike out “ excepting that 1 0 per cent o f the
on Indian Affairs and ordered to be printed.
amount collected shall be paid by the collector o f taxes to the
TENSIONS AND INCREASE OF PENSIONS.
attorney representing the United States for the District of £o
Mr. JONES submitted an amendment intended to be proposed lumbia in the injunction action at the time o f final judgm ent’’
by him to the bill (H. R. 27475) granting pensions and increase so as to read:
\
’
o f pensions to certain soldiers and sailors o f the Civil W ar and
In case the assessor fails onneglects to make said assessment thn
certain widows and dependent children o f soldiers and sailors same shall be made by the chieft of police, and a return of said assess
o f said war, which was referred to the Committee on Pensions ment shall be made to the collector of taxes. Said tax shall be a per'
petual lien upon all property, Iteth personal and real, used for the
and ordered to be printed.
purpose of maintaining said nuisance, and the payment of said tax
FOREST RESERVES IN WASHINGTON.
Mr. JONES submitted the follow ing resolution (S. Res. 434),
which was read, considered by u n a n im o u s consent, and
agreed t o :
%
Resolved, That the Secretary of Agriculture be, and he is hereby,
directed to report to the Senate at as early, a date as possible the
names of the forest reserves in the State of W ashington; the area of
each ; the number of homestead entries allowed in each under the act
of June 11, 1 9 0 6 ; the number of ranger station^ in each and the area
reserved for ranger purposes; the number of acres under cultivation in
connection with ranger stations; the number of applications that are
now pending under said act of June 11, 1 9 0 6 ; the number rejected and
the number allowed in each of said reserves.
FRIEDMANN CURE FOR TUBERCULOSIS
(S . DOC. NO. 1 0 1 8 ) .
The PRESIDING OFFICER laid before the Senate the fo l
lowing message from the President o f the United States, which
was read, and, with the accompanying papers, referred to the
Committee on Public Health and National Quarantine, and or
dered to be printed:
T o th e S e n a te o f th e U n ited S t a t e s :
I transmit herewith a memorandum o f the Secretary o f
State, inclosing a report prepared by the consul general at Ber
lin, in regard to the Friedmann cure for tuberculosis.
The report is sent in reply to a resolution o f the Senate of
January 2, 1913, by which I am requested to submit to the
Senate the results o f any investigation o f the Friedmann cure
made or being made by the American consul general in Germany
or any other officer o f the United States.
W m . H. T aft.
T
he
W
h it e
H
o u se,
J an u ary 16, 1913.
HOUSE BILLS REFERRED.
The following bills were severally read twice by their titles
and referred to the Committee on Im m igration:
II. R. 19544. An act to amend section 9 o f the immigration
act approved February 20, 1907; and
II. R. 20195. An act to amend the naturalization laws.
ABATEMENT OF NUISANCES.
Mr. CURTIS. I ask unanimous consent for the present con
sideration o f the bill (S. 5861) to enjoin and abate houses of
shall not relieve the person or buUding from any other penalties nrcT
vided by law. The provisions of tae law relating to the collection anri
distribution of taxes upon personaftand real property shall govern in
the collection and distribution of tie tax herein prescribed in so fn),
as the same are applicable and n o t in conflict with the provisions H
this act.
V
01
The amendment was agreed to.The next amendment was, on pafe 7, to strike out section
in the follow ing w ords:
9
S e c . 9. That this act shall take effect fe d be in force 90 days after
its passage.
«
1
The amendment w as agreed to.
The next amendment was, on page 7, V insert a new section
as fo llo w s :
\
S f. c . 9. The United States district attorney % other attorney renrp.
senting the prosecution for violation of this statute, with the
of the court, may grant immunity to any witneVs called to testify in
behalf of the prosecution.
ap ro
p val
The ameiidment was agreed to.
The bill was reported to the Senate as afeended, and the
amendments were concurred in.
t
The bill was ordered to be engrossed for a tliiftd reading, read
the third time, and passed.
\
OMNIBUS CLAIMS BILL.
\
Mr. CRAWFORD. I ask that the Senate resume, the consid
eration o f House bill 19115, known as the omnibus claims bill.
There being no objection, the Senate, as in Committee of the
Whole, resumed the consideration o f the bill (H. R. 19115)
making appropriation for payment o f certain claims in accord
ance with findings o f the Court o f Claims, reported under the
provisions o f the acts approved March 3, 1S83, and March 3 ,
1887, and commonly known as the Bowman and the Tucker
Acts.
\
Mr. CRAWFORD. Mr. President, there are two or tTw-ee
amendments from the Committee on Claims in relation to lcfe
gevity or overtime navy-yard charges, exactly similar to ikosfe
which have already been incorporated in the bill. I will send'
them to the desk and ask to have them adopted:
The PRESIDING OFFICER. The amendments proposed by
the Senator w ill be stated.
1913.
C N R SSIO A R C R —SENATE.
OGE
NL EOD
that amendment. I do not know that I would oppose it at all,
hut I do not feel life agreeing for the committee to the amend
ment.
Mr. W ILLIAM S. \This is a request for unanimous consent.
It seems to me that % e danger is so palpable and obvious that
if the bill becomes a law it w ill take the jurisdiction o f all o f
fenses o f this sort practically out o f the State courts into the
Federal courts, to theAetriinent, where a man is really inno
cent, o f the arrested A rson , forcing him to go to a distant
forum instead o f one near h om e; and it w ill become so evident
in the interest o f the r e a l prosecutors, the carriers, the express
companies, to throw all trapse cases into the Federal court that
it w ill substantially do av>\v with the jurisdiction o f the State
courts upon questions o f tlnte sort.
So I am not willing to gnlnt unanimous consent for the pres
ent consideration o f the bilRuntil the committee has at least
had an opportunity to consid% that point and see if they can
not amend the bill to meet the Objection. I object to its present
consideration.
\
Mr.* CLARK E o f Arkansas. 3la\ President, I hope the Sena
tor from Mississippi w ill withdraw the objection until I can
say ju st a few words.
\
Mr. W ILLIAM S. I withhold theVbjection.
Mr. CLARK E o f Arkansas.
The objection indicated by
Ike Senator, if it is an objection, is|/i minor one. The fun
damental objection to the bill is th% it disregards one of
the specific provisions o f the Constitution o f the United States.
I f there is a principle in our system ofVgovernment which is
fundamental, it is that the venue of a prosecution shall be
established before a trial can take place. The system o f drag
ging persons to distant points and to try theffkthere for offenses
went out o f existence when the Constitution o f the United
States was adopted. The mere difficulty o f preying the venue
does not dispense with the necessity o f doing it. It may be
that the uncertainty was one o f the possible melons o f escape
that was contemplated when this system o f government was
established. It is no reason for dispensing with the. necessary
and fundamental principle o f proving venue that it % difficult
to prove it. There are a number o f cases where tti%t result
has worked out. It would be better that the defendant^should
go free than that that fundamental principle o f American
citizenship should be violated.
\
I am not prepared to admit that because violence is practiced
or crim es committed against property that is in transit in inter
state commerce it shall constitute an offense against the Nffe
tional Government. It may be that in these times when thaUs
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particular feature o JS _____Constitution?ivi growing all the time
f our /~1 l + -»n I is
something has been said heretofore by courts or done by Con
gress that would make that a necessary extension o f a doctrine
already established and recognized. •It is a close question, with
the doubt in my mind against it ; but I have no sort o f doubt
about the proposition that the mere uncertainty o f the particu
lar place where a certain crime is committed can not be made
to dispense with the sixth amendment o f the Constitution of
the United States, which saj's:
In all criminal prosecutions, the accused shall enjoy the right to a
speedy and public trial, by an impartial jury of the State and district—
Not only the State but the district—
^'herein the crime shall have been committed,
have been previously ascertained by law.
which district shall
Mr. CUMMINS. Mr. President------ The P RE SID EN T pro tempore. Does the Senator from Arkan
sas yield to the Senator from Iow a?
Mr. C LA RK E o f Arkansas. I do.
Mr. CUMMINS. O f course, the bill does not relieve the Gov
ernment from the necessity o f proving the venue of the crime.
Mr. CLA RK E o f Arkansas. It must prove it to be within the
jurisdiction.
J
Mr. CUMMINS. The only difference is that when a case is
prosecuted in the Federal court the crim e must be proved to
have been committed in the district, I assume, in which the
prosecution is brought forward, Whereas in the other case it
generally must be proven to have occurred in the county in
which the crime was committed.;
Mr. C LA RK E o f Arkansas, f o u can not prove that it oc
curred in a district without proving that it occurred in some
county, it is no more difficult to prove that it occurred in a
county than to prove that it occurred in a district, because the
district is made up o f counties.
Mr. CUMMINS. It is a little more difficult, because the
county is smaller than the district.
Mr. CLA RK E o f Arkansas. The particular locus o f the
ci-ime will be established in either event. But in addition to
Unit very essential feature, I flunk the Senator from Iowa
could enlighten some o f us at least if he would give us the ben
efit o f an explanation by him as to why he thinks that the
1781
simple fact that an interstate train has b o o / burglarized— for
it is burglary in Arkansas to break into a ffeight car that has
been sealed— constitutes an offense againjif the National Gov
ernment.
Mr. CUMMINS. I did not introduce tfce bill.
Mr. CLARK E o f Arkansas. I do n&t know anyone who is
better able to sustain that position, ifM is capable o f being sus
tained, notwithstanding the Senator did not introduce the bill.
Mr. CUMMINS. I reported th e jjill at the command o f the
Judiciary Committee.
r
Mr. CLARK E o f Arkansas. The committee owes it to the
Senate to be able to demonstrate the legality or validity of the
bills it presents. I f the Senator is not able to do it, i do not
know anyone on this floor w h # can do it.
Mi*. CUMMINS. I have up real doubt about its validity if it
passes. Of course, i f it is passed it is passed by virtue o f our
power to regulate commerce among the States, because we have
the right to protect and cfefend commodities in interstate com
merce. The Senator from Arkansas is altogether too well
versed in the judicial Literature o f that subject to need any
further suggestion o f mine.
Now, as to the necessity for such a bill, all that I can say is
that it was represented and proven to us that there had been
recently more thanfone miscarriage o f justice because it had
been found to be impossible to establish in the State courts the
venue o f the crime charged, and it was believed that this would
enable prosecutions to be more effective. There is one case
brought to ou r' attention where a baggageman committed lar
ceny upon a trunk coming up, I think, possibly from Jackson
ville, through South Carolina, North Carolina, and Virginia, to
Washington.* He stole a large amount o f jew elry from the
trunk. It Was found upon his person in the D istrict o f Colum
bia. He was prosecuted in the District o f Columbia, and he
was acquitted because he did not commit the larceny here and
because there is no statute in the D istrict o f Columbia making
it a crim e to be found in the possession o f stolen property.
That is an instance o f the inadequacy o f the present law.
Mr. CLARK E o f Arkansas. That is a defect in the legislation
o f the District. That does not tend to support the constitu
tional principle that the mere circumstance o f property being
transported in interstate commerce is immune, or rather so
completely subjects it to the national authority that any inter
ference with it constitutes an offense against the National Gov
ernment. That matter can be carried a long way. I f that were
true, no one would dare to assault, except under pain o f prosecution in a Federal court, an employee upon a railroad train
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hauling interstate freigh t; two passengers could not engage in
ar: broil without subjecting themselves to prosecution in the
Federal court. Felony or larceny or any other offense com
mitted on a train engaged in interstate commerce would imme
diately cease to become a violation o f the law o f the particular
State in which the transaction took place. That would become
a national offense. The logic o f the thing leads it beyond the
doctrine' fo r which the Senator is contending.
Now, l\w ould suppose that when the Judiciary Committee
proposed ay measure that so radically interferes with the ex
isting c o n d ik o n o f affairs that committee would be able to sus
tain its position by some tangible reference to existing author
ity, and would not leave it to be assumed that it is because o f
the provision o f the Constitution o f the United States, which
gives Congress tfje power to regulate commerce between the
States, was a curkall and a cover-all that embraces everything
anybody chooses to -say was within its jurisdiction.
As I caught the reading o f the bill, the prosecution was not
confined to any particular district. It seemed to be a kind of
blanket proposition tin t if an interstate train was robbed
from the time it started'out anywhere along the route it would
give jurisdiction to deal with the offender if they could find
him anywhere.
The Senator from Iowa admits now that the territorial scope
has been limited by the provision o f the Constitution which I
have just read, which brought, it down as one o f the districts
in which the United States court served in the several States,
and it would be necessary to establish the venue before the
prosecution could take place. That, o f course, lim its the scope
o f the bill very much from what those who were so ardently
interested in it deemed to be the case.
I think myself this is so radical V measure I believe the
Senator from Iowa would be justified fn taking a little time to
prepare himself and see what has becorfe o f similar efforts to
extend the national jurisdiction, if any such have ever been
made, and see if the adjudicated cakes would in the slightest
degree ju stify this attempted extension o f national authority.
I am not one o f the cranks who think that the National
Government has no powers. I think it ought to have ample
power to carry out every duty imposed upon it. I am not a
1782
{ /
C N R SSIO A R C R —SEN
OGE
NL EOD
ATE.
strict constructionist on any line any further than the rationale
o f the situation requires. When I make the suggestions I do
it is not at all out o f any special jealousy o f the jurisdiction of
the State courts. I express a preference in many respects for
the measure and character o f justice administered in the Fed
eral courts. But what I have to say about it is prompted en
tirely by considerations from that view o f it.
Mr. CUMMINS. Mr. President, I shall not enter upon any
argument in regard to the bill now. I have no great interest ii|
the bill. I presented it to the Senate because I was commanded
to do so by the Judiciary Committee. I believed it was gooa»
legislation and I believe it is constitutional. But, at any rate,
it would be idle to discuss the bill at this time inasmuch as it is
not to be considered at this time. I f hereafter it shall come
before the Senate, I will be very glad to respond to some o f the
suggestions which have been made by the Senator from A r
kansas.
The PRESIDEN T pro tempore. Is there objection to
present consideration o f the bill?
Mr. W ILLIAM S. I object.
The PRESID EN T pro tempore. The Senator from Mis
sippi objects, and the bill goes to the calendar.
PUBLIC BUILDINGS IN THE STATE OF WASHINGTON.
Mr. PO IN D EXTER. From the Committee on Public Bifidjugs and Grounds I report back favorably, with an amendmfnt,
the bill (S. 4545) to provide for the erection o f a public bil
ing in the city o f Ellensburg, in the State o f Washington,
I also report back with amendments the bill (S. 4547) to pro
vide a site and to erect a public building at Aberdeen, Wash
Mr. JONES. I ask unanimous consent that the two bill'
just reported may be put on their passage.
The PRE SID EN T pro tempore. Does the Senator from Utah
yield to the Senator from Washington?
Mr. SMOOT. I do. I suppose it w ill not take any time.
The PRESID EN T pro tempore. The Senator from Washing
ton asks for the present consideration o f the bill (S. 4545) to
provide for the erection o f a public building in the city of
Ellensburg, in the State o f Washington. Is there objection?
There being no objection, the Senate as in Committe o f the
W hole proceeded to consider the bill.
The amendment o f the committee was, in line 12, before the
word “ thousand,” to strike out “ two hundred ” and insert
“ eighty-five,” so as to make the bill rea d :
M|
Be it enacted, etc., That the Secretary of the Treasury he, and he is
hereby, authorized and directed to cause to he erected upon the site
already acquired in the city of Ellensburg, Wash., a suitable building,
including fireproof vaults, heating and ventilating apparatus, elevators,
and approaches, for the use and accommodation of the United States
post office in the said city of Ellensburg, W ash., the cost of said build
ing, including said vaults, heating and ventilating apparatus, elevators,
and approaches, complete, not to exceed the sum of $85,000.
w
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.
Mr. JONES. I ask the Senate to proceed to the considera
tion o f Senate bill 4547.
There being no objection, the Senate, as in Committee o f the
Whole, proceeded to consider the bill (S. 4547) to provide a site
and erect a public building at Aberdeen, Wash., reported
from the Committee on Public Buildings and Grounds with
amendments.
The amendments were, on page 1, line 4, to strike out “ pur
chase or acquire by condemnation o f a site for and ” ; in line 5,
after the word “ erected,” to strike out “ thereon” and insert
“ upon the site already acquired ” ; in line 1 1 , before the word
“ building,” to strike out the words “ site and ” ; and, in line 1 2 ,
before the word “ thousand,” to strike out “ fift y ” and insert
“ twenty,” so as to make the bill re a d :
B e i t e n a c t e d , e t c ., That the Secretary of the Treasury be, and ho is
hereby, authorized and directed to cause to be erected upon the site
already acquired a suitable and commodious building for the use and
accommodation of the post office and other offices of the Government at
Aberdeen, Wash
The plans, specifications, and full estimates for said building shall
be previously made and approved according to law, and shall not exceed,
for the building complete, the sum of $120,000 : Provided, That the site
shall leave the building unexposed to danger from fire in adjacent build
ings by an open space of not less than 30 feet, including streets and
alleys ; and no money appropriated for the purpose shall be available
until a valid title to the site for said building shall be vested in the
United States.
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.
January 20.
Mr. JONES. I suggest that the title be amended by striiing out the reference to a site. The site has already been
purchased.
The title was amended so as to read: “ A bill to provide f
the erection o f a public building at Aberdeen, in the Stain ° l
l
Washington.”
PEOPOSED EXECUTIVE SESSION.
Mr. SMOOT. I move that the Senate proceed to the consic
p
eration of executive business.
Mr. M ARTIN o f Virginia. Mr. President, it is very evident
"that there is no quorum present
I suggest the absence of
a
quorum.
Dhe PRESID EN T pro tempore. The Senator from Virginia
?gests the absence o f a quorum. The roll will be called,
The Secretary called the roll, and the following Senators
answered to their nam es:
Asburst
Bankhead
Bourne
Bradley
Bristow
Brown
Bryan
Burton
Chilton
Clapp
Clarke, Ark.
Crawford
Culberson
Cullom
Cummins
Curtis
Dixon
du Pont
Fletcher
Foster
Gallinger
Gamble
Gardner
Gore
Gronna
Guggenheim
Heiskell
Hitchcock
Johnston, Ala.
Jones
Kern
La Follette
Lippitt
MeCumber
Martin, Va.
Martine, N. J.
Nelson
O’Gorman
Oliver
Page
Paynter
Percy
Perkins
Perky
Poindexter
Pomereno
Sanders
Shively
Simmons
Smith, Ariz.
Smith, Md.
Smoot
Stephenson
Stone
Sutherland
Swanson
Thomas
Thornton
Townsend
Wetmore
Williams
Works
The PRESID EN T pro tempore.
Sixty-two Senators have
answered to their names. A quorum o f the Senate is present.
The question is on the motion made by the Senator from Utali
[Mr. Smoot] that the Senate proceed to the consideration of
executive business. [Putting the question.] By the sound the
“ ayes ” appear to have it.
Mr. CLARKE o f Arkansas. Mr. President, I call for the yeas
and nays. I think we are entitled to have a yea-and-nay vote on
the question.
The yeas and nays were ordered, and the Secretary proceeded
to call the roll.
Mr. FOSTER (when his name was called). I have a general
pair with the junior Senator from Wyoming [Mr. W a r r e n ] , a n d
I think upon this question I will observe that pair.
Mr. L IP P IT T (when his name w as called). I transfer my
pair with the senior Senator from Tennessee [Mr. L e a ] to the
Senator from New Mexico [Mr. F a l l ] and w ill vote. I vote
“ yea.”
Mr. LODGE (when his name was called), I have a general
pair with the junior Senator from Georgia [Mr. Sm ith ] and
therefore withhold my vote?.
Mr. M YERS (when his name was called)
h a v e a gen eral
pair with the Senator from Connecticut [ M r . M c L e a n ] a n d
therefore withhold my vote.
Mr. O LIVER (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 i n ],
I transfer that pair to the junior Senator from New Hampshire
[Mr. B u r n h a m ] and w ill vote. I vote “ yea.”
Mr. SIMMONS ( w h e n Mr. O v e r m a n ’ s n a m e w a s c a l l e d ) , j
w i s h t o s a y t h a t m y c o l l e a g u e [Mr. O v e r m a n ] i s a b s e n t on ac
c o u n t o f s ic k n e s s .
Mr. PAYNTER (when his name was ca lled ). I have a general
pair with the senior Senator from Colorado [Mr. G u g g e n h e i m ],
and I therefore decline to vote.
Mr. PERKIN S (when his name was called). I have a general
pair with the junior Senator from North Carolina [Mr. O ver
m a n ] , who is detained from the Senate by illness.
I transfer
that pair to the junior Senator from Nevada [Mr. M a s s e y ] a n d
w ill vote. I vote “ yea.”
Mr. STONE (when Mr. R e e d ’ s name was called). I d e s ir e
to state that my colleague [Mr. R e e d ] has been called from the
Senate by imperative business.
Mr. SIMMONS (when his name was called). I wish to ask if
t h e junior Senator from Minnesota [Mr. C l a p p ] has voted?
The PRESID EN T pro tempore. The Chair is informed that
he has not voted.
Mr. SIMMONS. I have a pair with that Senator and there
fore withhold my vote.
Mr. STONE (when his name was called). I have a general
pair with the Senator from Wyoming [Mr. C l a r k ] , He not
being present, I withhold my vote.
The roll call was concluded.
Mr. LODGE. I transfer my pair with the junior Senator from
Georgia [Mr. S m i t h ] to the Senator from New Mexico [Mr.
C a t r o n ] and will vote. I vote “ yea.”
C N R SSIO A R C R —H U
OGE
N L E O D O SE
1918
W hile I am on my feet I announce by request that my col
league, the Senator from Massachusetts [Mr. C r a n e ] is paired
with the Senator from Maine [Mr. G a r d n e r ] ; that the Senator
from New Jersey [Mr. B r ig g s ] is paired with the Senator from
W est Virginia [Mr. W a t s o n ] ; that the Senator from Kansas
[Mr. C u r t i s ] is paired with the Senator from Oklahoma [Mr.
O w e n ] ; 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 ] ; and
th at,the Senator from Connecticut [Mr. B r a n d e g e e ] is paired
with the Senator from Georgia [Mr. B a c o n ] .
Mr. SIMMONS. I transfer my pair with the junior Senator
from Minnesota [Mr. C l a p p ] to the Senator from Maine [Mr.
J o h n s o n ] and w ill vote.
I vote “ nay.”
Mr. W ILLIA M S (after having voted in the negative). I
have just been informed o f the absence o f the senior Senator
from Pennsylvania [Mr. Penrose]. I have a general pair with
that Senator, and I therefore desire to withdraw my vote.
Mr. M YERS. I transfer my pair with the Senator from
Connecticut [Mr. M c L e a n ] to the Senator from Nevada [Mr.
N k w l a n d s ] and vote.
I vote “ nay.”
The result was announced— yeas 2 G nays 30, as follows^
,
w
Y E A S— 26.
\ ■
Stephenson
Bradley
McCumber
Gallinger
Brown
Bu rton
Cullom
Cummins
Dillingham
du Pont
Gronna
Jackson
Jones
La Follette
Lippitt
Lodge
Nelson
Oliver
Page
Perkins
Sanders
Smoot
N AY S— 30.
Myers
Fletcher
O’Gorman
Gore
Percy
Heiskell
Perky
Hitchcock
Poindexter
Johnston, Ala.
Pomerenc
Kern
Shively
Marlin, Vn.
Simmons
Martine, N. J.
Sutherland
Townsend
Wet more
Works
i
1783
Mr. FE R R IS. Mr. Speaker, if the gentleman from Illinois
[Mr. M a n n ] w ill consent, this is a bill o f my colleague Mr.
C a r t e r , who is ill in bed. I do not know anything about it,
and I do not know if he were here he could explain aw ay the
objections o f the gentleman from Illinois; but I ask that the bill
remain on the calendar, without prejudice, on account o f Mr.
C a r t e r being absent.
The SPEAKER. The gentleman from Oklahoma [Mr. F er
r i s ] asks unanimous consent that this bill be passed without
prejudice. Is there objection?
There was no objection.
ENLARGED
H OM ESTEAD S.
The next business on the Calendar foixdnanim ous Consent was
the bill (H. It. 23351) to amend an act entitled “An act to pro
vide for an enlarged homestead.”
The Clerk proceeded with the reading o f the bill.
Mr. MANN. Mr. Speaker, is the Clerk reading the original
bill or the committee amendment, may I ask?
The SPEAKER. The Clerk is reading the original bill.
Mr. MANN. I ask unanimous consent that the Clerk report
the substitute instead o f the original bill. It is merely a mat
ter o f saving time.
The SPEAKER. The gentleman from Illinois [Mr. M a n n ]
asks unanimous consent that the Clerk read the substitute in
\ lieu o f the original bill. Is there objection? [A fter a pause.]
;1
The Chair hears none. The Clerk will report the substitute.
The Clerk read as fo llo w s :
Strike out all after tlie enacting clause and insert in lieu thereof the
H ollow ing:
f “ That sections 5 and 4 of the act entitled ‘An act to provide for an
enlarged homestead,’ approved February 19, 1909, and of an act en
titled ‘An act to provide for an enlarged homestead,’ approved June 17,
11910, be, and the same are hereby, amended to read as follow s:
“ ‘ S ec. 3. That any homestead entryman of lands of the character
1
■j herein described, upon which entry final proof has not been made, shall,
have the right to enter public lands, subject to the provisions of this
i
act, contiguous to his former entry, which shall not, together with the
NOT VOTING— 39.
J original entry, exceed 320 acres.
Richardson .
“ ‘ S ec. 4. That at the time of making final proofs, as provided in
Kenyon
Ba eon
Crawford
/
section 2291 of the Revised Statutes, the entryman under this act shall,
Root
Lea
Borah
Curtis
Smith, Ga. ,
in addition to the proofs and affidavits required under said section,
McLean
Brandegee
Dixon
Smith, Mich.’,
prove by two credible witnesses that at least one-sixteenth o f the area
Briggs
Massey
Fall
Smith, S. C.
Ncwlands
Foster
Burnham
i > embraced in such entry was continuously cultivated for agricultural
crops other than native grasses beginning with the second year of the
Stone
Catron
Overman
Gamble
Warren
entry, and that at least one-eighth of the area embraced in the entry
Owen
Chamberlain
Gardner
Clapp
W atson
was so continuously cultivated beginning with the third year of the
Paynter
Guggenheim
Williams
e n try : Provided, That any qualified person who has heretofore made or
Clark, Wyo.
Penrose
Johnson, Me.
hereafter makes additional entry under the provisions of section 3 of
Crane
Reed
Johnston, Tex.
this act may be allowed to perfect title to his original entry by show
So the Senate refused to proceed to the consideration o f ing compliance with the provisions of section 2291 of the Revised
Statutes respecting such original entry, and thereafter in making proof
executive business.
upon his additional entry shall be credited with residence maintained
Mr. SMOOT. I move that the Senate adjourn.
upon his original entry from the date of such original entry, but the
The motion was agreed to ; and (at 4 o’clock and 15 minutes cultivation required upon entries made under this act must be shown
p. in.) the Senate adjourned until to-morrow, Tuesdav, January respecting such additional entry, which cultivation, while it may be
made upon either the original or additional entry, or upon both entries,
2 1 , 1913, at 12 o'clock m.
must be cultivation in addition to that relied upon and used in making
proof upon the original e n try ; or, if he elects, his original and addi
tional entries may be considered as one, with full credit for residence
upon and improvements made under his original entry, in which event
H O U S E O F R E P R E S E N T A T IV E S .
the amount of cultivation herein required shall apply to the total area
of the combined entry, and proof may be made upon such combined
M onday,
,
entry whenever it can be shown that the cultivation required by this
section has been performed; and to this end the time within which
The House met at 12 o'clock noon.
proof must be made upon such combined entry is hereby extended to
The Chaplain, Rev. Henry N. Couden, D. D., offered the fo l seven vears from the date of original en try : Provided further, That
nothing herein contained shall be so construed as to require residence
lowing p ra y er:
upon
in
the period
H elp us, O God, our heavenly Father, to take up the work o f quiredthe combined entry the excess of Statutes.’ ” of residence, as re
by section 2291 of
Revised
Ashurst
Bankhead
Bourne
Bristow
Bryan
Chilton
Clarke, Ark.
Culberson
Smith, Ariz.
Smith. Md.
Swanson
Thomas
Thornton
Tillman
!
(
January 20 1913.
the week with joy and gladness, praise and gratitude; putting
our minds and hearts into each task, great or small, that we
May accomplish something fo r ourselves, fo r those we love, and
our fellow men that w ill redound to the glory and honor of
Thy holy name. Amen.
The Journal o f the proceedings o f yesterday was read and
approved.
During tlie reading,
Mr. BU RK E o f South Dakota. Mr. Speaker, a parliamentary
inquiry.
The SPEAKER. The gentleman will state it.
Mr. BU RK E o f South Dakota. I would like to ask if it has
not been the custom in submitting request for unanimous con
sent to first read the title o f the bill? I can not see the neces
U N A N IM O U S CO N SEN T CALENDAR.
sity for reading a bill, especially a bill o f some length, if there
The SPEAKER. The Clerk will call the first bill on the is going to be an objection.
Unanimous Consent Calendar.
The SPEAKER. There is no rule about that, but the Chair
thinks the better practice is to read the bill, so that Members
H O M ESTE AD A L LO TM E N TS OF C H O C T A W A N D C H IC K A S A W IN D IA N S .
The first business on the Calendar for Unanimous Consent w ill be informed as to what it is. The title might convey no
was the bill (II. Ii. 25507) to authorize certain changes in information at all. The Clerk w ill proceed with the reading.
The Clerk resumed and completed the reading o f the sub
homestead allotments o f the Choctaw and Chickasaw Indians
stitute.
iu Oklahoma.
Mr. MANN. Mr. Speaker-----The bill w as read in full.
The SPEAKER. Is there objection?
The SPEAK ER . Is there objection?
Mr. MANN. Mr. Speaker, reserving the right to object, I
Mr. MANN. I reserve the right to object.
Mr. BU RK E o f South Dakota. I would like to know what bill wish the gentleman would state just what this bill accomplishes.
Mr. TAYLO R o f Colorado. Mr. Speaker, prior to the enact
is up. is it a bill from the Committee on Indian Affairs?
Mr. MANN. A bill to authorize certain changes in Indian ment o f the enlarged-homestead law o f February 19, 1909 (35
Stat., 639), many homestead entrymen had made a filing upon
allotments.
Mr. B U R K E o f South Dakota. I see the gentleman from 160 acres o f land within the territory that was afterwards
designated as dry-farm ing land, subject to entry under the
Oklahoma [Mr. F e r r i s ] i s present.
X L I X ------ 113
1784
C N R SSIO A R C R —H U
OGE
N L E O D O SE
enlarged 320-acre homestead law. Section 3 o f that law as
above set forth expressly authorizes any homestead entryman
o f land o f the character therein described, who had not made
final proof*,' to take 160 acres, or such an additional amount
necessary, where there was contiguous vacant land, in order
that he m igh t^ ave the benefits o f the 320-acre homestead law,
providing lie made the requisite cultivation and complied with
the law as to residence. In other words, that section o f the
law was intended to put the homestead entryman who had
already located on the same basis as those who were thereafter
permitted to locate, providing there was vacant adjoining or
contiguous land w h ich 'th e original entryman could take. It
was never intended that he should reside 1 0 years or any longer
period on the land tlnffc the 320-acre entryman w as required
to do to secure title.
This bill is simply intended to carry out the object o f section
3, and the purpose o f Congress in enacting the enlarged home
stead law and to correct the hardships which the adverse ruling
referred to lias inflicted upon a great many homestead entrymen. In fact, it is quite positively asserted by large numbers
o f the homestead entrymen that they never would have taken
the additional 160 acres if they had had any intimation at that
time that the Interior Department would ever require them to
make a full additional period o f residence upon their claims
after the taking o f such additional en try before they were per
mitted to prove up and obtain title to their additional entries.
This bill does not relieve them from making the necessary
cultivation and improvements, nor from making the full resi
dence, as required o f all homestead entrym en; but it does relieve
them from any additional residence requirements. The measure
is looked upon as eminently fair and just, and., the committee
therefore recommends its adoption.
\
It may be suggested that unless the bill is passed in the very
near future that those entrymen can not get the benefit o f it,
but will be compelled to submit to the inconvenienced and hard
ships o f the unjust additional residence before they can be
permitted to obtain title to their land. The committee there
fore deems it especially appropriate that Congress shotjld act
upon this measure as expeditiously as possible.
\
Mr. M cG UIRE o f Oklahoma. Mr. Speaker, w ill the gentle
man yield?
The SPEAKER. Does the gentleman from Colorado yield?Mr. TAYLOR o f Colorado. Yes.
Mr. M cGUIRE o f Oklahoma. I understand that under onelaw the homesteader holds 160 acres o f land to which he may
obtain title, and under another and subsequent law* a home
steader takes 320 acres o f land to which he may obtain title/
There is that discrimination at present in the law ?
/
Mr. TAYLO R o f Colorado. Yes, sir.
/
Mr. M cGUIRE o f Oklahoma. And it is only sought here to
m odify the law so as to give the form er entryman and theK'subsequent entryman an equal show under the law, or to make the
law apply to each the same? Is that the only difference?
Mr. TAYLOR o f Colorado. That is the only difference; and
it applies only in the sections designated as dry or arjd land by
the Secretary o f the Interior; only in portions o f the country
where dry farming 320-acre homesteads is applicable. That is
all there is to the bill. The Secretary o f the Ipierior states
that in his judgment it is only fair and just h6 the original
entryman, and approves o f the measure.
/
The SPEAKER. Is there objection? [After a pause.] The
Chair hears none. The question is on agreeing to the commit
tee amendment in the nature o f a substitute/
The committee amendment was agreed tot
The SPEAKER. The question is on A ie engrossment and
third reading of the bill as amended.
The bill as amended was ordered to he engrossed and read a
third time, was read the third time, and passed
()n motion of Mr. T aylor o f Colorado, a motion to reconsider
the vote whereby the bill was passed was laid on the table.
r
The SPEAKER. The Clerk w ill/a l l the next one.
EXCHANGE O SCH O LANDS.
F
O L
The next business on the Calendar for Unanimous Consent
was the bill (H. R. 25738) it6 authorize the Secretary o f the
Interior to exchange lands jpdr school sections within an Indian,
military, national forestr^er other reservation, and for other
purposes.
The Clerk read the bill, as fo llo w s:
Pc it enacted, etc., That the Secretary of the Interior be, and he is
hereby, authorized to make exchange of lands with the several States
for those portions of the lands granted In aid of common schools,
whether surveyed or nnsnrveyed, which lie within the exterior limits
of any Indian, military, national forest, or other reservation, the said
exchange to be made in the manner and form and subject to the limi
tations and conditions of sections 2275 and 2276 of the Revised Stat
utes, as amended by act of February 28, 1891 (2G Stat., p. 7 9 6 ), and
J anuary
20
any such exchange, whether heretofore or hereafter approyhd si,
restore full title in the United States to the base land without f o K ? 1
conveyance thereof by the State : Provided, That upon completion ^l
a
the exchange the lands relinquished, reconveyed, or assypied as i
lands shall immediately become a part of the reservatkuywithin w iv ^
they are situate, and in case the same shall bo fojricl within
exterior limits of more than one reservation they shall become a
of that reservation which was first established : ProvJ/Sed further Ti *
•
.........................................................
,
iited S ta te s * *
make withdrawals of public lands in certain casaR ” (3 0 U. S. Stat r 0
pp. 8 4 7 -8 4 8 ). until such lands have been fouler to be nonmineral n
for that reason restored, but nothing herein dfntained shall prevent *
*
limited approval, when the lands are w i t h y only a coal withdrawn?
excluding from the approval coal deposits. *
' ai-
The SPEAKER. Is there objection
Mr. MANN. Reserving the right
object, Mr. Speaker, q0e
the gentleman from California [Ybr R aker] desire to pass (tU
over again or not?
/
Mr. RAKER. I would like thjr House to take up tlie bill anq
act upon It, if possible, I w ill^ a y to the gentleman from ifn
nois, and I trust that he w i l l / o t see his way clear to object.
Mr. MANN. I am afraid jr do.
Mr. RAKER. I w ill stajt? to tlie gentleman that the Senate
bill, o f which this is a counterpart, wrord for word, except the
last paragraph, which provides that the act shall not apply ^
the State o f Idaho, shofild be passed over. There is a Senate
amendment put onto ifiis bill, stating that it shall not apply
to tlie State o f Idahtf at the instance o f the late Senator I l e y .
burn. Otherwise tin? Committee on Public Lands o f the Senate
after fully considering the matter, unanimously passed it, anq
it passed the Smrate. Now, the House Committee on Public
Lands again toolf up Ibis bill and recommended that tlie Senate
bill be called
and for tlie House bill to be laid aside, and
that the Senaire bill be passed.
Mr. MANJJr The Senate bill was on the calendar?
Mr. RAKER. That was before the Senate bill was referred
to tlie coiyahittee. Two weeks ago, when the matter came up,
the Speaker then referred the Senate bill to the Committee on
Public liinds, since which time they have not had a meeting.
But I i\\\ satisfied, if this bill passes, the Senate w ill see fit to
pass i/ie House bill, although it lias already passed the Senate
bill. / O f course, as to the details o f the matter, I am satisfied
tlia / tlie gentleman from Illinois is quite fam iliar with them.
Jar. MANN. More or less.
/M r . RAKER. Well, both more or less. I feel that it is a
ju st bill, one that our people demand, and one that w ill actually
Tiring good results.
\ M r. BU RK E o f South Dakota. Mr. Speaker, w ill the gentlem\ii yield?
The SPEAKER. Does the gentleman from California yield?
M RAKER. Y es; I yield.
\\
M rABURKE o f South Dakota. I would like to ask the gem
tlemail..-wherein and in what respect this bill, if it becomes a
law, will change existing law, so far as concerns the right of
a State \> select lands in lieu o f section 16 and section 3(5
within anHndian reservation?
Mr. IlA K ^It. It will not change it in any way except that
it w ill m akddt clear and it w ill obviate a decision o f the Fed
eral judge fok the southern district o f California relative to
land in p la ce A A s to Indian reservations, it w ill make no
change at all.
Department o f the Interior have been hold
ing that they coiAd make the exchange and that the law was
sufficient. Now, tne district court o f southern California held
that a school sectnm in place, surveyed, could not be ex
changed. That decision stands and lias been acted upon by
our courts in California and many others, and it makes a con
flict, whereas if this bill becomes a law it w ill permit the de
partment immediately t<\tako up the matter and make a full
and thorough investigatioikof these school sections on the lands
in the reserve and approv^ or disapprove them, as the case
may be. In regard to Calif<\nia, the House last year put on an
appropriation bill $28,000 forUlie purpose o f investigating the
lands in that State that werckin these reserves, to determine
whether or not they were minimal or nonmiueral. That work
has been practically all done. l \ i s up now to the department
to go over each case separately—tlmt is, the lists that have been
presented by the State o f CalifornfiU-to determine whether or
not any o f them should be approve® ^ W ith this bill enacted,
the moment they approve them the q u efcon o f title is eliminated
and the parties obtain tbelr title, and fh£ Government o f the
United States w ill then have the land f
its title free from all complications.
Mr. BURKE o f South Dakota. I f we reenact existing law.
for exchanging lands in lieu o f those in Indian reservations, I
do not see that it w ill change the matter, so far as your court
decision is concerned, if the court has held that the exchange
can not be made.
191 D.
C N R SSIO A R C R —SEN
OGE
NL EOD
ATE.
1827
Court o f Claims, it has n o w become tlie settled, custom and prac
Representative Thomas M. Bayne, o f Pennsylvania, sa id :
tice o f the departments to pay these amounts for extra time
The Supreme Court of the United Slates in a case coming before it
without contest. All this is shown in Senate Document No. 9S5. has held that the departments of the Government have the right to em
ploy men for 8 hours and pay them for 8 h ours; and when it em
In this statement it appears that Congress has already paid ploys men for 10 hours it lias the right to pay them au additional sum
claims o f this nature. In the House o f Representatives a for their services. That is common sense, common honesty, fair deal
claim o f this nature was pending some time in 1S99. As I have ing ; anything short of that is not.
already stated, it is not found that many claims o f this nature
Representative W illiam D. Kelley, o f Pennsylvania, said:
have been presented to Congress since the act o f August 1,
Until that statute is repealed every workingman who is forced by
1892, owing to the fact that the requirements o f that law have the Government to work 10 hours for a day’s wages is defrauded of his
been very generally complied with by Government officers, and legal rights.
therefore the instances o f claims prosecuted in Congress are
The executive policy under the act o f 1892 has been to pay
few. Most o f them are present hero, but at least one claim these claims in the current administration o f the departments,
has been settled by an act of Congress.
without forcing the claimants to go to Congress or to the courts.
Joint resolution JOT was presented at the third session of
In the Navy Department the regulations passed in 1893
the Fifty-fifth Congress. When this measure was called up in p rovid e:
the House o f Representatives on February 11, 1899, the follow
The following rules shall he observed in estimating the pav of labor
ers, workmen, and mechanics for work performed in excess of eight
ing debate ensued:
M r. D o c k e r y . I thought there w as an eight-hour la w upon the statute
hooks preventing the working of laborers, mechanics, and artisans over
eight hours. I shall not object to this hill, because laborers should be
paid for any excess of time over eight hours.
Mr. H o p k i n s . Well. Mr. Speaker,"how are w e to construe the remarks
of the gentleman from Missouri? Is he in favor or against the joint
resolution ?
M r. D o c k e e y . “ T he gentleman from M issouri” stated very clearly
that he was in favor of paying any laborer for any excess of time he
may have worked over eight hours. As I understand the joint resolu
tion. it proposes to accomplish that result.
My query, however, was
how they could h a ve been worked over eight hours under existing law.
Mr. H o p k in s . This bill proposes to pay them for the excess of time
and 50 per cent in addition to that allowed by law. * * *
That was a very apt inquiry on the part o f Mr. Dockery, for,
as I have already shown, the law explicitly makes it unlawful
for any official to exact more than eight hours’ work from any
laborer.
This measure thereupon passed the House and later passed
the Senate without debate, becoming a law on February 25, 1899.
(JO Stat. L., 1389.)
When these claims, aggregating nearly $92,000, were turned
over to the Court o f Claims to ascertain the facts the contem
poraneous debate shows clearly that it was the intention of
Congress to see to it that this law was enforced, and that wher
ever it was not enforced the equitable claim o f the laborer for
the extra time should be paid. W e find Senator Cullom , in
discussing the very resolution under which these claims were
considered by the Court o f Claims, on September 27, 1S90,
speaking as follow s:
A ll that I have to say is that it does seem to me that this law. which
has been so long upon the statute books, ought to be enforced, and if it is
not enforced, certainly the men who arc called upon to work more hours
than a legal day's work ought to have some way for securing the pay
for their extra labor.
Senator Dawes, o f Massachusetts, in the same debate, said:
* * * these laborers and mechanics, with as just a claim upon the
Government as the bonds of the United States * * *.
Senator Stewart, o f Nevada, sa id :
I agree with the Senator from Massachusetts that we ought to turn
these accounts over to the accounting officers and settle them speedily
and without delay. It is one of those obligations that the Government
should execute at once, without question.
Senator Spooner, o f Wisconsin, in the same debate, said:
It is my conviction. Mr. President, that in every case where one
these men was compelled by the officers of the Government as a com
tion of having employment and of being able to support his fa m ily 'to
work one hour or one-half hour over the eight-hour day which Coiyfress
had declared for. and which President Grant had sought to enfo: *
ought to be paid for that overtime.
J
. Not to do so seems to me to put the Government of the U n ite / States
in an attitude of allowing its executive officers to violate in csspnce and
in spirit the law which Congress had enacted upon the groundiof public
policy and which public sentiment has approved, and attempting to
mob from these men hours of unrequited toil.
J
I am perfectly willing to take the responsibility of adjudicating the
question of liability, sending these men to the Court of C laiijs for that
tribunal only to ascertain and declare liow many hours iije a c li case
these men worked beyond t.lie lawful day. I shall vote with A e a t pleas
ure for the substitute which I understand the Senator from Jew Hamp
shire will offer to this hill, which is the same hill as it passe# this body
jit a previous session. In doing so, I only vote for tlie paym elt of debts
honestly due and too long left unpaid.
Representative C’arutli, o f Kentucky, said:
Here is a proposition embodied in this bill to allow these »ien who
have performed labor for the Government beyond what wo aid have
been their day's labor under tlie law to receive ju st compensation for
their extra work.
* *
* I sav that if there is to lie any Sanctity
in the statutes of the United States, if the laws we put ui%n the
statute books are to amount to anything, then these men arc eK itled
to the relief they seek.
Representative Gest, o f New Jersey, said, referring to a ijbohition passed by the House o f Representatives May 9, is le ,
after the decision in the Martin case:
hours per day.
Then they go on to say what the extra compensation shall he.
All these matters are adjusted in the ordinary course o f ad
ministration.
So far as I am concerned, Mr. President, I originally repre
sented simply the claim o f John Glanzmann, a laborer and cus
todian in the United States customhouse and post-office building
at Carson City, Nev., whose salary as such laborer was fixed
at $720 a year, the compensation given for sim ilar work to all
men employed by the National Government under the eight-lion:•
law. Yet he was compelled for a long period o f time, as a
matter o f economy to the Government, to work 12 hours a day.
His claim does not amount to a large sum. But I found upon
pressing it that there were other claims in the same category
that ought to be adjusted. So I presented an amendment cover
ing all o f these claims and aggregating $92,000.
I do hope the chairman o f the committee w ill not further
contest these claim s— certainly not upon the intangible ground
upon which he stood at the Iasi hearing o f this matter.
The PRE SID EN T pro tempore. Does the Senator from Ne
vada move to reconsider the vote whereby the bill was passed?
That question lias not been stated.
Mr. NEWLANDS. I had an impression that it was done this
morning.
The PRE SID EN T pro tempore. It has not been done.
Mr. NEWLANDS. Then I w ill ask that the question be put.
The PRESID EN T pro tempore. The Senator from Nevada
moves to reconsider tlie votes by which tlie so-called omnibus
claims bill was ordered to a third reading, read the third time,
and passed.
Tli motion to reconsider was agreed to.
The PRESID EN T pro tempore.
The bill is before the
Senate.
Mr. CRAW FORD.
Tlie Senator from Nevada offers his
amendment at this stage?
/ Mr. NEWLANDS. 1 do.
The PRE SID EN T pro tempore. The Senator from Nevada
offers an amendment, which will be read by the Secretary.
The S e c r e t a r y . It is proposed to add to tlie bill the fol'dow ing:
CLAIMS OF LABORERS AND MECHANICS IN PUBLIC BUILDINGS FOR EXTR V
TIME.
A labam a: Joseph A. Decatur. Mobile, $2,04-1.50.
Ark ansas: Peter Jarrett, Texarkana, $ 1 ,4 0 2 .3 5 ; Terry McCarthy,
Texarkana, $65.97.
C alifornia: John D. Cash, Stockton, $ 9 1 .3 1 ; Joseph A. Workings,
Stockton, $105.
ton. $391.10.
Crockett Jacksonville, $ 2 3 0 .0 0 ; Nelson F. English.
SUM 5 0 ' John W . Graham, Jacksonville, $ 1 6 8 .8 5 ; Catherine
S -i
Kev
%
West, $ 2 ,3 0 0 .5 0 ; Dennie K e llj. Key W est, $ y i8 .
$391
79 : John O’Neill, Peoria, $ 1 , 1 81 .2 d ; Emmett W . Smith, Aurora,
t e^e?X
<
Si l as
James M- Ta>lw ’
S.
Myers,
Joliet,
• Timothy C. Harrington, Lafayette, $084.00.
T w -?- Tolm Brown, Des Moines, $ 1 ,4 2 7 .2 8 ; Joseph O. Dronnan. Des
a
Me ines ' S3 382 25
John Jordan,. Dos Moines, $159.37 ; Edward 15.
Afnrnhv Des Moines, $187.87 i W illiam Halloran. Des Moines, $1,218.
M
W illiam M. Terrill, Topeka, $009.16.
Maine ^ ' David 15. Hannegan, Portland. $ 1 ,4 0 5 : James E. Rogers.
Cl 1 0 5 .8 3 ; Llewellyn K . Webber. Bangor, $1,802.91.
' M?dSgan1?e| ^ r r ^ iB .°^rak c,Cl'j1acks’on? $2,294.40
W illis E. S tim s A .
Nebraska":^Wilson B y e i d ^ N ^ ^ ^
Jacob Renner. L l n /l n ,
,
/
. It indicates the sense of tlie House of Representatives on this sub* $■’ 514 ; John J. Rodgers, Blair, $99— < 9 .k Nevada : John Glanzmann, Carson City,
t
j e c t ; that these men should he paid for the time that they had worked
^ N e w Hampshire: Henry C. Mace, Concord, $401.4o.
above and beyond eight hours a day.
1828
C N R SSIO A R C R —SEN
OGE
NL EOD
ATE.
voty Tersev: Silas A. Bryant, Newark. sr.90.0G; George Jacobus,
Newark $1 ..'>!>(>.75 : William G. Tell, Newark. $ 1 ,4 1 8 ; Fergus McCarthy,
Newark. $498.7.'.; Conrad Wagner, Newark, $ 2 9 5 .3 1 ; Andrew J. Meade,
il<New York : Daniel B. Culhane, Rochester, $ 2 ,0 7 8 .7 5 : Joseph C. I.eddy,
TTtica $191.25 ; .Ezra T. Marne.v. Ogdeushurg, $ 1 .9 5 6 .6 8 ; George Miller,
Etica! $ 7 0 7 .9 0 ; Stephen A. Smith, Etica, $ 2 5 9 .5 0 ; Abraham Epstein,
Ogdonsbitrg, $ 1 ,2 4 2 .5 0 ; Robert Tobin. Trov, $2,131.50.
O hio: John Brodie. Columbus, $ 0 5 9 .2 0 ; Leslie E. Drake, Toledo,
lgnac Uosinski, Cleveland, $ 8 0 7 .1 8 ; David Scurry, Columbus, $ 5 3 3 .4 0 ;
Fred Sinclair. Columbus, $3,80.25; Joseph Slcdz, Cleveland, $ 7 2 0 .0 9 ;
Alonzo Thirlkill, Dayton, $775.31.
Pennsylvania: James Dowling, Altoona, $ 3 8 2 .5 9 ; Adam rioko, Har
risburg. $ 1 ,1 5 1 .0 2 ; William T. Jordan, York, $ 5 8 3 .5 0 ; William 11.
W itta, York. $2,145.
South Carolina: James Butler, Columbia, $ 1 ,0 4 1 .9 6 ; John Pinckney,
Columbia. $ 8 7 1 .9 2 ; Louis Pryor, Columbia, $4,310.00.
T e xas: Prank Broddekor. Galveston. $ 1 ,0 5 6 .0 2 ; Sandy Hester, Gal
veston $2 273 3 3 : George King. Austin. $ 3 5 1 .1 8 ; Thomas Thompson,
Waco, $1,169.53 ; Ambrose B. Williams, Beaumont, $ 7 3 6 .5 0 ; Sidney B.
Williams, Beaumont, $503.70.
Virginia: Charles B. Carter, Richmond, $ 2 1 9 .8 0 ; William H. Parker,
Norfolk, $ 1 ,1 4 7 .8 7 ; William G. Singleton, Richmond, $ 2 ,0 5 0 .5 6 ; Alfred
Strange, Lynchburg. $047.29.
Wisconsin : Olaf Swanson, Ashland, $2,001.99.
The PRESIDEN T pro tempore. The question is on agreeing
to the amendment submitted by the Senator from Nevada [Mr.
N e w l a n d s ].
Air. CRAW FORD. Air. President, the rules under which 1 lie
Committee on Claims proceeded in making up the omnibus
claims bill confined the items which were to go into the bill
to those which had been referred to the Court o f Claims and in
regard to which the Court o f Claims had made specific find
ings in favor o f the claims. These are not 1lie claims o f labor
ers engaged on public works, serving contractors or subcon
tractors, and they do not come within the provisions o f tli
eight-hour-day law.
Air. NEWLANDS. May I ask the Senator a question?
The PRESID EN T pro tempore. Does the Senator /T o m
South Dakota yield to the Senator from Nevada?
Air. CRAW FORD. I do
Air. NEWLANDS. I do not understand that statement on
the part o f the Senator.
Mr. CRAW FORD. The statute, known as the eigljt-kourday law, found in volume 2 o f the Supplement to the Revised
Statutes o f (lie United States, at page 02, fixing the limit of
service per day at eight hours, applies to laborers ai%l me
dian ics—
who are now, or may hereafter be. employed by the Government of
the United States, by the District of Columbia, or by any con
or subcontractor upon any of the public works of the United
or of the said District of Columbia.
January 2 j
ment, here in the Senate, to depart from the rules adopted j
making up the bill and open the door to a large class of claim *1
with this finding from the Court o f Claims standing here as q
does to prohibit their going into the bill unless we violate th!
rules which we followed in framing it.
It is upon that ground, so as to be consistent and fair a.
just to other claimants whose claims, because they did not f m
within the rules that governed us here, shall not be discrip!
inated against, that we can not consent to this amendmentand must insist, in fairness to others, that it be rejected.
For instance, the Senator from Oregon [Air. C h a m b e r l a i n ]
who is most earnestly interested in a claim, came to me oni
the other day about the claim. Knowing the Senator’s earnest
ness in its behalf, and the courtesy which he always extends t
others, I would have been glad to have given it consideration0
But it was not suggested nor presented when we were niakin *
up the bill, nor even considered. It would be unfair to ti/!
claim o f tlie Senator from Oregon now to reconsider the bin
simply for tlie purpose o f allowing tlie claims which the s eila
tar from Nevada has presented and not to include his. If \y(1
included his, some one else might bring forw ard for the
time some claim that had possible merit in it, which never had
been considered by the committee, and which did not coup,
within the rules under which the committee was acting, a]1(j
there would be a contention that that ought to be included. Xo
there would be no line circumscribing the items going into the
bill.
Those considerations, together with this finding from the
Court o f Claims, impel me to resist the amendment offered
at this time by the Senator from Nevada.
Air. NEWLANDS. Air. President, I suggest the absence of n
quorum.
The PRESID EN T pro tempore. The Senator from Nevada
suggests tlie absence o f a quorum. The Secretary will c a \ the
roll.
\
The Secretary called the roll, and the follow ing Senators
swered to tlieir names:
As hurst
Bankhead
Bourne
Bradley
Brandegee
Bristow
Bryan
Burnham
Burton
Catron
Chamberlain
Chilton
Clark, YVyo.
Clarke, Ark.
Crawford
Cullom
I lillingham
Fletcher
F ester
Ballinger
Gamble
Gardner
Guggenheim
Heiskell
Hitchcock
Johnson, Ale.
Johnston, Ala.
Johnston, Tex.
Kern
La Follette
Lodge
McCumber
.Marlin, Va.
Martine, N. J.
Myers
Newlands
O’Gorman
Oliver
Overman
Paynter
Penrose
Percy
Perkins
Perky
Pomereno
Air. NEWLANDS. Does tlie Senator insist that it appli
only to laborers who are engaged upon public works?
Mr. KERN. I desire to announce again the unavoidable abAir. CRAWFORD. I f the Senator will permit me to finish
ice o f the Senator from South Carolina [Air. S m i t h ] 0n
^ 1 " illness in bis family.
my statement he will see .just exactly what I mean.
The class o f employees included in the proposed amendment
The'Hiy^ESIDENT pro tempore. On tlie call o f tlie roll 5 7
is not a class o f laborers employed by contractors and subcon Sena to rsu fm * - -answered to tlieir names. A quorum o f the
tractors in the construction o f public works or upon public Senate is present. The question is 011 the amendment sub
works. These men are engineers, custodians, and janitors em mitted by the Senator from Nevada [Mr. Newlands],
ployed in the public buildings o f the United States— in postMr. NEWLANDS. Mr. President, I will simply state to the
Senate that we are about to take a vote upon these claims for
office buildings and buildings o f that sort.
The Court of Claims, in making its report upon each one o f extra pay for mechanics and laborers employed on public
these claims, made this specific finding, which excluded them buildings under a law which required only eight hours’ work
from consideration in making up the bill under the rule adopted and which made it absolutely unlawful for the officials o f tlie
by the Committee on Claims in framing the omnibus claims Government to employ any man in excess o f eight hours. We
bill. On each one there is the following finding.' The court have here the findings o f the Court o f Claims that these 87
finds that—
men, living in 25 States o f the Union, as stated in this docu
_ In fixing the compensation and the number of assistant custo ment, worked overtime, and their extra compensation would
dians. engineers, janitors, firemen, watchmen, and laborers necessary amount to about $92,000.
A similar claim was passed some
for the care and maintenance of public buildings belonging to the
United States, the Government officials charged with that duty took years ago by Congress. No sucli claim, to my knowledge, lias
into consideration the locality in which they lived and the cost of been denied.
living, the size of the building, the character and size of the plant the
All that tlie chairman o f the committee can say is that the
engineer would have to take charge of. and the mechanical equipment
of the building, and fixed the yearly salary for such employees at what finding o f tlie Court o f Claims determines that the officials of
Hie work was worth without regard to the number of hours they might the Treasury Department in fixing the salaries did not take
he required to labor.
into consideration the number o f hours. That is true; because
Tliat is the clear, specific finding o f ilie Court o f Claims in they assumed, and they had the right to assume, that tlie
each case.
number o f hours would be the legal number o f hours—eight
I am not going to discuss witli tlie Senator from Nevada the hours a day— and that no official o f the Government would com
question whether or not that finding is a just one, or as to mit a misdemeanor by requiring of an employee time in excess
whether this group o f claims, presented in another way and o f eight hours. So, o f course, tlie compensation was fixed with
for consideration at another time, might not have some merit. out regard to the number o f hours upon tlie assumption that tlie
I do not care to express an, opinion upon that subject now. I number o f hours during which these men would be employed
am not out o f sympathy with this class o f men, nor with the would comply with the legal requirements.
claim for an eight-hour-day law. But after the committee has
Mr. President, we have been legislating for years upon tlie
worked for months along certain specific lines and within certain labor question. Congress has determined that the Government
specific rules in determining what items should be placed in the o f the United States shall be a model employer. It passed an
bill and reported favorably it would not be fair to others who eight-hour law with reference to mechanics and laborers en
may have just claims against the Government, at the last mo gaged in the public service and prescribed that the limit of
C N R SSIO A R C R —SENATE.
OGE
NL EOD
191°
Mr. CRAW FORD. That is true.
Mr. HITCHCOCK. Second, that the rate o f pay was so
much; and, third, that at that rate o f pay they would be en
titled to so much money if the eight-hour law was to be
respected ?
Mr. CRAW FORD. That is all true.
Mr. HITCHCOCK. Now, if those findings o f fact are clear,
does not the chairman o f the committee think these claims
presented by laborers should have been entitled to come within
the boundary which he laid out for the bill?
ME CRAW FORD. Well, it is too late to go back and go all
over that ground again. I do not think so, for this reason:
Suppose the compensation was $1 0 ,0 0 0 a year. Let us make an
extravagant assumption. I f that salary o f $10,000 a year had been
prorated per hour, they worked so many hours, and they would
be entitled, if the time was limited to eight hours a day, to
so much more than they received. You can not cut that loose from
the conclusion o f the Court o f Claims, where the Court o f
Claims says that in fixing that yearly salary they fixed it at
what this labor was worth, and if they fixed it at $1 ,G 0 a year,
0
they fixed it because in the opinion o f the Treasury officials
the services o f that janitor were worth $1,600. Although he
might w ork 8 hours one day and 9 hours the next day, and
under some emergency 1 0 hours the next day, when they
gave $1,600 for the year they gave him what that service was
worth. There is that finding to which we considered we should
give some weight.
Mr. HITCHCOCK. I should like to continue my question.
I f the Court o f Claims made these findings o f fact, I ask the
chairman o f the committee was there anything else for the
committee to do, or is there anything else for Congress to do,
but to say whether the eight-hour law shall be applied to those
facts? I f that be true, why should that not b e g o n e now,
rather than keep these laboring men waiting 15. or 2 0 years
to secure the payment o f their claims?
jC
Mr. CRAW FORD. I think there was something else to do.
Mr. HITCHCOCK. Nothing but the application o f the law.
Mr. CRAW FORD. There was the d u ty 'o f giving considera
tion to its conclusion that in fixing th e^ early salary they fixed
it at what the service was w orth; add if these men have re
ceived what that service is worth, i f that finding by the Court
° f Claims is true in fact, then wjiorein does the Government do
those men any injustice?
f
Mr. NEWLANDS. Did thCy not fix this compensation at
what it was worth at eighh'mours a day?
Mr. CRAW FORD. Thdy do not say anything o f the sort,
but they do say that iney fixed it for what the service was
Worth, without regarddo the number o f hours.
Mr. H ITC H C O C K / W ill the chairman contend-----The PRESID EN T pro tempore. Does the Senator from
South Dakota vidM to the Senator from Nebraska?
Mr. CRAW FORD. Yes.
The PRESIDEN T pro tempore. Senators w ill kindly ad
dress the Cha^r and get permission to interrupt.
Mr. HITCHCOCK. Mr. President-----The PRE SID EN T pro tempore. The Senator from Nebraska.
Mr. HITCHCOCK. W ill the chairman o f the committee con
tend tlia / these administrative officers o f the department had
any right to fix the amount which should be paid to these men
for a year’s work, without regard to the hours o f daily labor,
after Congress had prescribed the hours that they should work
A*ay?
CRAW FORD. The Senator there opens up another
qu/stion, which shows-----HITCHCOCK. Is not that the only question in the
ise?
, Mr. CRAW FORD. Oh. n o; the Senator opens up another
question, which shows how unfair it is to the committee at this
late day to bring in this amendment, when the rules followed by
the committee do not permit it, because the language o f the
eight-hour statute applies to men engaged upon public w orks;
and a post-office building in which a man is acting as a janitor
or custodian is certainly a different class o f work, and, in con
templation o f the language used, there is a question o f whether
that statute applies to the janitor or to the engineer or the cus
todian in such a building.
Mr. HITCHCOCK. Let me ask the Senator this question— —
Mr. CRAW FORD. What about the custodian o f a public
building?
Mr. HITCHCOCK. Let me ask (lie chairman this question
right there. Is it not a fact that universally the eight-hour
law applies not only to public works but to all work done b^ a
contractor for th e’ Government and to these very custodians
and watchmen?
Mr. CRAW FO RD . I think that is true.
X I. IX ------ 116
1831
Mr. HITCHCOCK. Well, if that is the fact and that was
the intention o f Congress, why are the claims o f these men
not upon a ju st basis?
Mr. CRAW FORD. I have tried to explain.
Mr. HITCHCOCK. The chairman complains that this, is
called to the attention o f the committee at this late hour. I
want to call his attention to the fact that the hour is still later
for these men who have been waiting a good many years to as
certain whether Congress meant what the law said it should
mean.
Mr. CRAW FORD. I understand the situation very w e ll; but
I say to the Senator, if this finding is true and correct, that
their compensation was fixed at what the service was worth.
It was not fixed by the hour; it was not fixed by the m onth; but
it was fixed by the year.
Mr. HITCHCOCK. But I will say to the Senator again____
Mr. CRAW FORD. And it was fixed at what the service was
worth. Then, if that contention is correct as to every farmer
in the United States who has employed a plowboy or has em
ployed a man to work by the year, at $400 or $600 a year, it
would be equally just to go back and review that contract and
to say that, in the contemplation o f law, it w as only intended
that that plowboy or that man working in the field should be
engaged for eight hours a day, and ask the farm er to go back
and compute the number of hours the boy milking the cows late
at night and getting up at 4 o’clock in the morning, going into
the field and working 14 and even 15 hours a day, as I know
many and many o f them do—you would have in principle just
as much right to go back and make that farmer review the
service o f that employee, to clip off the service at the end o f
eight hours, and apportion that $400 a year to it, and then give
the employee a judgment for the difference.
There are tw o sides to this question. The Senator drives
me to it, and I do it with the utmost liberality, kindness, and
fairness toward these janitors and these engineers, but I say
the committee was justified, and it was consistent, after estab
lishing these rules, in adhering to them and keeping this
group o f claims upon which this finding was made for con
sideration strictly upon their merits instead o f putting them
into this bill, and that is as fa r as we go in the matter.
Mr. HITCHCOCK. Mr. President, I am amazed that the
Senator from South Dakota should attempt to compare or to
give as a parallel case the farmer employing a man by the
year or the month without any limitation by law as to the
number o f hours that he can contract with his man to w ork------Mr. CRAW FORD. I am discussing-----Mr. HITCHCOCK. Let me finish.
Mr. CRAW FORD. Very well.
Mr. HITCHCOCK. And the case o f a Government employee,
who is supposed to be acting under the direction o f Congress,
after Congress has directed that the men employed shall work
only eight hours, and when, as a matter o f fact, the employee
o f the Government has no power to make a contract, but iias
a right to depend upon the acts o f Congress made for his
protection.
Mr. CRAW FORD. W ill the Senator permit me to say he is
now discussing a law that was passed after this service was
rendered?
Mr. HITCHCOCK. I am not discussing a law that was
passed afterwards. I am discussing a law that was passed
previously. It has been necessary, however, since 1892 to
pass a number o f supplemental acts in order to enforce and
emphasize the w ill o f Congress and to compel these adminis
trative officials to obey it. That is the only reason subsequent
laws were passed.
Mr. CRAW FORD. The Senator can not make any issue
with me as to the justice and soundness o f the eight-liour-day
law, but I reiterate that in principle, in morals, and from the
standpoint o f the personal right o f the individual, the janitor
in a public building is not any better than the plow boy; the
engineer in the basement o f a Government post-office building
is not any better than the boy who gets up at 4 o’clock in the
morning on the farm and works until 1 0 o'clock at night— not
a bit. I am speaking as a matter o f principle and o f moral
right.
Mr. CLARKE o f Arkansas. May I ask the Senator from
South Dakota a question?
The PRESID EN T pro tempore.
Does the Senator from
South Dakota yield to the Senator from Arkansas?
Mr. CRAW FORD. Certainly.
Mr. CLARKE o f Arkansas. D oes it appear that these claims
have been assigned or is there an affirmative showing that
they are still in the ownership o f the persons who rendered
this so-called service?
H
(II
C N R SSIO A R C R —SENATE.
OGE
NL EOD
1832
Mr. CRAW FORD. W e know nothing about that, if the Sena
tor please.
Mr. CLARKE o f Arkansas. Does the Senator know what
part o f this money would go to the claim agents, who probably
worked up these claims, in the event this item should be
included ?
Mr. CRAW FORD. I w ill say that a number o f these claims
have been worked up by attorneys. I am going to discuss one
in a few moments, if we ever get through with this matter,
the case o f the Cramp Shipbuilding Co., and I should like to get
through Avith this so as take that up. I have a feAv things to
say to the Senate about it.
Mr. CLARKE o f Arkansas. I f the Senator is not prepared
to answer at this time the question I submitted to him, I w ill
ask permission to ask him again at a little later stage o f the
distmssion.
' rpke PRESIDENT pro tempore. The question is on agreeing
to the amendment proposed by the Senator from Nevada [Mr.
N e w l a n d s].
1
Foster
Gallinger
Gardner
Guggenheim
Jackson
Johnston, Tex.
Jones
Kenyon
Kern
Lea
Lodge
McLean
Massey
O’Gorman
Overman
Owen
J anu ak s ; 2 j
Paynter
Penrose
Percy
Perkins
Reed
Richardson
Simmons
Smith, Ga.
Smith, Mich
Smith, S. C.
Stephenson
Stone
Thomas
Warren
Watson
Williams
The PRESID EN T pro tempore. Less than a quorum
voted.
Mr. CRAW FORD. I ask for a call o f the absentees.
The PRESID EN T pro tempore. The roll w ill be called
ffiider
the rule.
SAvered to their
Bankhead
Bourne
Brandegee
Bristow
Brown
Burnham
Burton
Chamberlain
Chilton
Clarke, Ark.
Crawford
Cullom
Cummins
names:
Dillingham
du Pont
Foster
Gallinger
Gardner
Gore
Gronna
Heiskell
Hitchcock
Johnson, Me.
Johnston, Ala.
Johnston, Tex.
La Follette
Ashurst
Bankhead
Brown
Burton
Chamberlain
Lippitt
Lodge
McCumber
Martin, Va.
Martine, N. J.
My ers
Nelson
Newlands
Oliver
Page
Paynter
Perkins
Perky
Poindexter
Pomerene
Sanders
Simmons
Smith, Md.
Smoot
Sutherland
Swanson
Thomas
Thornton
Townsend
Wotmore
AVorks
Gallinger
Hitchcock
Johnson, Me.
La Follette
Lodge
Y E A S — 20.
Martine, N. J.
Myers
Newlands
Percy
Perky
Pomerene
Shively
Smith, Ariz.
Smith. Md.
Works
Burnham
Clarke, Ark.
Crawford
N AYS— 29.
Cullom
Cummins
Curtis
Mr. HITCHCOCK. I ask for the yeas and nays.
The yeas and nays Avere ordered, and the Secretary proceed©
to call the roll.
Mr. GARDNER (when his name Avas called). I am paired for
the day Avith the Senator from Massachusetts LAir. Crane] and
The PRESID EN T pro tempore. Fifty-two Senators have am
therefore Avithhold my vote.
SAvered to their names. A quorum of the Senate is present,
Mr. TOWNSEND (when the name o f Mr. Jones Avas called).
question is on the amendment submitted by the Senator froln
The senior Senator from Washington [Mr. Jones] is unavoid
Nevada [Mr. N eaalands], upon Avhieli the Secretary Avill <»iii
ably detained from the Senate on official business.
the roll.
1
Mr. K ERN (when his name was called). I have a general
The Secretary proceeded to call the roll.
pair Avith the Senator from Kentucky [Mr. B radley]. Not I
uioavMr. DU PONT ( Avhen his name Avas called). I have a general
ing how lie Avould vote if lie Avere present, I Avithhold my vote.
pair Avith the senior Senator from Texas [Mr. C ulberson],
Mr. L1PPITT (when his name w as called). I transfer my
his absence from the Chamber I Avithhold my vote.
pair Avith the senior Senator from Tennessee [Mr. L e a ] to the
Mr. FOSTER (when his name was called). I have a general
.-junior Senator from Maryland [Mr. J a c k s o n ] and Avill AOte.
pair w ith the junior Senator from Wyoming [Mr. Clark ], who
I vote “ nay.”
is absent. I therefore Avithhold my vote.
Mr. LODGE (when Ms name Avas called). I have a general
The PRESIDEN T pro tempore (Avhen Mr. Gallinger’, name
s
pair with the junior Senator from Georgia [Mr. S m it h ]. I do
avus called).
The occupant of the chair is paired with the
not kuoAV hoAV that Senator would vote if present, and I there
junior Senator from New York [Mr. O’Gorman J ; but he trans
fore withhold my vote.
fers that paii* to the junior Senator from Nevada [Mr. M a s s e y ]
Mr. P A IN T E R (Avlien his name was called). I have a gen
and w ill vote “ yea.”
’
eral pair Avith the senior Senator from Colorado [Mr. Guggen
Mr. GARDNER (when his name Avas called). I again an
h eim ] and therefore Avithhold my vote.
nounce my pair Avith the Senator from Massachusetts [Mr.
Mr. PERKIN S ( when his name Avas called). I have a general Crane]...
pair Avith the junior Senator from North Carolina [Mr. Over
Mr. KERN (when his name Avas called). I again announce
m an ],
Not knowing Iioav he Avould A*ote on this question if
my general pair with the Senator from Kentucky [Mr. Brad,
present, I Avithhold my vote.
ley ].
Not knowing how he would vote if he Avere present, I
Mr. SIMMONS (Avhen his name was called). I haAe a gen
Avithhold my vote.
eral pair Avith the junior Senator from Minnesota [Mr. Clapp],
Mr. TOWNSEND (when Mr. Jones’s name was called), j
I do not knoAV Iioav he would vote if present, and I therefore
again desire to announce the necessary absence on business of
Avithhold my vote.
the Senate o f the Senator from Washington [Mr. Jones].
Mr. STONE (Avhen his name Avas called). I have a general
Mr. L IP P IT T (AA*hen his name AA*as called). I again au.
pair Avith the Senator from Wyoming [Mr. Clark ). I do not
noimce the transfer o f my pair with the senior Senator from
know hO V he would vote if present, and so I Avithhold my vote.
A
Tennessee [Mr. L ea] to the junior Senator from Maryland [Mr
The roll call Avas concluded.
Jackson] and w ill vote. I vote “ nay.”
Mr. CURTIS. I desire to announce that I have a pair with
Mr. LODGE (when his name was called). I have a general
the Senator from Oklahoma [Mr. O wen ], and I therefore Avith
pair with the junior Senator from Georgia [Mr. Sm ith ], j
hold my vote.
transfer that pair to the senior Senator from New Mexico {Mr
Mr. DU PONT. I have a general pair Avith th e senior Sena
Catron] and w ill vote. I vote “ yea.”
tor from Texas [Mr. Culberson]. A s he is not in the Chamber
Mr. M YERS (when his name was called). I have a general
I withhold my A'ote.
pair A’ith the Senator from Connecticut [Mr. McL ean], j
A
Mr. MYERS. I have a general pair with the Senator from
transfer that pair to the junior Senator from Florida [Mr.
Connecticut [Mr. McLean ]. I transfer that pair to the junior
Bryan ] and w ill vote. I vote “ yea.”
Senator from Florida [Mr. B ryan ] and w ill vote. I vote
Mr. PAYNTER (Avhen his name Avas called). I again an
“ 3'ea.”
nounce my pair A’ ith the senior Senator from Colorado [Mr.
A
The PRESID EN T pro tempore (when Mr. Gallinc.er's name Guggenheim], In his absence I Avithhold my vote.
Avas called). The occupant o f the chair is paired with the
Mr. PERKIN S (Avhen his name Avas called). I again an
junior Senator from New York [Mr. O’Gorman] and therefore
n o unce my ge n e ral pair with the junior Senator from North
withholds his A'ote.
Carolina [Mi*. Overman].
The result was announced— yeas 19, nays 28, as folloAVs:
’The roll call was concluded.
Y E A S— 19.
Mr. DILLINGHAM . I have a general pair Avith the Senator
Fletcher
Marline, N. J.
Shively
Ashurst
from South Carolina [Mr. T illman ] ; but I am advised that on
Myers
Gore
Bankhead
Smith,- Ariz.
the previous roll call he voted as I did, and, therefore, I feel at
Hitchcock
Newlands
Smith, Md.
Burton
liberty to vote, and w ill allow my vote in the negative to stand.
Johnson, Me.
Perky
AVorks
Gharnberlain
La Follette
Pomerene
Chilton
Mr. SIMMONS. I desire again to announce my pair A’ith
A
the Senator from Minnesota [Mr. Clapp].
N AYS— 28.
The result Avas announced— yeas 20, nays 29, as fo llo w s:
Martin, Va.
Dillingham
Gamble
Gronna
Heiskell
Johnston, Ala.
Lippitt
McCumber
Nelson
Oliver
Page
Poindexter
Root
Sanders
21
C N R SSIO A R C R —SEN
OGE
NL EOD
ATE.
f 1913.
Ileiskell
Johnston, Ala.
Johnston, Tex.
Lippitt
McCumber
H
*
Martin, Va.
Nelson
Oliver
Page
Poindexter
Bacon
Borah
Bradley
Briggs“
Bryan
Catron
Chilton
Clapp
Clark, W yo.
Crane
Culberson
Dillingham
NOT VOTING— 4G.
McLean
Dixon
Massey
du Pont
O’Gorman
Fall
Overman
Fletcher
Owen
Foster
Paynter
Gardner
Penrose
Guggenheim
Perkins
Jackson
Reed
Jones
Richardson
Kenyon
Root
Kern
Simmons
Lea
Sanders
Smoot
Sutherland
Swanson
Thornton
Townsend
Wctmore
Smith, Ga.
Smith, Mich.
Smith, S. C.
Stephenson
Stone
Thomas
Tillman
Warren
Watson
Williams
°<i Air. aewland ’s amendment was rejecieu.
The bill w as ordered to a third reading, read the third time,
and passed.
Mr. CRAW FO RD . Mr. President, the omnibus claims bill,
.lust passed, has been amended so radically that there is not the
slightest doubt that the House w ill reject the amendments and
ask for a conference. To save time— and I understand it is not
without precedent— I move that the Senate request a conference
with the House o f Representatives upon its amendments, the
conferees on the part o f the Senate to be appointed by the
Chair.
The motion was agreed to ; and the President pro tempore
appointed Mr. Crawford, Mr. T ownsend, and Mr. B ryan the
conferees on the part o f the Senate.
CONSTRUCTORS OF THE BATTLESHIP “ INDIANA.”
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1833
,
Mr. CRAW FORD. Mr. President, I move that the Senate
Proceed to the consideration o f the bill (S. 4840) to carry into
effect the judgment o f the Court o f Claims in favor o f the con
tractors for building the U. S. battleship In d ia n a , w ith a view
its indefinite postponement. It is accompanied by an adverse
report from the Committee on Claims.
The motion w as agreed to.
. The PRE SID EN T pro tempore. The question is upon the
hi definite postponement o f the bill.
, Mr. CRAW FORD. Mr. President, on that question I desire to
he heard.
Mr. SMOOT. Mr. President-----Mr. CRAW FO RD . Does the Senator from Utah desire to
submit a statement?
Mr. SMOOT. Y es; I desire to submit a statement.
Mr. CRAW FORD. I yield to the Senator for that purpose.
Mr. SMOOT. Mr. President, In 1908 a bill identical with this
Passed the Senate, upon a favorable report from the Committee
on Claims. A t that time it was referred to me as a subcornniiltec, and I made a favorable report. When the report was
hiade at this session o f Congress I was not at the meeting
that authorized the report, and I claim no courtesy because o f
that fact. I received a letter from a party in New York ask
ing me if I had changed my views upon this particular bill,
And among other things asking me i f not to let him know.
Me inclosed a copy o f the report that I'm a d e on February 17,
1908.
I wish to say to the Senate that at that time I went into the
claim very thoroughly, as I thought. I had the contract before
nie. i secured all the information that I could from the Court
° f Claims. I submitted a favorable report on the bill. The bill
under consideration is a claim by the builders o f the battleship
In d ia n a , by which they are seeking reimbursement o f the ex
penses to which they were put for the care, maintenance, pres
ervation, Insurance, and wharfage during a delay or two years
After the expiration o f the contract period, brought about by
f/ie failu re o f the United States to furnish them with the armor
in the time and in the order necessary to carry on the work
Properly.” This has been agreed to not only by the department
And the Secretary o f the Navy, but the Senators w ill find in the
report that I made a statement from each and every one o f the
Parties that had anything to do with the contract and building
° f the battleship In d ia n a .
The Court o f Claims, after a protracted trial, found that the
necessary and reasonable cost during this delay, which they
found was solely and entirely due to the fault o f the United
States, amounted to $177,S23.55; but on account o f a release
tnven on May 10, 1S94, at the time o f an advance payment by
which the builders agreed to waive so much o f the claim as
accrued prior to that date, the court allowed only the expenses
incurred after that date, for a period o f one year, six months,
And nine days, and gave judgment for the sum o f $135,560. In
tno report you w ill see these findings set out in detail.
-the case w as appealed to the Supreme Court, and that court
reversed the judgment upon the sole ground that a final receipt
aiyi release given May 19, 1896, upon the payment to the build
ers o f the balance o f the contract price, viz, $41,132.80, was
intended by the parties to be a final settlement o f the present
cjfiim, which the Court o f Claims found amounted to $177,823.55
ditional. The equities were not considered by the Supreme
ourt, as fu lly appears in the correspondence between Mr.
ustice Brewer, who delivered the opinion, and one o f the
counsel for the company. O f course I included a copy o f that
letter in my report.
The builders now ask that Congress, upon equitable grounds,
shall reimburse them for these expenses, and they file in sup
port o f their petition the affidavits o f the ex-Secretary o f the
Navy, Gen. T ra cy; his assistants, Adm iral Hichborn, Chief of
the Bureau o f Construction, and ex-Naval Constructor Nixon,
who designed the vessel, being all the Government officers that
had any part in the preparation o f the contract; o f ex-Secretary Herbert, who took the receipt, and Mr. Charles H. Cramp,
president o f the company, who signed both contract and receipt]
each and all unanimously declaring in specific terms that it
was never the intent o f either o f the parties to the contract
by the giving or accepting o f the receipt to in any w ay waive,
bar, or settle the claim now presented.
This evidence was not before the Supreme Court, and the
facts now presented differ in this material respect from the
case as presented to that court. The delays in furnishing the
armor were caused by the praiseworthy desire o f Secretary
Tracy to obtain for these new vessels o f w ar the most invul
nerable armor that it w as possible to procure. A t that time the
subject o f armor plate was in its infancy, and new processes
o f its manufacture were being devised and presented to the
department for adoption. A series o f exhaustive tests and
experiments were made, which consumed most o f the contract
period, and it w as not until February, 1893, that the Secretary
finally adopted the nickel-steel harveyized armor, and that sur
passed all armor in any o f the navies o f the world. These de
lays had a similar effect upon the builders o f the Orcr/on,
M a in e , T e r r o r , and T e x a s , and these were the only vessels that
were delayed from this cause aside from the In d ia n a and M a s
s a c h u s e tts , built by the Cramp Co.
The Richmond Locomotive
Works, builders of the machinery fo r the T e x a s , and N. F.
Palmer & Co. (the Quintard Iron W ork s), builders o f the ma
chinery o f the M a in e , have both been reimbursed by special
acts o f Congress on the recommendation o f Secretaries Herbert,
Morton, and Moody— notwithstanding they signed precisely the
same final receipts and releases.
The Pneumatic Gun Carriage Co., builders o f the T er r o r ,
recovered judgment in the Court o f Claims, notwithstanding
they signed the identical form o f final receipt and release, that
court holding, as it did in the In d ia n a case, that it did not
relate to this class o f claims, and Attorney General Griggs
acquiesced in that decision and declined to appeal the case, and
that company was paid.
I do not want to take the time o f the Senate to go into all o f
the details, but I simply wanted to tell the Senate why I made
the favorable report upon this claim. It was not on account o f
any lack o f endeavor on the part o f the Cramp people to finish
the In d ia n a on time that the loss to the company occurred, as
the Secretary of the Navy states, not only by letter, but by a
statement made under oath. All parties concerned recommend
that this claim be paid, because it was no fault o f the company
that a loss occurred.
I w ill take it for granted that there is not a Senator who
knows my record upon the Claims Committee who does not know
that I am not in favor o f paying claims against the Government
unless I find that there is some good reason for doing so. I am
not going to go into any lengthy discussion o f this matter. The
committee reported adversely upon the claim, and I simply make
this statement now to place myself right, having been asked as
to whether or not I had changed my views upon this particular
claim.
„
I do not think there is any necessity for my saying any more.
The builders o f all the other vessels that were built under the
same conditions and that were held up for the same identical
reasons have been reimbursed. I f the Senate o f the United
States does not desire to reimburse this company fo r the same
kind of loss that all o f the other companies sustained and have
been paid for, I have not another word to say in relation to the
matter.
.,
. .
.
„ ,
Mr. CRAW FORD. Mr. President, in view o f the rather pecu
liar situation o f this claim, I am glad the Senator made his
statement. I also wish to make a statement, because I want it
to be a matter o f record. It is not very long.
The Committee on Claims made an adverse report on this
bill for the relief o f W illiam Cramp & Sons on March “
28, 1912.
Under the regular procedure it would have been indefinitely
1834
C N R SSIO A R C R —SENATE.
OGE
NL EOD
postponed at once. At the time tlie adverse report was pre
sented, however, an amendment had been proposed by the
Senator from Pennsylvania and referred to the Committee on
Claims, by which he sought to amend what is known as the
omnibus claims bill— which at that time was being considered
by the same committee—by inserting this claim in that bill.
For that reason I asked that this bill go on the calendar, so
that the proposed amendment and the bill might be considered
together in connection with the adverse report when the omni
bus-claims bill came before the Senate.
The committee having reported the bill adversely, declined
to accept the proposed amendment, o f course. During all the
time we were considering the omnibus claims bill here this
amendment was not presented by the Senator from Pennsyl
vania, nor by any other Senator. The Senator who proposed
it told me that he did not intend to precis it.
After the omnibus claim s bill had p:tesed the Senate, I as
sumed, as a matter o f course, that this bi\l, upon my suggestion
and upon the adverse report, would be indefinitely postponed.
This adverse report has been here for 10 n in th s. No minority
views have been presented. An amendment'proposing the same
relief has been abandoned; and it is difficult to understand
why at this late date there should be a disposition to depart
from the usual practice o f indefinite postponement in such cases.
The Senator from Utah the other day asked Ifiat the bill be
placed under Rule IX , which would indicate tha\ he preferred
to have it die there rather than to have the Senate act in the
usual way by indefinitely postponing it upon the adverse report.
In fact, sir, I have discovered several attempts to get that
adverse report out o f the way in some manner otheft than the
usual one, o f either taking issue with it by presenting 'minority
views or having the bill indefinitely postponed upon in i
Very soon after the adverse report was filed a gentlem
was actively engaged in lobbying for the bill came in
committee room and asked the clerk o f the committee to
him the records and minutes kept o f the proceedings, so
he might, if possible, make the claim that a quorum o f
committee was not present when the report was ordered,
did this in my absence and without so much as asking m;
leave. It looked like impudence and effrontery to me for a lob
byist to go to a committee room and in the absence o f the chair
man attempt to secure evidence upon which to impeach the
committee’s report.
Failing in that, I next discovered that this same gentleman
was attempting to canvass the individual members o f the com
mittee and to secure their signatures to a written request that
this adverse report be withdrawn. I am glad to say that he
did not get very far with th a t; but it was a most extraordinary
proceeding.
It seems to me there is a manifest desire to deal with thjife
adverse report in some unusual way instead o f follow ing the
regular procedure. Under the circumstances, I think it i s /n y
duty to lay before the Senate briefly the facts disclosed in. the
report.
/
The W illiam Cramp & Sons Ship and Engine Building Co.
entered into a written contract with the Government on/November 1 0 , 1880, In which it undertook, for the sum o f $ £ 0 2 0 ,0 0 0 ,
at its own risk and expense, to construct a coast-1 ifle battle
ship, afterwards known as the In d ia n a . Certain portions o f
the armor were to be furnished by the Government and deliv
ered at the Cramp shipyards in the order and a t /h e times re
quired to carry on the work properly. The vessel w as to be
completed within three years from the date of the contract,
and heavy penalties were provided in case o f delays beyond this
period for which the shipbuilding company wits to blame. On
the other hand, it was clearly provided when the delay was
caused by the fault o f the Government that the builder should
be relieved o f penalties and entitled to ^correspon din g exten
sion o f the period prescribed for the completion o f the vessel.
The contract was carefully balanced in th is as in all other par
ticulars. The expenses incurred in tjfe preparations for trial
tests and of the preliminary trial tests o f thoAessel were to be
borne by the shipbuilder, but th e/expense of the final trial
before acceptance, if successful, whs ..to'he paid by the Govern
ment. Payment was to be made by the Government in 30 equal
installments as the work progressed, with a reservation o f 1 0
per cent from each installment. The last three installments and
the reservations, except the sum o f $0 0 ,0 0 0 , were to be made
after tlie preliminary trial test if approved. The $60,000 was
not to be paid until the final trial and acceptance o f the vessel,
and then only upon the execution by the shipbuilder o f a full
and complete release o f all claims o f any kind or description
under or by virtue o f the contract.
The contract is clear and unequivocal throughout. There is
no ambiguity or uncertainty in it. There is nothing in it call
January
o
j
ing for oral interpretation or explanation. It speaks r>]v
It is an all-sufficient Avitness as to its meaning, and parol t ymony to vary or explain its clear meaning would not be
mitted in any court in the absence o f any charge o f p. :,< '
J
duress, or mistake.
1 :1'id,
Because the Government was unable to furnish the n,.
or
when needed tlie completion o f the vessel was delayed
two years. This delay caused the parties on May 10, 1i8 9 4 ^
Mav 1 o
■
s.
execute a written memorandum m odifying the original ’ to
tract in one respect only, but providing that in all othei.C1 '
01
spects it should remain unchanged and/ unaffected in it 8 ]
effect. The agreement o f modification>was to this effect;
It Avas agreed that the payment ofyihe last three installs
o f the contract price and the reservations o f 1 0 per centU
^
previous payments should not be Withheld until after the 1 il1
liminary trial and conditional acceptance o f the vessel, but p e'
the Government would pay the Contractor at once these inst at
ments and reservations, retaining only a sufficient sum to C
r
the special reserve o f $0 0 ,0 0 0 ; the cost o f all unfinished J lVet
all deductions likely to be jfiade on account o f deficiencies1^’
speed, and other contingencies that might arise. In such ey 11
1
the building company w as/to give the Government a bond
approved security for JBdemnity against loss or injury ^
reason o f the paym en t The shipbuilding company, in” sidcration o f these a d d u c e payments, released the Govern®*1'
1
iss or damage occasioned by its fain "t
,
to furnish armor as Contemplated in the original agreement ll'6
The ship was fi
May, 1896, at whi
building Co. the^reserved balance o f the $00,000, and
from that com __ _________________________ _______ _____
the United Stores o f and from “ all and all manner of qe|'A'
dues, sums, mfd sums o f money, accounts, reckonings, claims
demands wlnftsoever, in law or in equity, for or by reason of ^
on a c c o u n t /f the construction o f said vessel under the contv,°r
aforesaid ^
act
This release was signed and sealed by Charles II. Cram
presiden* o f the company, and delivered to the Department ^
the N a/y. There was nothing unconscionable in this contract
It is d o t claimed that, notwithstanding the delay, the C ra^
‘ iliipbhilding Co. did not make a good profit in the perforntan/
t it; It is not claimed that it w as deceived by any misrepresent6
atM is into making it. No action to re-form the contract o r V
relieved from its terms because o f fraud, mistake, or dure<°
iver begun in any court o f equity. No proceeding of t w
d Avas ever hinted at or suggested. A t the time of fin ,
"acceptance o f the A-essel and payment o f the balance duo p
Cramp'iShipbuilding Co. executed this full and sweeping releas
withour%asserting or suggesting that it had sustained daman-*0’
It recei v'ed the money, executed the release, and delivered 0 ;
*.
the vesseVto the Government without making any such claj]01
These thinks were done under and within the clear provisions ^
of
the contra c\ it seif.
But a ft e r \ whole year and a quarter had passed this con
pany began & suit against the Government in the Court
of
Claims.
It was not Referred there by Congress. They began
original suit there in which the company asked judgment f* 1
the sum o f $480,2 » .
or
To shoAV the character of this claim, I wish to call the atten
tion of the Senate frftsome of the items specified in the petitir
which it filed •
x
m
It says its business
s so large that in order to obtain ®or
room for materials for ae vessels under construction, of A
vhic]°
the I n d i a n a A *a one, it purchased additional ground at a cost of
As
$121,756.03 and erected thwreon shops in which to handle mi
terial at an additional cost'of $3,000, and it Avants to be reim'
bursed the sums it thus paid out for enlarging its oavia plant p
apportioned and charged up td.this vessel a proportionate sham
of the A-alue of the use of its yard, its tools, and machinery, th* j
cost of superintendence, and the general upkeep of its yard f0 .
1
the period of tivo years, for which it asked $72,000. it asked
$4S,000 more for the care and protection of the vessel for two
years; $23,360 more for wharfage, which is the amount a nier
chant vessel of the same tonnage would have had to pay in th*
port of Philadelphia while stopping there on a commercial
voyage; it asked to be reimbursed over $5,000 for tug service
not incurred in construction of the vessel but expended for rs
own benefit and convenience independently of the construction
of this vessel; it wanted pay for dredging the basin occupied
by the vessel and repayment of the insurance it had paid on
the vessel for the period of two years immediately preceding
the acceptance by the Government. It took the contract to
build this vessel at its own risk and responsibility.
J
C N R SSIO A R C R —SENATE.
OGE
NL EOD
191°0.
<
burthens o f the canal w ill be fairly distributed among the
nations using it
Mr. M ARTIN E o f New Jersey. Mr. President, my form er
vote on the question o f tolls on the Panama Canal was the re
sult o f my conscientious and deliberate judgment. Notwith
standing the splendid argument o f the senior Senator from
New York [Mi-. Root], I am frank to say that I am still uncon
vinced o f any wrong or injustice in my position.
Mr. President, I feel that the Senator from New York was
most unfortunate in that part o f his remarks where he referred,
at least by innuendo, to those who opposed his proposition as
“ playing to the galleries.” No, Mr. President; higher motives
prompted my vote on this question. I yield to no man in love
and admiration for the lofty sentiments expressed by the Sena
tor from New York. This, however, is not a question of the
peace o f the world nor o f the honor o f the American Nation, but
it is a question o f right and justice to the American people,
The Senator from New York asks, “ Are we P harisees?” N o;
vre are not Pharisees nor hypocrites, but a brave and honorable
people demanding our rights. It seems to me that it comes with
ill grace for Great Britain even to suggest bad faith on our part,
'vlien her whole history has been that o f greed and avarice in
dealing with the nations o f the earth. Read, Mr. President, the
story o f Great Britain’s occupancy o f India and o f Egypt, and
you find it is one long story o f commercialism for England,
right or wrong.
>The Senator calls for arbitration. History tells us that Great
Britain's policy has been to arbitrate only with nations stronger
than herself. How well 1 recall a few years ago when that
Spartan band, the Boers, in their heroic contest for liberty,
prayed and pleaded for arbitration. Humanity the world over
joined in that plea; but the ear o f Great Britain was deaf to
all supplications. Shall we arbitrate this question o f our right
to regulate the canal we have built and paid for? N o ; never.
Mr. President, the whole question, I feel, is summed up in
this editorial from the London Times o f recent date:
If this hill becomes a law it will prove a little short of disastrous to
British shipowners. W ith their best brains and energy devoted to tli# r
work, the United States will now proceed to turn out vessels oiv a
wholesale scale, and, aided by their freedom from Panama Canal tolls,
there is little to prevent them from entering with success all those
trades in which British shipowners are now the principal carriers,:
As I said heretofore when (his question was before this body
h>r consideration, I now repeat that I favor free tolls for
American craft, both ocean and coastwise, and desire that the
tolls for all oilier vessels o f the world he only sufficient to
maintain the physical condition o f the canal, and that tlie cost
and interest thereon shall he Am erica’s contribution to the
World. I believe that such a policy on the part o f this Gov
ernment with reference to the Panama Canal would rehabili
tate our merchant marine, and that in a few years we would
command the carrying trade o f this hemisphere.
Mr. President. I stand by my form er vote on this question,
and w ill vote “ no ” on the proposition to rescind our former
action.
The PRE SID EN T pro tempore. The calendar tinier Rule
T i l l is in order.
Mr. SIMMONS. 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 roll will be
called.
\
The Secretary called the roll, and the follow ing Sena tore
answered to their names.
■
Johnston. Ala.
Percy
Ashurst
Clarke, Ark.
Perkins
Johnston, Tex.
(Ira wi'ord
Bankhead
Pomereue
Jones
Uullom
Bourne
Root
Kern
Cummins
Bradlev
Simmons
La Follette
Curtis
Brandegee
Smoot
Lippitt
BristowDillingham
Stephenson
Lodge
Brown
du Pout
Stone
Bryan
McLean
Fletcher
Sutherland
Martin, Va.
Gallinger
Burnham
Swanson
Myers
Catron
Gamble
Chamber la in
Chilton
Clapp
Clark, W yo.
Gardner
Gronna
Hitchcock
Johnson, Me.
Oliver
Overman
Page
Pay n ter
Thomas
Thornton
Works
....The PRE SID EN T pro tempore. On the call o f the roll/55
‘S enators have answered to their names. A quorum is present.
EXECUTIVE SESSION.
/
Mr. SMOOT. I move that the Senate proceed to the considerhtion o f executive business.
The PR E SID E N T pro tempore. The Senator from Utah
moves that the Senate proceed to the consideration o f executive
business. [Putting the question.] By the sound the “ ayes
appear to have it.
Mr. CLARK E o f Arkansas. I ask for a division.
The Senate proceeded to divide.
1877
Mr. CLARK E o f Arkansas. Mr. President, I call for the
yeas and nays. That w ill he more satisfactory.
The yeas and nays were ordered, and the Secretary pro
ceeded to call the roll.
Mr. L IP P IT T (when his name w as called ). I transfer my
pair with the Senator from Tennessee [Mr. Lea ] to the Senator
from New Mexico [Mr. F a l l ] and w ill vote. I vote “ yea.”
Mr. PENROSE (when his name was called). I will trans
fer my pair with the ju n ior Senator from Mississippi [Mr.
W i l l i a m s ] to the junior Senator from Nevada [Mr. M a s s e y ]
and w ill vote. I vote “ yea.”
The roil call was concluded.
Mr. LODGE (after having voted in the affirmative). I will
ask whether the junior Senator from Georgia [Mr. S m i t h ]
has voted?
The PRESID EN T pro tempore. The Chair is informed that
that Senator has not voted.
Mr. LODGE. I have a pair with that Senator, hut I will
transfer it to the Senator from (Maryland [Mr. J a c k s o n ] , and
let my vote stand.
W hile I am on my feet I w ill announce, by request, that my
colleague the Senator from Massachusetts [Mr. C r a n e ] is
paired with the Senator from Maine [Mr. G a r d n e r ] ; that the
Senator from Kansas [Mr. C u r t i s ] is paired with the Senator
from Oklahoma [Mr. O w e n ] ; that the Senator from Delaware
[Mr. R i c h a r d s o n ] is paired with the Senator from South Caro
lin a [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 ] ; and
that the Senator from W yoming [Mr. W a r r e n ] is paired with
the Senator from Louisiana [Mr. F o s t e r ].
M iv CHILTON. I desire to announce that my colleague [M r.
W a t s o n ] is paired with the Senator from New Jersey [Mr.
B r ig g s ].
\
The result was announced— yeas 36, nays 27, as follow s:
YEAS—36.
Bourne
Bradley
Brandegee
Bristow
Bnrnliam
Burton
Catron
Chamberlain
Clapp
Clark, Wyo.
Cullom
Cummins
1Jilliugham
du Pout
Gallinger
Gamble
Gronna
Jones
Ashurst
Bankhead
Bryan
Chilton
Clarke. Ark.
Fletcher
Gore
N A Y S — 27.
Myers
Ileiskell
O’Gorman
Johnson, Me.
Overman
Johnston, Ala.
Paynter
Johnston, Tex.
Kern
Percy
Martin. Va.
Shively
Marline, N. .T
.
Simmons
Bacon
Borah
Briggs
Brown
Crane
Crawford
Culberson
Curtis
Dixon
Fall
Foster
Gardner
Guggenheim
Hitchcock
Jackson
Kenyon
La Follette
Lippitt
Lodge
McCumber
McLean
Nelson
Oliver
Page
Penrose
\
Perkins
Root
Sanders
Smoot
Stephenson
Sutherland
Townsend'
Wet more
Works
Smith, Ariz.
Stone
Swanson .
Thomas
Thornton
Tillman
NOT VOTING— 32.
Lea
Massey
Newlands
Owen
Perky
Poindexter
Pomorene
Reed
Richardson
Smith. Ga.
Smith. Md.
Smith. Mich.
Smith, S. C.
Warren
Watson
W illiam s
So the motion was agreed to and the Senate proceeded to the
consideration o f executive business. After 52 minutes spent
in executive session the doors were reopened, and (a t 2 o’clock
and 45 minutes p. m.) the Senate adjourned until to-morrow,
Thursday, Jauuarj' 23, 1913, at 12 o’clock m.
NOMINATIONS.
U c c u tiv 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 J a n u a r y 22, 1 9 1 8 ,
C o m m is s io n e r s
of t h e
D i s t r ic t
of
C o l u m b ia .
Cuno H. Rudolph, o f the District o f Columbia, to bo a Commissioncr o f the District o f Columbia for a term o f three years,
( Reappointment.)
James F. Oyster, o f the District o f Columbia, to he a Com
missioner o f the District o f Columbia for a term o f three years,
vice John A. Johnston.
U n it e d S t a t e s A t t o r n e y .
William E. Lee, o f Idaho, to be United States attorney, dis
trict o f Idaho, vice Curg II. Lingenfelter, whose term has ex
pired.
P r o m o t io n s
in
t iie
B c d e ic
H
ealth
S e r v ic e .
Passed Asst. Surg. John S. Boggess to be surgeon in the
Public Health Service, United States, to rank as such from
December 1, 1912. This officer has served the required time in
his present grade and has passed the necessary examination for
promotion.
\
1878
C N R SSIO A R C R —SEN
OGE
NL EOD
ATE.
Passed Asst. Sniff. Donald II. Currie to be surgeon in the
Public Health Service, United States, to rank as such from De
cember 1, 1012. This officer has served the required time in
Ids present grade and has passed the necessary examination for
promotion.
Passed Asst. Surg.. Gustave M. Corput lo be surgeon in the
Public Health Service, United States, to rank as such from
December 1. 1012. 'this officer has served the required time iu
his present grade and has passed the necessary examination for
promotion.
Passed Asst. Surg. Mervin W. Glover to be surgeon in the
Public Health Service, United States, to rank as such from
December 1, 1012. This officer has served the required time in
his present grade and has passed the necessary examination for
promotion.
Passed Asst. Surg. Edward Francis to be surgeon in the Pub
lic Health Service,'United States, to rank as such from Decem
ber 1, 1012. This officer lias served the required time in his
present grade and has passed the necessary examination for
promotion.
Passed Asst. Surg. Joseph Goldberger to be surgeon in the
Public Health Service, United States, to rank as such from
December 1. 1 0 1 2 . This officer has served the required time in
his present grade and has passed the necessary examination for
promotion.
Passed Asst. Surg. Matthew K. Gwyn to be surgeon in the
Public Health Service, United States, to rank as such from
December 1 , 1012. This officer has served the required time in
his present; grade and has passed the necessary examination for
promotion.
Passed Asst. Surg. William A. Korn to be surgeon in the
Public Health Service, United States, to ratik as such from
December 1, 1912. This officer has served the required time in
his present grade and has passed the necessary examination for
promotion.
1
Passed Asst. Surg. Bolivar J. Lloyd to be siWgeon in the
Public Health Service, United States, to rank a s such from ,
December 1. 1912. This officer has served the required time ii
his present grade and has passed the necessary examination
promotion.
Passed Asst. Surg. John D. Long to be surgeon in till
Health Service, United States, to rank as such from
1, 1912. This officer has served the required time in his p]
grade and lias passed the necessary examination for proj
Passed Asst. Surg. George W. McCoy to be surgeonr in 1
Public Health Service, United States, to rank as su ch /rom
cember 1, 1912. This officer lias served the required tpne in
present grade and lias passed the necessary examination
promotion.
Passed Asst. Surg. Allan J. McLaughlin to be sjfrgeon in the
Public Health Service, United States, to rank a s /u c h from D e
cember 1. 1912. This officer has served the required time in his
present grade and has passed the necessary ^examination for
promotion.
Passed Asst. Surg. Dunlop Moore, to be surgeon in the Public
Health Service, United States, to rank as stock from December
1, 1912. This officer has served the required time in his present
grade and has passed the necessary examination for promotion.
Passed Asst. Surg. Claude C. Pierce t o j e surgeon in the Pub
lic Health Service, United States, to rank as such from Decem
ber 1. 1912. This officer has served the required time in his
present grade and has passed the necessary examination for
promotion.
Passed Asst. Surg. Carl llam us to be surgeon in the Public
Health Service, United States, to rank as such from December
1, 1912. This officer has served Ole required time in his present
grade and lias passed the necessary examination for promotion.
Passed Asst. Surg. Joseph W. Scheresckewsky to be surgeon
jn the Public Health Service^ United States, to rank as such
from December 1, 1912. TKis officer has served the required
time in his present grade aytl has passed the necessary examina
tion for promotion.
Passed Asst. Surg. Freflerick E. Trotter to be surgeon in the
Public Health Service, jUnited States, to rank as such from D e
cember 1, 1912. T h is /d ic e r has served the required time in liis
present grade and Jims passed the necessary examination for
promotion.
Passed Asst. Surg. Charles W. Vogel to be surgeon in the
Public Health Service, United States, to rank as such from
December 1, 1912. This officer has served the required time in
his present grade and has passed the necessary examination for
promot ion.
Passed Asst. Surg. Benjamin S. Warren to be surgeon in the
Public Health Service. United States, 1 > rank as such from
<
December 1, 1912. This officer has served the required time iu
J a n u a r y 29 «
—
his present grade and has passed tln/necessary examination f 0 promotion.
/
Passed Asst. Surg. Clarence W /W ille to be surgeon iu
Public Health Service, United s /ile s , to rank as such f Vone
December 1, 1912. This officer l / s served the required tjnie 9
his present grade and has p a s s e / the necessary examination f0f
promotion.
/
Passed Asst. Surg. Louis I y U . Bahronburg to be surgeon j,.
the P u b lic Health Service, limited States, to rank as such tvon
December 1. 1912. This officer has served the required time j 1
Ids present grade and has passed the necessary examination f,,,.
promotion.
Promotions in tiie A rmy.
CAVALRY ARM.
First Lieut. C h a rle /C . Winnia, Fifth Cavalry, to be captain
from January 10, 1 9 vi ce Capt. Timothy M. Coughlan, First
Cavalry, detailed i n / h e Quartermaster Corps on that date.
Second Lieut. Jolepk C. King, Tenth Cavalry, to be first ii1 u
>_
tenant from January 1G, 1913, vice First Lieut. Charles C. Wig.
nia, Fifth C aval/r, promoted.
A p p o in t m e n t s
in
t iie
Navy.
Morris B. Miller, a citizen o f Pennsylvania, to be an assistant
surgeon in thjr Medical Reserve Corps o f the Navy from the ip ] ,
day o f January, 1913, in accordance with a provision contained
in an act o f Congress approved August 22, 1912.
Julian f . Maynard, a citizen o f Maryland, to he an assistant
paymastm* in the Navy from the 18th day of January, lpi.3 , j()
fill a vijFancy.
PROMOTION IN THE NAVY.
T
.
Civil Engineer Norman M. Smith to be a civil engineer
in t/ie Navy from #the 3d day o f December, 1912, to fill a vaPOSTMASTEKS.
INDIANA.
Thomas W. Basinger to be postmaster at Petersburg, Ind., ju
place o f Commodore D. Ilouchin, deceased.
IOWA.
William M. Boykin to he postmaster at Iluhhard, Iowa, in
place o f William M. Boylau. Incumbent's commission expires
March 1, 1913,
MAINE.
Albert Greenlaw to he postmaster at East port, Me., in place of
Albert Greenlaw. Incumbent's commission expired January u
1913.
M IC H IG A N .
Hugh W. Parker to he postmaster at Bancroft. Mich., in place
' Hugh W. Parker. Incumbent’s commission expires February
9,\i913.
iries II. Stevens to he postmaster at Perry, Mich., in pi;1C
e
of Charles II. Stevens. Incumbent’s commission expires Febru
ary 9\1913.
MINNESOTA.
Mary V Dillingham to be postmaster at Granite Falls, Minn.,
in place o l Mary J Dillingham. Incumbent's commission expires
F e b r u a r y \ 19i3.
Charles A Lee to be postmaster at Morris, Minn., in place of
Charles A. E^e. Incumbent’s commission expired January p>
1913.
\
'
Gustaf E. LVmdberg to be postmaster at Murdock, M n
in .
Office became presidential January 1, 1913.
Peter O. Roe tv be postmaster at Sacred Heart, Minn.. in
place o f Peter O. Uoe. Incumbent’s commission expires Febru
ary 9. 1913.
William H Smith i\ be postmaster at Cambridge, Minn., iu
>
place o f William 11. Smith. Incumbent’s commission expired
January 12, 1913.
is sissirri.
David A. Adams to be
ster at Iuka, Miss., in place of
David A. Adams. Incumbent commission expires February l i
1913.
James N. Atkinson to be post id ter at Summit, Miss., in place
of James N. Atkinson. Iucumb " s commission expires January 29, 1913.
Edward F. Brennan to be post mast cheat Brookliaven, Miss., in
place o f Edward F. Brennan. Incumbent's commission expires
January 29, 1913.
Mary E. Brigham to be postmaster at Tunica, Miss., in place
o f William .T Brigham. Incumbent's commission expires March
.
1, 1913.
William W. Cain to be postmaster at W ed , Miss. Office be
came presidential January 1. 1913.
C N R SSIO A R C R —SENATE.
OGE
NL EOD
1913
By Mr. K E N N E D Y : Petition o f tlie employees of the S. R. &
I. C. McConnell Co., o f Burlington, Iowa, wholesale saddlery
manufacturers, protesting against the passage o f House hills
27569 and 27570, for reduction o f tariff relating to the saddlery
business; to the Committee on W ays and Means.
By Mr. L E V Y : Petitions o f the New York Leather Belting
Co., New Y ork ; Sclioverling, Daly & Gales, New Y ork; Am eri
can Laundry Machinery Co., Rochester, N. Y . ; R. E. Dietz Co.,
New York C ity ; Crockery Board o f Trade o f New York, New
York C ity; W ood & Select:, New York C ity; Reliance BallBearing D oor Hanger Co., New York City, favoring passage o f
House bill 275G7, for 1-cent letter-postage rate; to the Commit
tee on the Post Office and Post Roads.
Also, petition o f Jtulson G. Wall, New York, favoring the
passage o f Senate bill 0, for Federal aid for the promotion o f
vocational education; to the Committee on Agriculture.
Also, petition o f the Navy League o f the United States, W ash
ington, D. C., favoring the passage o f House bill 1309, for ap
pointing a council o f national defense; to the Committee on
Naval Affairs.
By Mr. LINDSAY. Petition o f C. H. Caldwell and the Am eri
can Group o f the Soci 6 te des Architects Diplomes par le
Gouvemement Francais, New York, favoring the adoption of
the site and design as approved by the National Commission of
Fine Arts for a memorial to Abraham Lincoln; to the Com
mittee on the Library.
Also, petition o f the Duchess Manufacturing Co., Pough
keepsie, N. Y., favoring the passage o f House bill 27567, for a
1-cent letter-postage rate; to the Committee on the Post Office
and Post Roads.
Also, petition o f John W. Davis, Birdsboro, P a .; C. M. P
rigs. Dryden, N. J . ; and George Shango, Wesley, Pa., favor
ing the 'passage o f House bill 1339, granting an increajfe of
pension to veterans o f the Civil W ar who lost an arm or jp g ; to
the Committee on Invalid Pensions.
B y Mr. R E IL L Y : Petition o f the Connecticut St a t # Grange,
New London, Conn., protesting against any change in jh o present
oleomargarine la w ; to the Committee on Agriculture
Bv Mr. S C U L L Y : Petition o f the general executive com
mittee o f the Railw ay Business Men's A ssociation favoring the
passage o f House bill 25106, granting a Federal charter to the
Chaihber o f Commerce o f the United States on A m erica ; to the
Committee on the Judiciary.
/
Also, petition o f the Industrial Exposition o f the Industries
o f Union County, Elizabeth, N. J., favorinjjf the passage o f Sen
ate bill 3, for Federal aid for industrial education; to the Com
mittee on Agriculture.
By Mr. SIM S : Petition o f the wonuft o f Sandy Springs, Md.,
favoring the adoption o f the proposal boulevard from Wash
ington to Gettysburg as a mem oriayto Abraham L in coln ; to the
Committee on the Library,
By Mr. W IL L IS : Papers to,Accompany bill (H. R. 26453)
granting an increase o f pcnsicyr to Helen G. D a v is; to the Com
mitt..... -a Invalid Pensions.
By Mr. W ILSON o f Njrtv Y ork : Petition o f the German
American Peace S o c ie ty 'N e w York, protesting against the
passage o f House b ill>^141, for placing the State militia on
the national pay r o l l / t o the Committee on Military Affairs.
Also, petition ofyflie Eberhard-Faber Pencil Co. Employees’
A id Society, Greeupoint, Brooklyn, protesting against the reduc
tion o f tariff o r /le a d pencils and leads; to the Committee on
Ways and Me
Also, petitipfi o f Illinois Chapter, American Institute o f Archi
tects, favoring the Mall site as approved by the National Com
mission o f F in e Arts, but protesting against the proposed design
for the memorial to Abraham Lincoln; to the Committee on the
Library
SENATE.
T
h ursday
,
January 23,1913.
/r a y e r by the Chaplain, Rev. Ulysses G. B. Pierce, D. D.
Journal o f yesterday’s proceedings was read and approved.
l The
INDIAN ArPKOPRIATION BILL.
The PRE SID EN T pro tempore (Mr. G a l l in g e r ) . The Chair
lays before the Senate a communication from the House o f Reppesentatives, which w ill be read.
The Secretary read as follow s:
In
R e p r e s e n t a t iv e s ,
January 22, 1913.
O r d e r e d , That a message he sent to the Senate, notifying that body
that an error has been made in the engrossment of the bill II. R. 20874,
entitled “ An act making appropriations for the current and contingent
expenses of the bureau o f Indian Affairs, for fulfilling treaty stipula
tions with various Indian tribes, and for other purposes, for the fiscal
year ending June 30, 1014,” approved January 9, 1913, as sent from
the
H o u se
op
1907
this House to the Senate, which error consists in incorporating in
said engrossed bill a section thereof, on page 24, lines 7 to 15, inclusive,
as fo llo w s:
W
“ The sum of $300,000 to be expended m the discretion of the Secre
tary of the Interior, under rules and pigulations to be prescribed by
him, in aid o f the common schools in the Cherokee, Creek, Choctaw,
Chickasaw, and Seminole Nations in ^Oklahoma, during the fiscal year
ending June 30, 1914 : Provided, T m t this appropriation shall not he
subject to the limitation in section -1 of this act limiting the expendi
ture of money to educate children of less than one-fourth Indian blood.”
Said section having been stricken from the original bill by this
House previous to the passage eV the h ill; and that the Senate be re
quested to permit the Clerk to Correct said error.
Tlie PRE SID EN T pro tempore. The usual procedure in such
cases has been the passage o f a concurrent resolution instruct
ing tbe Clerk to make crin g es o f this kind. In view o f the fact
that this matter comej^fn an unusual form, the Chair w ill take
the liberty o f referring it to the Committee on Indian Affairs for
their consideration.
IESSAGE FROM THE HOUSE.
A message fi'Qjti the House o f Representatives, by J. C. South,
its Chief Cler^f announced that the House bad passed a bill
(II. R. 2794M making appropriations for the support o f the
Army for ttfe fiscal year ending June 30, 1914, in which it re
quested tjje concurrence o f the Senate.
PETITIONS AND MEMORIALS.
T 1 # T r ESI DENT pro tempore presented a memorial adopted
b y /th e Eistoplios Science Club, o f Washington, D. C., remontating against transferring the control o f the natural resources
T the country to the several States, which was referred to the
f
Committee on Conservation o f National Resources.
Mr. PENROSE presented a petition o f Washington Camp, No.
56S, Patriotic Order Sons o f America, o f Anslomink, Pa., p ray
ing for the enactment o f legislation to further restrict immigra
tion, which was ordered to lie on the table.
Mr. BRANDEGEE presented a memorial o f the State Grange,
Patrons o f Husbandry, o f Connecticut, remonstrating against
the repeal o f the present oleomargarine law, which was referred
to the Committee on Agriculture and Forestry.
He also presented a petition o f the State Board o f Agricul
ture o f Connecticut, praying for the passage o f the so-called Page
vocational education bill, which was ordered to lie on the table.
Mr. JONES presented resolutions adopted by members of the
Commercial Club, o f Hoquiam, Wash., favoring the extension
o f the north jetty o f Grays Harbor, in that State, which were
referred to the Committee on Commerce.
Mr. M cLEAN presented a petition o f sundry citizens o f New
Haven, Conn., praying the enactment o f legislation to further
restrict immigration, which was ordered to lie on the table.
Mr. TOW NSEND presented petitions o f the congregations o f
the Seventh-day Adventist Churches o f Cedar Lake, Bauer,
Petoskey, and Memphis, all in the State o f Michigan, remon
strating against compelling the observance o f Sunday as a day
o f rest in the District o f Columbia, which were ordered to lie
on the table.
Mr. BURTON presented a petition o f Local Branch. Boy
Scouts o f America, o f Ada, Ohio, praying for the enactment
o f legislation for the protection o f migratory birds, which was
ordered to lie on the table.
Mr. PAGE presented a petition o f the congregation o f the
Methodist Episcopal Church o f St. Johusbury Center, VC, pray
ing for the passage o f the so-called Kenyon-Sheppard interstate
liquor bill, which was ordered to lie oil the tabic.
Mr. ROOT presented petitions o f sundry citizens o f Bainbridge, N. Y., praying for the passage o f the so-called KenyonSheppard interstate liquor hill, which were ordered to lie on
tll6 ItlblG
Mr. L IPPITT. I present a memorial from members o f the
Society o f St. Volodymyr, o f Woonsocket, R. I., remonstrating
against the adoption o f the illiteracy test clause in the pending
immigration bill. I ask that the memorial lie on the table and
be printed in the R ecord .
There being no objection, the memorial w as ordered to lie
on the table and to be printed in the R ecord , as fo llo w s :
(Saporozska Sicz of St. Volodymyr, Woonsocket, R. I.
Incorporated
May
1911.)
W o o n s o c k e t , r . i . t January 2 0 , 1 9 1 3 .
To the Senate of the United States:
G e n t l e m e n : It has been a painful surprise to us to see the House
pass the Burnett hill, providing for a literary test.
This test, as is
well known, docs not aim at selection hut merely at the cutting of
numbers.
It is a move against present immigration which wo very
earnestly regret. It is a departure from our traditions and the prin
ciple that has guided us in the past, through the means of which our
country stands preeminent as the land of equal opportunity.
It over
looks also the need of the country for a continuous fresh supply of
labor. We can only hope now that the Senate will not join the House
in its decision, hut will come to a better understanding as to the wishes
of the majority of the American people and the best interests of the
country.
C N R SSIO A R C R —SEN
OGE
NL EOD
ATE
1908
REPORTS OF COMMITTEES.
LOAN OF TENTS.
Mr. OLIVER, from tlio Committee on Claims, to wliicli was
referred tlie bill (H . R. 8801) for tlie relief of the legal repre
sentatives o f Samuel Schiffer, reported it without amendment
and submitted a report (No. 1137) thereon.
Mr. JONES, from the Committee on Military Affairs, to
which was referred the bill (S. 2492) to place W illiam F.
Greeley on the retired list o f the Army, reported adversely
(S. Itept. 1138) thereon and the bill was postponed indefinitely.
Mr. BURTON, from the Committee on Commerce, to which
was referred the bill (II. R. 26549) to provide for the con
struction or purchase o f motor boat for customs service, re
ported it without amendment and submitted a report (No.
1139) thereon.
Mr. BRADLEY, from the Committee on Post Offices and Post
Roads, to which was referred the bill (S. 7488) fo r the relief
o f George L. Thomas, reported it without amendment and sub
mitted a report (No. 1140) thereon.
Mr. DU PONT, from the Committee on Military Affairs, to
which was referred a memorial submitted by Mr. T o w n s e n d
(fo r Mr. S m i t h o f Michigan) on the 10th instant, remonstrat
ing against the passage o f the so-called Swanson bill for the
relief o f certain Confederate officers, asked to be discharged
from its further consideration and that it be referred to the
Committee on Claims, which was agreed to.
PUBLIC BUILDING AT GREENVILLE, ALA.
'
'
1
Mr. CULBERSON. From the Committee on Public Buildings
and Grounds I report back favorably, with amendments, the
bill (S. 7522) for the erection o f a public building at the city
o f Greenville, Ala., and I call the attention o f the Senator from
Alabama [Mr. J o h n s t o n ] to it.
Mr. JOHNSTON o f Alabama. I ask unanimous consent for
the present consideration o f the bill just reported by the Sen
ator from Texas.
/
There being no objection, the Senate, as in Committee o f tlm
Whole, proceeded to consider the bill.
The amendments were, on page 1, line 4, after the woijls
“ directed to,” to strike out “ contract for the erection and
completion ” and insert the words “ acquire by condemnation!or
otherwise a suitable site and to cause to be erected th ereoa” ;
on the same page, line 9, before the word “ building,” to injert
the words “ site and ” ; and, in lines 1 0 , 1 1 , and 1 2 , to stjfike
out the words “ which said sum is hereby appropriated for la id
building out o f any money in the Treasury not otherwise appro
priated,” so as to make the bill rea d :
Be it enacted, etc., That the Secretary of the Treasury he, and he is
hereby, authorized and directed to acquire by condemnation or other
wise a suitable site and to cause to be erected thereon in the city of
Greenville, Ala., a suitable building, including fireproof vaults, heat
ing and ventilating apparatus, elevators, and approaches, complete, for
the use and accommodation of the United States post office and other
Government offices, the cost of said site and building not to exceed the
sum of $75,000.
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
(he third time, and passed.
The title was amended so as to rea d : “A bill for the purchase
o f a site and the erection o f a public building at the city of
Greenville, Ala.”
FIFTH REGIMENT MARYLAND NATIONAL GUARD.
Mr. SM ITH o f Maryland. From the Committee on the Dis
trict o f Columbia I report favorably, with an amendment, the
joint resolution (S. J. Res. 153) granting to the Fifth Regiment
Maryland National Guard the use o f the corridors o f the court
house o f the District o f Columbia upon such terms and con
ditions as may be prescribed by the marshal o f the District of
Columbia, and I submit a report (No. 1135) thereon. I ask
unanimous consent for the present consideration o f the joint
resolution.
The amendment was, in line 8 , after the date “ March fourth ”
to insert “ nineteen hundred and thirteen,” so as to make the
joint resolution read:
Resolved, etc., That the marshal of the District of Columbia be, and
he is hereby, authorized to permit the Fifth Regiment Maryland N a
tional Guard to occupy and use the corridors of the courthouse of the
District of Columbia from 6 o’clock in the evening of March 3 to 7
o'clock in the evening of March 4, 1913, upon such terms and condi
tions as the marshal of the District of Columbia shall impose upon the
colonel of the Fifth Regiment Maryland National Guard.
The amendment was agreed to.
The joint resolution was reported to the Senate as amended,
and the amendment was concurred in.
The joint resolution was ordered to be engrossed for a third
reading, read the third time, and passed.
J a n u a r y 23,
Mr. JOHNSTON o f Alabama. From the Committee on Miff
tary Affairs I report back favorably with an amendment the
joint resolution (S. J. Res. 143) authorizing the Secretary 0f
W ar to loan certain tents for use at the meeting o f the Iinp0l
rial Council of the Ancient Arabic Order o f the Nobles of th
Mystic Shj'ine to be held at Dallas, Tex., in May, 1913, and r
submit a report (No. 1136) thereon.
Mr. CULBERSON. I ask for the present consideration of
the joint resolution.
Mr. CLARKE o f Arkansas. I am not going to object to im
present consideration, but I am going to ask if there is ailv
precedent for such action. I thought we carried the business
pretty fa r when w e began to lend tents for veterans’ reunions
Mr. JOHNSTON o f Alabama. I wish to say that there are
a number o f precedents.
Mr. CULBERSON. There are a number o f precedents.
Mr. JOHNSTON o f Alabama. The committee have reported
an amendment to the joint resolution providing that in future
there shall be no loan o f tents except to the Grand Army 0f
the Republic and the Confederate Veterans’ Association unless
in a case o f grave emergency.
Mr. CLARK E o f Arkansas. Leave out the grave emergency
business and it is all right, because every emergency will be a
grave one when they want to get something out o f the Gov
ernment. I have no objection to loaning tents to veterans of
the late war, but I am going to oppose any movement to com
mit the Government to contributing to every meeting that mav
be held.
I have not any prejudice against these particular people
The fact o f the business is, I am a member o f that organization!
I am not going to object to the consideration o f the joint resoJkrtion, but when it comes up for consideration I should like to
hear what is to be said in its favor.
The PRESIDEN T pro tempore. The joint resolution wiq
first be read.
The Secretary read the joint resolution, as fo llo w s:
Resolved, etc., That the Secretary of W ar he, and he is hereby, au
thorized to loan, at his discretion, to the executive committee of llella
Temple of the Ancient Arabic Order of the Nobles of the Mystic Shrine,
at Dallas, Tex., having in charge the arrangements for the meeting of
the imperial council of said order, to be held in Dallas, Tex., in May,
1913, such tents, with necessary flies, poles, ridges, and pins for each,
as may be required at said m eeting: Provided, That no expense shall be
caused the United States Government by the delivery and return of
such property, the same to be delivered to said executive committee of
Hella* Temple at such time prior to the date of such meeting as may ha
agreed upon by the Secretary of W ar and Mike H. Thomas, chairman
of said executive committee : Provided further, That the Secretary ofJ
W ar shall, before delivering such property, take from said Mike H/
Thomas a good and sufficient bond for the safe return of said property
in good order and condition, the whole transaction to be without ex
pense to the Government of tho United States.
Mr. SANDERS. I merely wish to say for the information of
the senior Senator from Arkansas that the emergency clause
was put in the joint resolution for the purpose o f taking care
o f people in times o f flood along the Mississippi River, in the
State o f Arkansas and other States.
Mr. CLARKE o f Arkansas. That bears no analogy to this.
This is an appeal to the charitable instincts o f Congress. It is
an appeal by well-to-do people who want to have a frolic.
I think the business o f supplying rations and tents on the
Mississippi River has been overworked. It ought to be stopped
or it ought to be investigated and its effect limited to actual
necessities that could not otherwise be provided against. There
is no possible analogy between that case and this one. The
business o f issuing tents and rations during the prevalence of
overflows on the Mississippi River has become an absolute
abuse. It ought to be looked into more closely than it is, and
wherever it is necessary it ought to be limited to cases of
necessity.
,
It is not a fact that that is a poverty-stricken land. It is
an exceedingly prosperous one under normal conditions, and the
people are generally able to withstand somewhat the effects
o f a single overflow, unless it is one o f the unprecedented over
flows like that which happened during the last season. Even
in that case there were demands made here which Senators
from that section o f the country refused to communicate to
Congress.
I have grown somewhat tired o f it, and when the subject
comes up again for consideration I take it for granted that
some o f us will have sufficient independence to ask even that
that matter be scrutinized with a view o f limiting it to actual
necessities, and not make it an investment for people who can
capitalize an outcry when calamities come upon them. The
whole business has been abused. This thing is a farce. There
is no reason why every particular organization that wants to
have an outing or a display should come to the Congress o f the
1913.
C N R SSIO A R C R —SE A .
OGE
NL EOD
N TE
United States and demand that a part o f the expense o f it
should be borne by the public.
I f we purchase immunity from similar requests in the future
by passing this particular joint resolution, it is a very good
investment for us to make, but I would leave out the qualifica
tion that it should only be approved in the case o f extraordinary
necessity. I forget the language indicated by the Senator from
Alabama, but there w ill always be an extraordinary emergency
whenever they want to get into the Treasury. Leaving out that
qualification— and I ask the Secretary to read the qualification
so that I may move to strike it out— so fa r as I am concerned,
I am willing to vote for this particular joint resolution, with the
understanding that w e have done something, at least, to disclose
the displeasure o f Congress at such utterly foolish expendi
tures o f public moneys. •
The PRE SID EN T pro tempore. The Chair w ill suggest to
the Senator that the proviso is an amendment proposed by
the committee; it-is not in the original joint resolution.
Mr. CLA RK E o f Arkansas. I want to amend the amend
ment when we reach that point.
The PRE SID EN T pro tempore. The amendment w ill be
stated.
The Secretaey. The Committee on M ilitary Affairs propose
to amend the join t resolution by adding, on page 2, line 9, after
the words “ United States ” and before the period, the follow
ing p rov iso:
Provided further, That hereafter no loan of tents shall be made
except to the Grand Arm y o f the Republic and the Confederate Veterans’
Association or when some grave and serious emergency exists.
1909
this time, but my reason for doing so is not the merit o f the
application, but because it affords an opportunity to permit
Congress to express itself in opposition to the entire business.
I think, therefore, that we ought to make an express, uncondi
tional notification to all such organizations that we have done
with that business; and we shall do that wrhen wre strike out
that saving clause and permit the joint resolution to go through
as a mere permission to this particular organization. That is
m y position about it.
Mr. SUTHERLAND. Let the committee amendment be again
reported.
The PRE SID EN T pro tempore. The amendment will be
again read.
The S ecretary . The com m ittee proposes to add to the jo in t
resolu tion the fo llo w in g p r o v is o :
rru v iu e u r u n n e r
xaar nerearter no loan of tents shall be made ex
cept to the Grand Army of the Republic and the Confederate Veterans’
Association, or when some grave and serious emergency exists.
Mr. SUTHERLAND. Mr. President, I do not object to the
consideration o f the joint resolution at this time, but I intend
to vote against it. The proposed amendment, in the form o f a
proviso, is itself a confession that the joint resolution is abso
lutely wrong, as I think it is. W e are here in a representative
capa city; we have a right to be generous with our own property,
to give it away if we please, and let other people use it if we
please; but we have no business to be generous with the prop
erty o f the United States. The loaning o f these tents for this
purpose is bound to be o f expense to the Government. The
wear and tear upon them nobody can foresee. They are sub
ject to damage by the elements, by becoming wet and dirty ;
and nobody can tell how much damage, that can not be esti
mated and can not be recovered under this bond, w ill be caused
to the Government o f the United States. I think it has been a
thoroughly bad practice in the past, and if we are going to
stop it at all we ought to stop it now.
The PRE SID EN T pro tempore. The question is on the
amendment proposed by the Senator from Arkansas [Mr.
C l a r k e ] to the amendment o f the committee, which w ill be
stated.
The S e c r e t a r y . It is proposed to strike out from the proviso
the words “ or when some grave and serious emergency exists.”
Mr. BRANDEGEE. Mr. President, I want to ask the Senator
from Arkansas, who proposed the amendment to the amendment,
why is it necessary to foreclose ourselves against loaning tents
if there should really be a grave and serious emergency?
Mr. CLA RK E o f Arkansas. W e can not foreclose ourselves
from doing anything that a subsequent Congress might see
proper to do on this particular question.
Mr. BRANDEGEE. Well, then, what is the use o f the amend
ment at all?
Mr. CLARK E of Arkansas. A s the language now is, it is a
standing intimation that if they make their claim loud enough
and wide enough it will come within some exception. My pur
pose is to utilize this occasion as a notification to all sim ilar
organizations that w e have done with this business.
Mr. BRANDEGEE. I am in sympathy with the Senator in
that respect, and I am not sure that I shall vote for the join t
resolution an yw ay; but if we are to loan tents to the two organi
zations mentioned in the amendment it seems to me that there
is no reason for saying w7 would not, if a grave emergency
e
should arise, loan tents, for instance, to the Red Cross or some
institution that was engaged in alleviating distress.
Mr. CLARK E o f Arkansas. Mr. President, the Senator quite
misapprehends my purpose if he thinks I intend to incorporate
into the joint resolution affirmative language to the effect that
we w ill not hereafter do this. I want to consider each applica
tion on its own merits, without being bound in advance to
treat it in any particular way. I think that each application
should be considered on its own merits. That certainly ought
to apply to a case o f emergency-and distress. I am not seeking
to put into this joint resolution a statement that hereafter we
never w ill do anything o f the kind, but I want to exclude from
it an intimation that “ we w ill do it if you can make your
clamor loud enough.”
Arr BRANDEGEE. I think the debate which has taken place
•„ sufficient notice for the future without the amendment.
Mr CLARK E o f Arkansas. I think it would be better to have it in specific terms.
., ^
Mr CULBERSON. Mr. President, in answer to the sugges
tion o f the Senator from Utah [Mr. Sutherland ] I want to
invite his attention to tlie second proviso o f the join t resolution:
P r o v e d , tu r n e r T
hat t h e S e g t a g
Mr. CLARK E o f Arkansas. I move to strike out the words
or when some grave and serious emergency exists.”
The PRE SID EN T pro tempore. The Chair wfill first------Mr. CULBERSON. Mr. President-----The PRE SID EN T pro tempore. The Chair w ill first inquire
i f there is objection to the present consideration o f the joint
resolution?
There being no objection, the Senate, as in Committee o f the
"Whole, proceeded to consider the joint resolution.
The PRE SID EN T pro tempore. The question is on the amend
ment proposed by the Senator from Arkansas [Mr. Clarke ] to
the amendment reported by the committee. The Senator from
Texas.
Mr. CULBERSON. Mr. President, I want to say a w ord in
reference to this join t resolution. The statement that this
will be an expense to the United States is a mistake. The
United States are protected by a bond to be approved by the
Secretary o f W ar against all damage to the tents which may be
loaned. The Government is held harmless against the expendi
ture o f any money at all by this bond.
So far as the precedents are concerned, there are a number
o f them outside o f the Confederate veterans and the Grand
Arm y o f the Republic, some o f which I w ill n o te :
Joint resolution o f May 14, 190S, authorizing the loan o f tents
to the Benevolent and Protective Order o f Elks for their na
tional convention at Dallas, Tex.
Joint resolution o f June 25, 1910,, authorizing loan o f tents to
the Elks for their national convention at Detroit, Mich.
Joint resolution o f June 25, 1910, authorizing loan o f tents
to the Appalachian Exposition at Knoxville, Tenn.
Joint resolution o f January 27, 1909, authorizing loan o f
tents to the inaugural committee, Washington, D. C.
Joint resolution o f February 17, 1909, authorizing loan o f
tents to the International American Gymnastic Union, for their
celebration at Cincinnati, Ohio.
These precedents show that there have been numberless cases
in which the tents o f the United States have been loaned to
civic associations, such as the Shrine, which is covered b y the
joint resolution now7 under consideration. Therefore, I say,
in the first place, it is not unprecedented, and, in the next place,
it will cost the Government o f the United States comparatively
nothing, if indeed anything at all. I hope the joint resolution
Will pass.
Mr. CLA RK E o f Arkansas. Mr. President, I was not aware
that the abuse had proceeded to the extent that seems to be
indicated by the list o f instances read by the Senator from
Texas. I thought it w as merely in its infancy. It seems to be
an old offender. That form idable array o f instances collected
by the Senator from Texas seems to have impressed the com
mittee only in one way, and that was that the business ought
to be stopped, and that in order to stop it it is only willing that
it might be exercised one more time. I am going to accept the
judgment o f the committee on that; but I want to eliminate
f» P
theyiafS
ol laid property in good order and condition.
the clause that seems to be a standing invitation to bring sub S
Showing that the bond covers even the wear and tear o f the
sequent applications within a certain saving clause. I am per
fectly willing to permit this joint resolution to go through at tents.
“
C N R SSIO A R C R —SEN
OGE
NL EOD
ATE.
1910
Mr. JOHNSTON o f Alabama. Mr. President, I desire to say
that the committee adopted the amendment for the purpose o f
giving notice at this time to all organizations that hereafter the
intention o f the Senate is not to grant the loan o f tents except
to the Grand Army o f the Republic and the Confederate Veter
ans’ Association, in order to cut off, so fa r as w e can, requests
that we may hereafter have.
The PRESIDEN T pro tempore. The question is on agree
ing to the amendment o f the Senator from Arkansas [Mr.
C l a r i c e ] to the amendment o f the committee.
. —■ a
•
The amendment to the amendment was agreed to.
A*
The amendment as amended was agreed to.
The joint resolution was reported to the Senate as amended,
and tlie amendment was concurred in.
The joint resolution was ordered to be engrossed fo r a third
reading, and read the third time.
Mr. BRANDEGEE. Let us have a yea-and-nay vote on the
/ passage o f the joint resolution.
The PRESIDENT pro tempore. The question is, Shall the
Ljoint resolution pass?
vS2dr. ROOT. I ask for the yeas and nays, Mr. President.
The yeas and nays were ordered, and the Secretary proceeded
to call the roll.
Mr. RICHARDSON (when his name was ca lled ). I have a gen
eral pair with the Senator from South Carolina [Mr. Sm ith ],
and therefore 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 ] .
I will transfer that pair to the Senator from Virginia [Mr.
M a r t i n ] and vote.
I vote “ yea.’’
Mr. K ERN (when the name o f Mr. Smith o f South Carolina
was called). I make the announcement for the day that the
junior Senator from South Carolina [Mr. S m ith ] is detained
from the Senate on account o f illness in his family.
The roll call was concluded.
Mr. LODGE. I notice that the junior Senator from Georgia
[Mr. Sm ith ], with whom I have a pair, did not vote. I transfer
that pair to the Senator from New Mexico [Mr. F all], and w ill
allow my vote in the negative to stand.
Mr. LIPPITT. I transfer my pair with the senior Senator
from Tennessee [Mr. L ea ] to the junior Senator from Nevada
[Mr. Massey ] and will vote. I vote “ nay.”
Mr. SHIVELY. I desire to announce that both the senior
Senator from Georgia [Mr. B acon] and the junior Senator from
Georgia [Mr. Sm ith ] are absent on account o f illness.
Mr. THORNTON. I wish to announce the necessary absence
from the Chamber o f my colleague [Mr. F oster] on account of
illness in his family.
Mr. SWANSON. I desire to announce that my colleague
[Mr. M a r t i n o f Virginia] is unavoidably detained from the
Senate. I make that announcement for the day.
Mr. CHILTON. I desire to make the announcement as to my
colleague [Mr. W a t s o n ] that he is unavoidably absent and is
paired with the Senator from New Jersey [Mr. B r i g g s ] .
Mr. STONE. I desire to announce that my colleague [Mr.
R eed] is unavoidably absent. I make this announcemnt for the
day.
Mr. JOHNSON o f Maine. I wish to announce that my col
league [Mr. Gardner] is necessarily detained from the Chamber
upon important public business.
The result was announced— yeas 45, nays 22— as follow s:
V
J
Ashurst
Bankhead
Bourne
Bradley
Brown
Bryan
Catron
Chilton
Clark, Wyo.
Clarke, Ark.
Culberson
du Pont
Brandegee
Bristow
Burnham
Burton
Crawford
Cullom
Bacon
Borah
Briggs '
Chamberlain
Clapp
Crane
( ’urtis
Y E A S — 45.
Fletcher
Newlands
Gal linger
O’Gorman
Gronna
Overman .
Hitchcock
Paynter
Percy
Jackson
Johnson, Mo.
Perkins
Johnston, Ala.
Pomcrene
Shively
Jones
Simmons
Kern
Smith, Ariz.
McLean
Smith, Md.
Martine, N. .T
.
Smith, Mich.
Myers
N A Y S— 22.
La Follette
Cummins
Lippitt
Dillingham
Lodge
Dixon
Nelson
Gamble
Oliver
Guggenheim
Page
lleiskell
NOT VOTING— 28.
McC umber
Fall
Martin, Va.
Foster
Gardner
Massey
( lore
Owen
Johnston, Tex.
Penrose
Kenyon
Perky
Lea
Keed
So th e jo in t re so lu tio n w a s
passed.
\
Smoot
Stephenson
Stone
Swanson
Thomas
Thornton
Tillman
Townsend
W illiam s
Poindexter
Root
Sanders
Sutherland
Richardson
Smith, Ga.
Smith, S. C.
Warren
Watson
Wetmore
Works
January
BILLS INTRODUCED.
Bills were introduced, read the first time, and, by unanimous
consent, the second time, and referred as follow s:
By Mr. PEN RO SE:
A bill (S. S245) granting an annuity o f $100 to officers and
enlisted men o f the United States Army, Navy, and Marine Corps
who ha ye been awarded medals o f honor for gallantry in active
and other soldier-like qualities under acts o f Congress, and
authorizing the President o f the United States to make rules
'and regulations for carrying the act into e ffe ct; to the Conn
mittee on Military Affairs.
By Mr. JONES:
A bill (S. 8240) forbidding the use o f spurious currency, and
for other purposes; to tlie Committee on Finance.
By Mr. CLARK o f W yom in g:
A bill (S. 8247) authorizing the Northern Arapahoe Tribe of
Indians residing on the Wind River Reservation in W yoming to
II
pbrnit claims to the Court o f Claim s; to the Committee on
idian Affairs.
By Mr. N ELSON:
) A bill (S. 8248) to extend the time for constructing a bridge
across the Mississippi River at Minneapolis, M inn.;
A bill (S. 8249) to extend the time for constructing a bridge
across the Mississippi River at Minneapolis, M inn.;
A bill (S. 8250) to extend the time for constructing a bridge
across the Mississippi River at Minneapolis, M inn.; and
A bill (S. 8251) to extend the time for constructing a bridge
across the Mississippi River at Minneapolis, M inn.; to the Com
mittee on Commerce.
By Mr. T IL L M A N :
A bill (S. S252) authorizing James Sottile. his heirs and
assigns, to construct, maintain, and operate a bridge and ap.
proaches thereto across Cooper River, Charleston County, S. c.
and also a bridge and approaches thereto across Shem Creek
Charleston County. S. C .; to the Committee on Commerce.
By Mr. B U R T O N :
A bill (S. 8253) granting a pension to Ellen C. Beam (with
accompanying paper) ; to the Committee on Pensions.
By Mr. GUGGENHEIM :
A bill ( 8 . 8254) granting a pension to Henry C. D oll; and
A bill (S. 8255) granting an increase o f pension to Daniel
Cressman (w ith accompanying papers) ; to the Committee on
Pensions.
A bill (S. S25G) for the relief o f Am os A bbott; to the Com
mittee on Military Affairs.
By Mr. O’GORMAN:
A bill (S. 8257) granting a pension to Judson r . Adams
(w ith accompanying paper) ; to the Committee on Pensions.
By Mr. C U R T IS :
A bill (S. 8258) granting an increase o f pension to John W.
Shults; to the Committee on Pensions.
B y Mr. M cCU M BER:
A hill (S. 8259) to provide for the retirement and longevity
pay for certain medical officers o f the A rm y; to the Committee
on M ilitary Affairs.
By Mr. B O U R N E :
A bill (S. S2G0) granting an increase o f pension to Horace M.
Patton (w ith accompanying papers) ; to the Committee on Pen
sions.
.A
RETIREM EN T OE CIVIL SERVICE EM PLO YEES.
Mr. PENROSE submitted an amendment intended to be pro
posed by him to the bill (S. 7887) to provide for the retirement
o f employees in the civil service, which was referred to the Com
mittee on Civil Service and Retrenchment and ordered to be
printed.
A M E N D M E N TS TO APPROPRIATIO N BIL LS.
Mr. LODGE submitted an amendment proposing to appro
priate $85,500 for improving tlie harbor at Plymouth, Mass.,
intended to be proposed by him to the river and harbor appro
priation bill, which was referred to the Committee on Com
merce and ordered to be printed.
He also submitted an amendment proposing to appropriate
$2 0 0 ,0 0 0 for continuing the work upon the substructure of tlie
breakwater at Sandy Bay Harbor o f Refuge, Mass., intended to
be proposed by him to tlie river and harbor appropriation bill,
which was referred to the Committee on Commerce and ordered
to he printed.
Mr. CULBERSON submitted an amendment proposing to in
crease the appropriation for regular supplies, Quartermaster
Corps, from $7,634,553 to $7,GGO,153, and appropriating there
from $25,600 to provide a necessary heating apparatus in any
building which may be constructed in connection with Fort
Bliss, Tex., etc., intended to be proposed by him to the Army
appropriation bill, which was referred to the Committee on
Military Affairs and ordered to be printed.
J !f
191°
CONGRESSIONAL KECOED— SENATE.
1951
THE NAVAL OBSERVATORY.
Mr. CUMMINS submitted tlie follow ing resolution (S. Res.
1 1 0 ), which was read, considered by unanimous consent, and
agreed to :
R es o lv ed , That the Committee on Naval Affairs is hereby authorized
and directed to investigate the affairs of the Naval Observatory and
its relation to the American Epliemeris and Nautical A lm an a c; and,
furl her, to inquire into the wisdom and propriety of placing the man
agement of the Naval Observatory in the hands of scientists, without
regard to their connection with the Navy of the United States.
jd te so h e d further, That the said committee be directed to make rebrt of the matters herein referred to it as soon as practicable.
EIGIIT-IIOTTR LAW .
The PRESID EN T pro tempore. Is there further morning
business?
Mr. M cCTM BER. I do not know positively whether it
would come within morning business, but I asked the other
day for a reconsideration o f the vote upon House bill 18787,
hy which the eight-hour law was applied to dredging opera
tions. I should like to bring up that matter at this time.
The PRE SID EN T pro tempore. Unquestionably the Senator
lias a right to make the motion now.
Mr. McCUMBER. I then move to reconsider the vote by
which House bill 187S7 was passed by the Senate.
The PRE SID EN T pro tempore. The Senator from North
Dakota moves to reconsider the vote by which the bill he lias
indicated was passed. It will be read by title.
The S e c r e t a r y . A bill (II. R. 18787) relating to the limita
tion o f the hours o f daily service o f laborers and mechanics
employed upon a public work o f the United States and o f the
D istrict o f Columbia, and o f all persons employed in construct
ing, maintaining, or improving a river or harbor o f the United
States and o f the D istrict o f Columbia.
Mr. McCUMBER. I do not wish to take any time for its
consideration more than is absolutely necessary, and as I have
before me some prepared objections to the bill, I should like to
have them read by the Secretary.
The PRE SID EN T pro tempore. Without objection, the Sec
retary will read as requested.
The Secretary read as follow s:
“ KICIIT HOURS FOR DREDGE WORKERS.
“ Memorandum ou It. It. 18787, now on the calendar of the Senate.
“ There are several methods o f dredging:
. “ ;b The bucket or clam-shell method, by which the material
dug from the bottom o f the channel and dumped into a barge
alongside, to he subsequently dumped elsewhere.
“ b. The suction method, where the dredge sucks up and dis
charges the excavated material through a pipe line, oftentimes
several miles in length.
“ o. The method where the dredged material is sucked up
and pumped into bins in the hull of the dredge or into barges
alongside and taken to sea and dumped.
“ d. The endless-chain and bucket dredge, which is a series
o f buckets on an endless chain which also dumps the material
either into the hull o f the dredge or into a barge alongside,
which subsequently dumps it elsewhere.
“ In all o f these cases the work o f the dredge workers is
necessarily intermittent, they having little or nothing to do ex
cept to change the position o f llio barges or the dredge as the
various compartments o f the same are filled or the work re
quires a shifting in the position o f the dredge or the floating
Pipe line, etc.
“ The loss o f time due to the necessity o f those changes is
a very considerable matter, and it frequently occurs that the
tugboat used in taking away the filled barges and replacing
empties is delayed and the dredge has to suspend operations
until such time as the tugboat can make the transfer. During
sneh periods dredge workers have nothing to do and can sit
around and smoke their pipes in comfort, until it becomes
necessary for them lo handle the lines to make the barges fast
in position alongside the dredge or to effect a change In the
position o f the dredge or (he floating pipe line.
It also frequently occurs that by reason o f stress o f weather
dredging operations have to be suspended, but inasmuch as all
dredge w orkers are paid by tlie month and are provided with
quarters and with subsistence on board, this stress o f weather
is a direct loss to (he dredge owner, as under such conditions no
work can be done. The dredge worker therefore renders no
service, but at the same time suffers no reduction in pay or
ioss o f quarters or subsistence, and under existing conditions
1 lie average day's work, month in and month out, w ill show
ilia! the dredge worker is actually engaged in labor but a com
paratively few hours out o f the 24; that is to say, his average
tlallv labor every 30 days is less than eight hours per day.
“ While it is true that the bill H. R. 18787, as amended by
the Senate committee, restricts to eight hours w ork per day
those who are engaged on the dredges in the capacity o f engi
neers, enginemen, laborers, and others who are directly con
nected with the handling o f the machinery and tools o f the.
dredge, yet it remains a fact, that these dredge workers, by
reason o f the fact that they are paid by tlie month and pro
vided with quarters and subsistence and live on board the
dredges, which are anchored offshore and engaged in w ork
in a channel o f a river or harbor, that this character o f work
is substantially the same as that rendered by persons in tlie
field engaged in agriculture, wlio likewise are paid by the
month and provided with quarters and subsistence and who
e required to labor and do labor from sunrise to sunset. Yet
tftese favored few dredge workers are by this special act to have
w la t virtually amounts to an increase in pay o f 3 3 -J per cent,
w lic h increase must he paid for out o f tlie pockets o f the peopl I, because o f the fact that it w ill result in large increased
cofct in dredging, which additional cost is therefore a burden
Upon the very agricultural classes who are required to work
•om 1 2 to 16 hours per day.
“ There is no doubt but that the reduction o f ihe hours from
2 to 8 w ill increase Ihe cost o f river and harbor im prove
m ents; it was so admitted by Gen. Bixby, the Chief o f Engi
neers, at the hearing before tlie Senate committee in charge o f
this bill.
“ Now, assuming for (be sake o f argument that the last
river and harbor act, which became a law at this session, ap
propriated $40,000,000, and that subsequent acts which, it is
understood, are to he passed annually for river and harbor im
provements, carry a like amount, it means that something over
$ 1 0 ,0 0 0 ,0 0 0 annually w ill be required to do the same amount o f
work, or about one-third o f the work w ill have to remain,
unprovided for in order to keep the Dill within the same lim it o f
expenditure— all this to benefit the few at the expense o f the
many.
“ Furthermore, this Congress lias already enacted an eighthour law, which w as approved June 19, 1912. and which, like
this bill, contains a provision that it shall not apply to con
tracts that may be entered into under existing appropriations,
thus clearly showing that existing appropriations are not suf
ficient to enable the Government to do the work contemplated
by such appropriation act if such work is to bo performed under
the eight-hour law thus enacted.
“ It is safe to say that the law. like that which it is now
aimed to enact for the benefit o f the dredge workers, w ill also
be an additional charge upon the Government o f at least
$1 0 ,0 0 0 ,0 0 0 or $2 0 ,0 0 0 ,0 0 0 per year, all o f which is made neces
sary because o f tlie unreasonable demands o f organized labor,
and that this $ 1 0 ,0 0 0 ,0 0 0 to $2 0 ,0 0 0 ,0 0 0 is to be borne largely
by tlie agricultural population, which is to be taxed out o f
their earnings gleaned from the sweat o f their brow in the
field from sunrise to sunset, their day’s work being almost
double that demanded and insisted upon by these dredge w orkers
as a full day’s w ork ; thus this special class which, as organ
ized, is holding up the Government at the expense o f other
labor which is engaged in cultivating products o f the soil
and which constitutes a large portion o f the Nation's wealth.”
Mr. McCUMBER. Mr. President, 1 do not know how this
bill got to the committee that reported it. It seems to mo that
the proper reference would naturally have been to the Commit
tee on Commerce, where one would look for bills o f this kind to
g o ; but I do not know that that makes any particular differ
ence.
I have had this little statement read. I do not know how
many Senators were paying attention to it, but I think those,
if there were any, who paid attention to its reading, can easily
see that w e are carrying this matter o f fixing hours o f labor to
extremes. I think we w ill all agree that if a laborer perform s
eight fu ll hours o f good, honest service a day it is perhaps bet
ter for him and better for the country at large that his labor
should not extend beyond that many hours; but the conditions
are such in many vocations that the work must necessarily be
intermittent. In this particular case, Mr. President, as shown
by the statement ju st read, which I think is undenied, there is
not an average o f eight hours a day labor perform ed by any
man in any o f the service contemplated. Those men are'hired
by the month and not by the day. They must necessarily rest
at intermittent times and probably sit and sm oke; they are im
prisoned upon a ship or barge, living there and hoarding there.
I do not think that any benefit is to bo obtained fo r the laborers
themselves by providing that they must sit around the re
mainder o f the few hours in which they might put in a full
day’s work. By a “ fu ll day’s work ” I mean eight fu ll hours’
work a day.
Mr. President, this is not alone an injustice, it seems to me,
to all the people o f the country, though it must affect very ma-
1952
C N R SSIO A R C R —SEN
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terially tlie cost o f all Government work in the improvement of
our rivers and harbors. Practically 00 per cent, at least, o f
all the dredging would apply to river and harbor w ork ; and I
think it is shown quite conclusively here that the cost would be
from a quarter to a third more on account o f the enactment o f
this bill, and that where heretofore we have appropriated
.$40,000,000 for rivers and harbors w e should now have to ap
propriate $50,000,000 to accomplish the same result.
I speak o f it also, however, as an injustice to other labor.
To show to what extent such legislation is influencing labor in
the agricultural districts, I want to say that we in our State
were unable this fall to procure labor at $4 a day, and even $5
per day was offered upon farms. In some sections o f our State
the crops were ruin ed; the winter came on and the shocks were
covered with snow. Immense losses were sustained by the farm
ers o f my State because they could not get labor. W hy? Be
cause in "all other Hues o f industry we have enacted laws that
prohibit labor for any greater length o f time than eight hours
in each working day. The farm day is about 10 hours in each
<iay_ all the way from 1 2 to 1 0 hours— so that kind o f labor
will be very much cheaper per day and the laborer w ill there
fore remain in the city rather than go to the farm.
I speak o f this simply as an injustice to the farm labor o f the
country. I f we are going to have an eight-hour-a-day system,
it ought to apply everywhere; but, Mr. President, you can see
how impossible it is to apply a system o f that kind in our rural
districts, and how those rural districts must necessarily suffer,
because the effect o f such a law is to drive all labor away from
the farm.
But more particularly I object to this proposed legislation, Mr.
President, because it would be an injustice to the country, for it
really enforces less than eight hours per day labor, and would
in effect compel eight-hour pay for five and six hours o f actual
labor performed.
It seems to me that this matter ought to have a reconsidera
tion and be again at least voted upon after a proper time for a
hearing. It was taken up the other day, as I understand, when
very few Senators were in the Chamber. It had been objected
to by one o f the Senators because it was understood that the
Senator from Minnesota had some amendments to offer. I
made no objection that day, but the next day, while I was ab
sent, the bill was suddenly called up and passed. I make no
criticism o f the method that was adopted, but merely explain
what might be considered lack o f diligence on my own part.
Mr. SHIVELY. Mr. President, this is a House bill. On
reaching this Chamber it was referred to the Committee on
Education and Labor. It relates to the application o f the eighthour-day principle in a certain department o f Federal employ
ment. The subject matter o f the bill naturally and logically
falls within the jurisdiction o f that committee, and its reference
by the Chair to that committee was manifestly proper. So far
from being an improper reference, the bill, without clear impro
priety, could not have been referred to any other committee.
On the contention o f the senior Senator from North Dakota
that the bill has not had adequate consideration, I must appeal
from the Senator to the facts disclosed by the record. The bill
went to the committee months ago. Hearings were had before
the committee. The fullest opportunity was accorded to all
interests concerned to be heard on its provisions. The bill was
finally reported to the Senate, and for months has been on the
Senate calendar. Last week I called it up and secured unani
mous consent for its present consideration. The legislative,
executive, and judicial appropriation bill was then in the Sen
ate and in process o f consideration. I had assured the Senator
in charge o f that bill that I would not insist on consideration at
that time should it become apparent that the measure would
lead to extended debate. That was the situation when the Sen
ator from Arkansas [Mr. C l a r k e ] stated that he wished time
to examine the bill further and to prepare an amendment that
he had in mind to offer to it, and appealed to me to let the bill
go over for that day. On that appeal, and because o f the as
surance to the Senator in charge o f the appropriation bill, I
felt constrained to consent to allow the bill to go over until a
later day.
On last Monday I again called up the bill, and received the
unanimous consent o f the Senate for its consideration. There
w as a series o f amendments reported by the committee. Each
o f these was considered and acted on in its order. Besides the
committee amendments the Senator from Arkansas [Mr.
C l a r k e ] offered his amendment and stated its purpose; the
amendment was adopted and finally the bill was passed. There
was a fa ir attendance in the Senate; the attendance was not as
thin as the words o f the Senator from North Dakota might im
press us that it was. The bill had received careful considera
tion in the committee. It received more than the average con-
J axuaky ^4
sideration in the Senate. Nothing unusual or surreptitious O
o
curred in handling the measure, and certainly no advantage \
v.,
taken o f any Senator.
13
Much o f what the Senator from North Dakota [Mr. McOc\
b e r ] says in regard to this bill would apply equally well as !'
general objection to the principle o f any eight-hour law
Federal work. T h is bill contemplates no organic change of
policy 011 the part o f the Federal Government on the subject of
the length o f the work day. That policy was projected over 40
years ago. All question on the subject was supposed to h
finally foreclosed by the act o f 1892, which, after the enacting
clause, commences with these w ords:
*
»
S e c t i o n 1. That the service and employment of all laborers am
mechanics who are now or may hereafter be employed by the Govern
ment of the United States, by the District of Columbia, or by any
!1
'
tractor or subcontractor upon any of the public works of the Uniioi
States or of the said District of Columbia, is hereby limited and
stricted to eight hours in any one calendar day.
‘ le'
The act is in three sections, but the lines I have quoted con
tain the words to which I direct the attention o f the Senate
When that act became law no one dreamed that the words
“ laborers and mechanics ” did not comprehend the dre<De
workers on Government work. There is certainly no language
in the statute expressly excepting dredge workers from the
operation o f the act and none which would even remotely
gest any purpose to make them the subject o f an exception
But when the case o f Ellis et al. v . United States came on f0j
decision by the United States Supreme Court in 1907, the court
held that these dredge workers fall within the category o f sea.
men and are subject to maritime jurisdiction, and do not fa\j
within the description o f “ laborers and mechanics ” under tUe
act o f 1892. This was done by regarding the work of the
uredgeman in moving the dredge or scow rather than his worlo f excavation as the paramount function o f his employment
thus giving him the character o f sailor and excluding him from
the benefits o f the act. In a minority opinion, three of the
justices sharply dissented from the view o f the majority 0n
this point and insisted that whatever the dredgeman did in the
nature o f seaman’s work was a mere incident to his employment,
in the work o f excavation. From 1S92 to 1907 it was believed
by the Federal authorities that dredge workers were covered
by the language o f the act. It w as on this theory that the
prosecutions were started which resulted in the decision o f the
court in 1907. The bill passed by the Senate, and on which
reconsideration is now moved, supplies a manifestly unintem
tional omission in the act o f 1S92.
Mr. McCUMBER. Mr. President------ The PRESID EN T pro tempore. Does the Senator from Iu.
diana yield to the Senator from North Dakota ?
Mr. SHIVELY. Yes.
Mr. McCUMBER. For information, may I ask the Senator
right hero if there is not a change proposed in the bill, and that
is that the eight hours must be computed in continuous hours
and therefore if only six hours o f work were performed— or five
hours or four hours or three hours— it must be counted eight
hours if it is done, say, between 2 o’clock and 4 o’clock, or be
tween any other hours?
Mr. SHIVELY. The bill prescribes precisely the same con
ditions for dredge workers as to length o f workday as are pre
scribed by the general eight-hour law for workers on other
public works o f the United States.
Mr. McCUMBER. W hat I want to get at, if the Senator will
pardon me, is whether or not dredge workers w ill actually work
eight full hours in any one day if they are covered by this bill?
Mr. SHIVELY. This is simply a bill to extend to dredge
workers the same law that now applies to other workers on
Government work, and this whatever may be the incidents of
that employment. I f in the very nature o f the employment
there are, on occasions, spaces o f time when they are not en
gaged in active physical exertion, that is one o f the incidents of
the occupation. For this no exception is made, and if the con
dition is inseparably incident to the employment no exception
Is practicable.
W hat the Senator says as to the length o f hours o f labor in'
certain other occupations is true. W hat he says o f long hours
o f labor on the farm is true. I have experience in that respect.
A s a farm lad in certain seasons o f the year I worked on the
eight-hour rule— eight hours before noon and eight hours after
noon. The exigencies o f season and weather are peculiar to
farm life. But the consideration which the Senator raises on
this point again goes to the whole question o f the policy o f the
Federal Government as to hours o f employment on public work
and certainly is not special to this bill. It is too late to insist
with justice that dredge' workers should be exceptions to that
policy.
- - _________
1013
C N R SSIO A R C R —SEN
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1953
The Senator says that these dredge workers are imprisoned on
Mr. President, I think this bill should be reconsidered, though
the dredges, that they virtually live on the dredges, labor under the Senate has already enacted into law the general principle
peculiar conditions, and that their case should be considered embodied in it.
with reference to these conditions. That conditions on the
Mr. SHIVELY. The question is still on the motion to recon
dredges, scows, and tugs are in certain respects quite different sider. I do not propose to enter on a further general discussion
from conditions off o f them is true. But the fact that it is a o f the bill. Not a single new question has been raised. Every
condition o f (his employment that the men are deprived o f the phase o f the subject presented by Senators was thrashed out
associations, the comforts, the cheer, and consolations o f home before the committee. Some o f the considerations raised are
life hardly furnishes a good reason why they should he deprived provided for by amendments now in the bill. Others will be
o f (he security and benefits o f the act o f 1S92.
found on reflection to be more fanciful than real, except as they
Now, Mr. President, if it is proposed to reverse the policy en apply against any legislation whatever on the subject o f the
tered on by the Federal Government over 40 years ago, and imi Government workday. Enough has been said to suggest doubt
tated by a large number o f the States, there is room for an o f the fate o f this legislation at this session should the motion
issue. I f the wisdom o f the policy is conceded, then there is no to reconsider carry. I trust, when made, the motion to table
room for an issue on this bill. Every objection and considera w ill prevail.
tion raised in the communication read from the Clerk's desk
Mr. SMOOT. I should like to ask a question o f the Senator.
was thoroughly thrashed out before the committee. After Is this not a House bill?
Mr. SHIVELY. It is.
Patient attention to the subject, the bill was reported by the
committee and passed by the Senate. W hile I do not seek to
Mr. SMOOT. Then I do not see how it is going to be jeop
foreclose any Senator who desires to submit further observa ardized by a reconsideration.
Mr. SHIVELY. There has been a series o f amendments to
t i o n s to-day on this matter against an opportunity to do so, it
must be understood that I shall move to lay the motion to re- ith e bill adopted by the Senate. These render it necessary for
consider on the table.
tlie bill to go back to the House. To throw the measure bac-k
Mr. BURTON. Mr. President, I trust the Senator will with* into the Senate w ill unquestionably hazard final action on it.
Mr. SMOOT. It has not gone to conference yet, has it?
h o ld that motion until I can make a few remarks on the
Mr. SHIVELY. It has not. On the day follow ing its passage
subject.
The PRE SID EN T pro tempore. Does the Senator from Indi- by the Senate the motion was entered to reconsider the vote by
which it was passed. I understand that that motion is keeping
aUil withhold the motion?
Mr. SHIVELY. I withhold it; but I serve notice o f my it here.
Mr. SMOOT. My point was that it did not go to the H ou se;
Intention to make the motion.
Mr. BURTON. Mr. President, I think this bill should have it was recalled before the conferees met on the bill, w as it not?
Mr. SHIVELY. The effect o f the motion to reconsider was to
further and more careful consideration in the Senate. I do
hot say that I intend to vote against it, nor do I agree with some keep the bill in the custody o f the Senate until the motion to
° f the statements made in the paper read at the desk. That reconsider is disposed of. At all events, that has been the effect
statement fails to recognize the legislation recently adopted by o f the motion in this case. It is not the case o f a bill recalled
Congress, making eight hours a day’s work. W e have passed from the House. The bill not having gone back to the House, o f
some very advanced legislation in this regard. I do not agree course, the House has had no occasion to appoint conferees.
with the estimate o f the greatly increased cost o f river and
Mr. SMOOT. Mr. President, this is a matter o f great impor
harbor work. W hile I am not sure that I heard it exactly, tance. I believe in the principle involved, and perhaps would
the statement seemed to imply that the cost o f river and harbor vote for the bill ju st as it is ; but I believe it ought to be dis
work would be increased one-fourth or one-third by the pas cussed, as stated by the other Senators. .1 do not believe tliG
sage o f this bill, though, no doubt, it would cause a substantial Senator ought to object to a reconsideration o f it. W e can re
increase.
consider it within a very few days. I do not believe there will
I do not think any such serious result would follow. A very be any objection within that time.
Mr. SHIVELY. I want to observe every obligation o f cour
large share o f river and harbor work is in other lines than in
dredging, such as in the building o f breakwaters and masonry tesy, but this can not require me to consent to throw this bill
Work. But I do think this matter should be considered more back into the Senate and take the chance o f its death, not from
fully, because o f the intermittent quality o f the work o f these any lack o f merit but from lack o f time. Mr. President, I move
dredgers. They are oftentimes occupied only for an hour at a to lay the motion to reconsider on the table.
Mr. NELSON. Mr. President, I hope the Senator w ill w ith
time, then there may be an interval o f three or four hours,
then another hour. So the question arises whether the eight- hold that motion for a moment.
The PRE SID EN T pro tempore. Does the Senator from In
liour rule should be enforced as suggested in this statute. As
diana yield to the Senator from Minnesota?
it came from the House, it provided:
Mr. NELSON. I merely desire to make a brief statement.
Service and employment * *
* is hereby limited and restricted
to eight hours in any one calendar day, which eight hours shall teriniMr. SHIVELY. Certainly. I do not want to prevent the
Date within nine hours from beginning of workday.
Senator making any statement he may desire to make. I with
From the beginning o f his work to the termination o f nine hold the motion for that purpose.
hours, the dredger might not have three or even two or one
Mr. NELSON. Mr. President, this bill relates particularly
hour’s work to do. It is chauged in the Senate— though the to the matter o f the operation o f Government dredges in con
change is not very substantial— to read as follow s:
nection with our river and harbor improvement work. When
, Which eight hours shall be continuous except for customary intervals the bill was introduced and referred to the Committee on Educa
ior meals or rest.
tion and Labor, it escaped my attention. It ought to have gone
W hich would probably -be the interpretation o f the statute tc the Committee on Commerce. That committee lias the con
sideration o f all river and harbor improvements. In that con
Jf il were passed In the form in which it came from the House.
Ns I understand, also, this bill applies to other employees, nection, that committee has the consideration o f everything
such as waiters and others on hoard the boats, whose work pertaining to shipping and navigation. The committee is now
engaged in considering two very important bills relating to our
necessarily must be at certain hours o f the day.
I think this bill should be considered also in connection with merchant marine service and the shipping in connection with it.
Within the next week we will consider the river and harbor
Die measure now before the Committee on Commerce known as
Hie seamen’s bill. That bill, which passed the House o f Repre bill. As this bill goes to tlie merits o f that question, I think
sentatives and which is advocated by the Seamen’s Union, does it ought to be reconsidered and referred to the Committee on
not provide for less than 1 2 hours’ work for an ordinary seaman, Commerce for consideration, where a measure o f this kind
f he work o f the seaman is quite as severe and even more diffi can be considered more carefully than anywhere else in its
cult than that o f the ordinary employee on one o f these dredges. connection with our river and harbor improvements.
The PRESID EN T pro tempore. The question is upon the
i et we are asked to pass a law which does not assume to limit
Hie work o f the sailor to less than 1 2 hours, notwithstanding motion made by the Senator from Indiana to lay the motion to
Jie may be employed in the storm and rain and for much of reconsider on tlie table.
Mr. SHIVELY. Before the question is put, a further word
*ne time under a constant strain.
There is another provision that was added by amendment in reply. I f this bill belongs to the Committee on Commerce,
here to the effect that this law shall not apply to work upon then a bill to regulate the hours o f labor at the navy yard
]evees or revetments. What justice is there in making that should go to the Committee on Naval Affairs. A bill to regu
exception? I f you can require a man to work on a levee or on late the hours o f labor on public buildings should go to tlie
a revetment for 1 0 or 1 2 hours and exempt him from the opera- Committee on Public Buildings and Grounds. The Dill applies
Hon o f this measure, why should the law be enforced in these particularly to dredge workers, because this is tlie only class
o f laborers on public work that is now deprived o f the benefits
other employments?
C N R SSIO A R C R —SEN
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U.
January
N AY S— 31.
o f the Federal eight-hour law. The contention o f various
Senators as to which committee should have charge o f the bill Bankhead
Jones
Crawford
Perkins
Cummins
Lippitt
only suggests the risk to the bill in the few remaining days Bourne
Sanders
Dillingham
Brandegee
Lodge
Smoot
o f this session should the motion to reconsider prevail.
Bristow
du Font
AIcCumber
A Tv R T T U r m N T
TWv President
Stephenson
Mr. BURTON. Mr.
Burnham
Gallinger
Nelson
Sutherland
Gamble
Oliver
The PRESID EN T pro tempore. Does the Senator from In Burton
Townsend
Catron
Gronna
Page
Wctmore
diana yield to the Senator from Ohio?
Clark, Wyo.
Guggenheim
Percy
Mr. SHIVELY. Certainly.
NOT VOTING— 33.
Mr. BURTON. I think I may say that conclusion does not
necessarily follow . The reason fo r the suggestion o f the Sen BfTcon
Curtis
Lea
Smith, Mich
Fall
McLean
Smith, S. U
ator from Minnesota is the exceptional quality o f this work in Borah
Bradley
Foster
Massey
Warren
’
the improvement o f rivers and harbors— a reason which would Briggs
Gardner
Newlands
Watson
not exist in the case o f an ordinary mechanic or other person Brown
Gore
Owen
W illiam s
Jackson
Penrose
Works
engaged on public buildings. There is certainly here an ex Chilton
Crane
Kenyon
Reed
c e p tio n a l condition, which should receive further eonsideratio:
Culberson
Kern
Richardson
Cullom
from the Senate.
La Follette
Root
The PRESIDEN T pro tempore. The question is upon the
So the Senate refused to lay the motion to reconsider no
motion made by the Senator from Indiana to lay the motion to
the
reconsider on the table. [Putting the question.] The noes ap Itable.
The PRESID EN T pro tempore. The question is upon
pear to have it.
motion o f the Senator from North Dakota [Air. AIcCumr ,
Mr. SHIVELY. I call for the yeas and nays.
to reconsider the votes whereby the bill was ordered to a t v ^
The yeas and nays were ordered, and the Secretary proceed
reading, read the third time, and passed.
' ill'$
' ■call the roll.
Mr. AlcCUAlBER. Air. President, I suggest the want 0f
M CITILTON (when his name was called). I have a gen
x*.
' 1 a
eral pair with the Senator from Illinois [Mr. Gullom ] and with quorum.
The PRESID EN T pro tempore. The Senator from No t
hold my vote.
Mr. CLARK o f Wyoming (when his name was called). I Dakota suggests the absence o f a quorum. The roll Will 5
have a general pair with the Senator from Missouri [Mr. called.
The Secretary called the roll, and the follow ing Senate
S t o n e ] . In the a b s e n c e o f that Senator, I withhold my vote.
tors
Mr. CURTIS (when his name was called). I am paired with answered to their nam es:
the Senator from Oklahoma [Mr. O w e n ] and withhold my vote. Bankhead
Dixon
McCumber
Simmons
du Pont
McLean
Smith, Ariz
Mr. DU PONT (when his name was called). I am paired Bourne
Martin, Va.
Fletcher
Smith, Ga *
with the senior Senator from Texas [Mr. C u l b e r s o n ] . A s that Bradley
Brandegee
Ga 1
linger
Marline, N. J.
Smith, Md
Senator is not present in the Chamber, I withhold my vote. §
Bryan
Gamble
Myers
Smoot
Gardner
Nelson
Mr. THORNTON (when Mr. F o s t e r ’ s name was called)/. I Burnham
Stephenson
Burton
Gronna
O’Gorman
Stone
announce the necessary absence from the Chamber o f my; col Catron
Guggenheim
Oliver
Sutherland
league [Mr. F o s t e r ] on account o f illness, and also that he Chamberlain
Heiskell
Overman
Swanson
Hitchcock
Page
Thomas
is paired with the Senator from Wyoming [Mr. W a r r e n ] . I Chilton
Clapp
Johnson, Me.
Percy
Thornton
will let this announcement stand for the day.
Clark, Wyo.
Johnston, Ala.
Perkins
Townsend
Mr. GARDNER (when his name was called). I have a gei^- Clarke, Ark.
Perky
Johnston, Tex.
Wetmore
Poindexter
.Tones
W illiam s
eral pair w ith the Senator from Massachusetts [Mr. Crane ]* Cullom
Cummins
Richardson
La Follette
In his absence, I withhold my vote.
'> Curtis
Sanders
Lippitt
Mr. LIP P IT T (when his name was called). I transfer my .Dillingham
Shively
Lodge
pair with the senior Senator from Tennessee [Mr. L e a ] to the
The PRESIDEN T pro tempore. On the call o f the roll 05
Senator from New Mexico [Mr. F a l l ] and vote “ nay.”
Mr. RICHARDSON (when his name was called). I have a Senators have answered to their names. A quorum o f the Sen.
general pair with the Senator from South Carolina [Mr. S m i t h ] ate is preseut. The question is on the motion made by ^
Senator from North Dakota [Air. AIc C u m b e r ] to reconsider the
and withhold my vote.
Air. CHILTON (when Air. W a t s o n ' s name was called). I votes whereby the bill was ordered to a third reading, read the
wish to announce for the day that my colleague [Mr. W a t s o n ] third time, and passed.
Air. PO IND EXTER. O11 that I ask for the yeas and nays.
is paired with the Senator from New Jersey [Mr. B r i g g s ] .
The yeas and nays were ordered, and the Secretary proceeded
The roll call was concluded.
Air. DU PONT. As already announced, I have a general pair to call the roll.
Air. DU PONT (when his name was called). I have a gen.
with the senior Senator from Texas [Mr. Culberson]. I will
transfer that pair to the junior Senator from Nevada [Air. eral pair with the senior Senator from Texas [Air. Culbersoni'
I transfer that pair to the junior Senator from Nevada [ mp
AIassey ] and vote. I vote “ nay.”
‘ ’
Mr. W ILLIA M S (after having voted in the affirmative). I AIassey ] and vote. I vote “ yea.”
have a general pair with the Senator from Pennsylvania [Mr.
P enrose], and therefore I desire to withdraw my vote.
’a l l ], j
Air. BRADLEY. I am paired with the Senator from Indiana
vote yea."
[Air. K e r n ] and therefore withhold my vote.
RICHARDSON (when his name was called). I agai
Mr.
Air. STONE. Aly colleague [Air. R eed] is necessarily absent
from the city on important business. I understand that he is announce my pair with the junior Senator from South Caroling
[Air. S m it h ] and withhold my vote.paired with the Senator from Alichigan [Mr. S m i t h ] ,
Air. W ILLIAM S (when his name was called). I have a paiP
Air. SM ITH o f Georgia. Aly colleague, the senior Senator
from Georgia [Air. B acon ], is detained at home by a bereave with the Senator from Pennsylvania [Mr. P enrose], I there
ment in his family.
fore withhold my vote. I f he were present, I should vote “ nay.”
The roll call was concluded.
Air. AIYERS. I have a general pair with the Senator from
Air. CHILTON (after having voted in the negative). I }n.
Connecticut [Air. McL ean ], I transfer my pair to the Senator
advertently voted when my name was called, not knowing that
from Nevada [Air. Newlands ], and I vote “ yea.”
Mr. CURTIS. I was requested to announce that the Senator the Senator from Illinois [Mr. Cullom ] is out o f the Chamber.
from Maryland [Air. Jackson ] is paired with the Senator I w ill transfer my pair with the Senator from Illinois [Mr'
from Oklahoma [Air. Gore] ; the Senator from New York C ullom ] to the Senator from Nevada [Air. Newlands ] and let
[Air. R oot] with the Senator from Georgia [Air. B a c o n ] ; my vote stand.
Air. LODGE. I desire to announce that the Senator from New
the Senator from New Jersey [Air. B riggs] with the Senator
from West Virginia [Air. W atson ] ; and the Senator from York [Mr. R oot] is paired with the Senator from Georgia [Mr.
Wyoming [Air. W arren ] with the Senator from Louisiana B a c o n ] .
[Air. F oster].
Mr D ILLINGHAM (after having voted in the affirmative).
I should like to inquire whether the senior Senator from South
The result was announced— yeas 31, nays 31, as follow s:
Carolina [Mr. T illm an ] has voted.
YEAS—31.
Ashurst
Hitchcock
Overman
Smith, Ga.
The PRESID EN T pro tempore. The Chair is informed that
Bryan
Johnson, Me.
Paynter
Smith, Md.
that Senator has not voted
c
Chamberlain
Perky
Johnston, Ala.
Stone
Air. DILLINGHAM . Then I withdraw my vote, having a
Clapp
Johnston, Tex.
Poindexter
Swanson
Clarke, Ark.
Martin, Va.
Pomerenc
Thomas
general pair with that Senator.
Dixon
Martine, N. J.
Shively
Thornton
All*. BRADLEY. I again announce my pair with the Senator
Fletcher
Myers
Simmons
Tillman
Heiskell
from Indiana [Air. K ern ] and withhold my vote.
O'Gorman
Smith, Ariz.
1913.
('0 X 0 HESS IOX AL EEOOED— SEXATE.
-yeas 27, nays 37,, as follow s;
as announced—
1955
For practical work it takes a substantial plant to teach the
industries or the trades. I think the experience o f those cities
which have undertaken to introduce special instruction in the
Sanders
Bankhead
Smoot
industries and trades has demonstrated that a substantial plant
Brandegee
Stephenson
Bristow
is necessary for the conduct o f the instruction. Specialists,
Sutherland
Burnham
trained with their hands to conduct the work, and with mental
Townsend
Burton.
strength enough to teach, are required as instructors, and such
Wetmore
Catron
•
Clark, Wyo.
men are called to places as superintendents of manufacturing
plants. They command good salaries. To make effective even
NA YS— 37.
Smith, Md.
O’Gorman
this second appropriation, there ought to be a requirement as to
Hitchcock
Ashurst
Overman
Smith, Mich.
Johnson, Me.
Bourne
the amount o f money invested in the plant and the amount o f
Stone
Paynter
Bryan
Johnston, Ala.
money spent at each one o f the schools conducting an industrial
Swanson
Perky
Johnston, Tex.
Chamberlain
department, lest our money simply be wasted.
Thomas
Poindexter
La Follette
Chilton
Thornton
Clapp
Pomerene
Lodge
There is another criticism as to these two appropriations.
Works
Shively
Clarke, Ark.
McLean
I They are to be directed by a vocational board, which, in turn,
Simmons
Dixon
Martin, Va.
must establish rules subject to the approval o f the Secretary
Smith, Ariz.
Fletcher
Martino, N. J.
Smith, Ga.
Heiskell
Myers
o f the Interior. It introduces the national control into all o f
NOT VOTING— 31.
our secondary schools. I am not sure that many o f the States
Richardson
are ready to submit their high schools or their schools o f sec
Kenyon
Bacon
Cummins
Root
Kern
Borali
Curtis
ondary grade to the supervision o f the National Government.
Smith, S. C.
Lea
Bradley
Dillingham
Th3y are home enterprises; they are now controlled largely by
Tillman
Massey
Briggs
Fall
home trustees; and I doubt whether many States would make
Warren
Newlands
Brown
Foster
Watson
Owen
Crane
Gardner
an appropriation to meet an appropriation o f this kind by the
Williams
Penrose
Culberson
Gore
National Government, if by so doing control o f ordinary high
Jackson
Reed
Cullom
schools largely passed to the National Government.
So Mr. M cCumrer’s motion to reconsider was not agreed to.
The third appropriation o f $3,000,000, under the proposed
substitute, is for agricultural high schools. Let us see ju st what
ADJOURNMENT TO MONDAY.
Mr. SMOOT. I move that when the Senate adjourns to-day, they are to be. They are to be in districts in each State, -with
not less than five counties nor more than 15 counties. Be
it adjourn to meet on Monday, January 27.
fore they can receive national aid they must be established
The motion was agreed to.
with a special plant, including quite a large tract o f land.
AGRICULTURAL EXTENSION DEPARTMENTS.
So fa r as I am personally concerned and my own State is con
Mr. SM ITH o f Georgia. I move that the Senate proceed to cerned, I should be delighted to see this provision pass. W e
the consideration o f House bill 22S71 to create extension depart already have in each congressional district an agricultural high
school. Each plant has cost us over a hundred thousand dol
ments in land-grant agricultural schools.
The motion wms agreed t o ; and the Senate, as in Committee lars. You can not establish a successful agricultural high
o f the Whole, resumed the consideration o f the bill (H . It. school o f the character contemplated in this bill for less than
22S71) to establish agricultural extension departments in con a hundred thousand dollars for the plant. So, if that $3,000,000
nection with agricultural colleges in the several States receiv is to be utilized in each one o f the States practically for each
ing the benefits o f an act o f Congress approved July 2, 1862, congressional district, there must be a preliminary investment
o f something over $ 1 0 0 ,0 0 0 to establish the plant.
and acts supplementary thereto.
Mr. SM ITH o f Georgia. Mr. President, I desire to ask the
As we have already gone to that expense and as we are ap
Senators very briefly to hear me call attention to the differences propriating $1 2 0 ,0 0 0 a year to support these 1 1 district agricul
between the bill as it comes from the House and the substitute tural schools in the State o f Georgia, we are ready to take any
which has been offered for it. The House bill carries an ap part that can come from the National Government. W e have
propriation o f $3,000,000 only. That appropriation is solely already made our appropriation. I would be delighted to see
fo r the purpose o f establishing extension departments at the tho Senate and the House o f Representatives agree to add that
land-grant agricultural colleges. The character o f the work o f measure to the bill as it has passed the House, but I would
those extension departments is fam iliar to the Senate, the work hesitate to consent to its being substituted here, for the reason
being especially to place representatives o f the colleges in d if that I fear so many o f the States have not already gone to
ferent parts o f the States to demonstrate at the homes o f tho this expense, and such hesitation could exist about passing such
farm ers the truths that have been developed during the past an appropriation that the entire bill might be stopped if we
25 to 50 years in tho land-grant colleges and the experiment insisted upon putting that amendment on it..
The next appropriation, for about a million dollars, is fo r the
stations. The substitute which is offered by the Senator from
Vermont [Mr. P a g e ] proposes to appropriate $16,000,000 an establishment o f branch experiment stations throughout the
nually, instead o f $3,000,000. It carries six distinct plans o f States, each one o f these experiment stations to be located, in
work in addition to the extension work. W hat I desire to urge accordance w ith the terms o f the bill, at one o f the agricultural
is that the biff o f the Senator from Vermont has been assigned colleges.
I think that the substitute bill confuses the w ork o f an ex
fo r consideration by unanimous consent immediately after the
30th o f this month, and it ought to be allowed to come up on periment station and the work o f a demonstration farm. I be
its merits for full consideration, rather than to be now sub lieve in having a demonstration farm at each district agricul
stituted for the House bill, which is so different in its character. tural high school; but experimentation is not the proper thing
I wish to call the Senate’s attention to the provisions o f this for a high school. Experimentation in agriculture is the w ork
proposed substitute that are in addition to the provisions o f o f the trained student, o f the scientist in testing out truth.
Demonstration is the application o f that truth before those,
the House bill.
First, the proposed substitute would appropriate $3,000,000 perhaps not scientists, to show them by its practical application
to schools o f secondary grade for instruction in agriculture, in that a process claimed is true. The agricultural high schools
the industries and trades, and in home economics. H ow many will all need demonstration farms, but not experiment stations.
That part of the appropriation, I think, might well, when w e
o f those schools are there? Over 13,000. Suppose the States
add $3 ,0 0 0 ,0 0 0 more, you would have $6 ,0 0 0 ,0 0 0 to be distrib come to pass upon it, be divided in two w ays— one h alf o f the
uted among 13,000 schools to establish departments o f agricul amount to be given to the agricultural high schools fo r demon
ture, o f industries and trades, and o f home econom ics; you stration work and the other half to be given to the experiment
Would have a few hundred dollars for each school, and effective stations, which shall select places over the State wherever
work would be im possible; it would be a mere spreading abroad experimentation is required to test out unknown problems and
a few hundred dollars at each secondary school throughout the to change from the unknown to the known and established
entire land. It would not be sufficient to accomplish the work truths.
Those are the four largest appropriations. It also gives, in
desired.
The second appropriation is for $3,000,000 fo r schools o f the round numbers, a million dollars to the colleges o f agriculture
secondary grade, with distinct departments in which the indus to establish departments to educate teachers in these specialties,
tries and the trades and home economics are taught. My criti and also to the normal schools a m illion dollars to train special
cism upon the appropriation is that there should be some require ists for the work as teachers.
ment as to the amount o f investment in the separate depart
It seems to me, Mr. President and Senators, that substantial
ments dedicated to instruction in the industries aud the trades modifications must be made in the substitute before w e shall
nnd home economics, or else, again, your $3,000,000 might be be ready to adopt it. W hat is meant by the first suggestion o f
$3,000,000 to go to schools o f secondary grade fo r instruction
scattered abroad and do no good.
YE AS— 27.
Lippitt
Crawford
McCumber
du Pont
Nelson
Gallinger
Oliver
Gamble
Page
Gronna
Guggenheim
Percy
Perkins
Jones
1956
CONGRESSIONAL RECORD— SENATE.
in agriculture, in trades and industries, and in home economics?
Shall each one of these schools have instruction in all three
branches? The fund is entirely inadequate to launch out on
such a field o f work. Instruction in agriculture is not a proper
specialty to be introduced into the cities, where the children
are not going to engage in agriculture. Instruction in the in
dustries and trades probably would not be suited to some other
high schools. There is no plan o f division o f the work.
I f we are trying to reach out for additional work in the line
of agriculture to instruct the children beyond the knowledge
which is to be given them at the colleges and high schools, I
would suggest that along with the demonstrator from the col
lege o f agriculture in the different localities o f the State there
should be a trained agricultural educator who could visit the
schools— not the high schools, but the agricultural grammar
schools, where 9 5 per cent o f the boys-who work on the farm
are at school— and explain to those boys in advance what is
about to be done in the demonstration field, how the ground
shall lie prepared, how the seed shall be selected, how the crop
shall bo cultivated, and spend the money training boys for agri
culture by using skilled teachers, covering a considerable area
o f territory, who would invite the teachers and the scholars
to study with them, largely through the utilization,of the demon
stration farm or the demonstration patches or the demonstra
tion work that is carrying the knowledge o f the'.colleges o f
agriculture and the experiment stations to the fathers and
mothers throughout the various localities alongside their homes.
It might be that the first appropriation o f $6 ,0 0 0 ,(10 0 ,- mixed,
as it is, between agriculture, the industries and trades, and
home economics, might be so modified as to give half of--that
sum exclusively to agriculture and let it be spent, not in the
high schools all over the land, where the majority o f the chil
dren are not concerned with agriculture, but be spent by using
educational leaders in different areas o f territory who will
visit and organize agricultural instruction in the rural schools,
for 95 per cent o f the farm children are in the rural grammar
schools and not in the city high schools.
Then, add to the industrial work the million and a half
saved and give something like four and a half million dollars
to schools that really are doing industrial work, that have a
plant, and that are organized for something practical and sub
stantial. Then the limitation should be placed upon it that no
money should go to any school that has not a plant certainly
worth $5,900, and I should say $10,000, and did not spend asj
much as $ 1 0 ,0 0 0 a year for industrial or trade instruction.
/
But, Mr. President and Senators, why should you substitidi;
that bill for the bill that has come from the House? I under
stand that Senators w ill have an opportunity to vote for it£ it
n ill have its day in court in a few days; it will come up regu
larly for action immediately after the constitutional amend
ment is disposed of, as it is set by unanimous consent far that
time. I have only called attention to its features suflfciently
to indicate, if I can, that it is entirely a different measure from
the measure which has come from the House. They are not
substitutes for each other at all. The measure fr o m /lie House
is simply an appropriation to perfect the work o f Jfhe Morrill
Act and the Hatch Act. It is simply to complete this great
work that has been going on for 50 years—first, tluf agricultural
college 50 years ago and, then, the experiment station 25 years
ago. Now, as the call is coming to both o f tliesafrinstitutions to
curry the knowledge they have gathered, to carry the truths
(hey have proved, to the whole people engaged in agriculture,
to carry them to the farmer, to the farm er's' wife, and to the
farmer’s child, and let the 49,000,000 peopl6 who are on the
farm have the benefit o f this knowledge, t#ie House o f Repre
sentatives has sent us a bill which will mJet the call. That is
the bill that the House sent y ou ; that is ail.
That we are ready for it nobody questions. That it ought
to pass the friends o f the substitute concede, for it is included
in not quite so perfect shape in the substitute bill. Not origi
nating with the Senator from Vermont at all, not originating
with those o f us who have presented it to the Senate and the
House, but originating as far baqK as five years ago from the
necessities of the situation, froin rthe demand for the work by
the people at home. The demand has been made o f the heads
o f the colleges o f agricu lture/ind the experiment stations; it
has so pressed upon them that they have already taken steps, to
the extent o f the funds within their reach, to do something
along the line o f this w ork; and where it has been done its
beneficial effects to the people touched have been almost beyond
what could have been hoped.
That within 1 0 years the House bill w ill double the produc
tion per acre I have no question. That the application o f the
knowledge ready for demonstration can make an acre o f land
J an ua if)? 24,
yield 75 or 100 bushels o f corn where frequently tyflay only i,->
or 2 0 ore raised I have seen demonstrated a m i / know iron',
practical experience and from personal obsenation,
i jlave
seen the demonstrated truths from the collejgu o f agriculture
carried to the field and put on the land, ann 1 have seen the
corn product quadrupled and more th ai^ piadru pled by the
application o f the knowledge which tliei ^experim entation had
demonstrated to be truth. 1 have seen iff applied to the cotton
field; I have seen it applied to the Uat field; I have seen it
applied to the potato field. I have h^ard from other States 0f
its application. Before our c o m m i t s we had testimony from
all over the land to the wonderfuWnlessings which came to the
men to whom these truths were dfrried and taught by practical
demonstration.
£
We have the assurance o f jm e Director o f the Office o f Ex
periment Stations experieu^ff has taught that they can nOt
carry these truths to thepineu who need them simply qv
pamphlets; that the one g i/a t available way is to recognize that
agriculture is an art a siw ell as a science, and to go and do
this work in the preseii# o f the farmer, so as to bring to the
farmer a knowledge o f J h c benefits which they have learned can
be conferred upon hii m
1 have no doubt t h # the knowledge yet to be learned through
our colleges o f agriculture and our experiment stations is faigreater than thaU fney have already learned. I believe it js
still a great booHPfull o f unknown knowledge, to be acquired
by study and experimentation and to be carried to the field to
bless the hum;JF race.
My deep imprest in this House measure is due to the fact
that I do mhfuiscuss it without having seen it tried. W e had
the privileup in the State o f Georgia o f giving $50,000 for
dem onstrapm work to our State college o f agriculture, and I
have seen/the good it has done. I would have the State col
leges o f Agriculture in every State in the Union given funds
fticienj to carry to the people the blessings which I am sure
y epuld give if we furnished them the means.
egislatures are in session. In a number o f the States they
biennially, and another session w ill not occur for two
This extension work o f the department must be accepted
h \ va riou s States to bring its full benefit to the people of
St^es. This bill has been before the Senate now for more
an R^ynonths, and I would have it passed. We have re
ived it;% om the House. There are one or two small amend
ments thank) re suggested-—one by the Senator from Ohio, which
I am prepared to accept. He desires, at the end o f section 2,
to strike out tjie period and to add the words “ and farm man
agement w ork* It seems that in some o f the States that is
the term used, and it was thought necessary to add that phrase
to cover that w<%k. It is entirely acceptable to the friends of
the measure.
Another is a suggestion from the Senator from Wyoming that;
the term " Territories ” as well as " S t a t e s ” might be added,
so that the b en eficia leffects o f the measure may be felt in our
Territories as well a \ in our States. I have no objection to
that. We were considering that matter ourselves. We were not
exactly sure how it couni be handled, and that was why we did
not undertake to put in Ihe Territories. But 1 understood the
Senator from Wyoming
say that he had an amendment
which would cover it, an<\that it would carry the beneficial
effects o f the bill to the Hawaiian Islands. I am not seeking
to limit it so as to exclude th\ Territories from what I consider
the very great benefits o f th e\ ill. I wish to say that I appre
ciate the magnificent work tlia\the Senator from Vermont has
done in the study o f the problemVif vocational education.
Mr. SIMMONS. Mr. ITesidenV —
The PRESID ING O FFICER (Vlr. N klson in the chair).
Does the Senator from Georgia y ie l\ to the Senator from North
Carolina?
Mr. SM ITH o f Georgia. Certainly’
Mr. SIMMONS. On the question ofVm eudm ent to the bill i
have had in mind an amendment wliithXJ have not offered and
which I may ..not offer, because in the present state o f the law
it may not be feasible. I have received conlmunications from my
State with reference to the subject to w hich I am going to call
the attention o f the Senator, and I wish to ask him whether, in
his judgment, it would be feasible to attach such a provision
to the bill to meet the situation in my State and, I presume, in
some other States.
The bill provides for an appropriation for a college of agri
culture and mechanic arts for the purpose o f extending agri
cultural work and home economics. In my State we have an
agricultural college, and instruction in that college is confined
exclusively to males. Then, we have our State normal schools
for the instruction o f females. In the agricultural depart-
10 1
CONGRESSIONAL RECORD— SENATE
Mr. M ARTINE o f New Jersey submitted an amendment pro
viding for tlie further improvement o f the Hudson (Nortl^'Ttiver
channel o f New York Harbor, intended to be proposed by him
to-dhe river and harbor appropriation bill, which was ordered to
be printed and. with the accompanying paper, referred to the
Comiriiit ee on Commerce.
He afso submitted an amendment relative, to the compensa
tion o f letter carriers in the City and Iiural Delivery Services and
clerks in thdvjirst and second class post offices who are injured
while perform ing their duties, etc., interred to be proposed by
bim to the Postwfftice appropriation Um , which was referred to
the Committee o n c o s t Offices and Post Itoads and ordered to
be printed.
\
jf'
Mr. .CLAR K E o f Arkansas submitted an amendment provid
ing for the revetment a n ^ m pavem ent o f the right bank o f the
Mississippi River near NosyYHelena. Ark., etc., intended to be
proposed by him to the ruWr and harbor appropriation bill,
which was ’referred to thff Conkiittee on Commerce and ordered
to be printed.
t He also subm ittedjfui amendment proposing to_ appropriate
$30,000 for completing the work liohc being done in protecting
the north bank <>£ Arkansas River Ha front o f the Crawford
County levee, south o f Van Buren, anu*te> forth, intended to be
Proposed by him ’ to the river and harro&r appropriation bill,
which was referred to the Committee on dolamerce and ordered
to be prin ted^
to approMr. GIIQNNA submitted an amendment .
preserve,
Priate $ 1 0 jfr0 0 for the establishment o f a national
:ve, upon
to be knjpcvn as the North Dakota National Game
s Hill
the la aft embraced within the boundaries o f
Natim&i Park, N. Dak., and so forth, intended to
_ raposed
by lulu to the agriculture appropriation bill, which was referred
to the Committee on Agriculture and Forestry and ordered to
be printed.
- Mr. SH IVELY submitted an amendment proposing to change
the location and straighten the course o f the channel o f the
Grand Calumet River through the lands o f the Gary Land Co.
juul the Indiana Steel Co., and so forth, intended to be proposed
referred
^mod^^rdere
' to~~be
Printed.
Mr. OWEN submitted an amendment proposing to appropriate
$25,000 for payment o f salaries o f employees and other expenses
o f advertisement and sale in connection with the disposition o f
‘ be unallotted lands and other tribal property belonging to the
f iv e Civilized Tribes, and so forth, intended to be proposed by
him to the Indian appropriation bill, which was referred to the
Committee on Indian Affairs and ordered to be printed.
He also submitted an amendment authorizing the Secretary
o f the Interior to make a per capita payment o f such amounts
as ho may deem advisable to the enrolled members o f the Five
Civilized Tribes entitled under existing laws to share in the
funds o f those tribes, and so forth, intended to be proposed by
him to the Indian appropriation bill, which was referred to the
Committee on Indian Affairs and ordered to be printed.
H e also submitted an amendment proposing to expend $ 1 0 ,0 0 0
out o f any funds in the Treasury belonging to the Choctaw Tribe
° f Indians o f Oklahoma, for the use and benefit o f the Old
Goodland Indian Industrial School near Hugo, Okla., intended
to be proposed by him to the Indian appropriation bill, which
Was referred to the Committee on Indian Affairs and ordered to
he printed.
He also submitted an amendment providing for the expenses
incident to and in connection with the collection o f rents o f
unallotted lands and tribal buildings, etc., intended to be prol'osed by him to the Indian appropriation bill, which was re
ferred to the Committee on Indian Affairs and ordered to be
Printed.
^
•
2079
Mr. SMOOT. I should like to ask the Senator from Idaho
i f be has received any intimation that suc-b a move was to bo
made on the part o f the Secretary o f the Interior?
Mr. PERKY. I have received information in regard to the
matter from very reliable sources and from associations whose
membership is directly interested in the subject.
Mr. SMOOT. I should like to have the resolution again .read,
as I did..not hear the first part o f it.
The PRE SID EN T pro tempore. The resolution will be again
read.
\
The Secretary again read the resolution.
/
The P R E SID E N T pro tempore. Is there objection to the
present consideration o f the resolution?
The resolution was considered by unanimous gbnsent and
agreed to.
\
$
ERN EST C. S T A IIL .
,0
Mr. CATRO n \ I move to reconsider the vote by which the
bill (S. 7G20) foiYthe relief o f Ernest C. .S ta h j& a s indefinitely
postponed.
\
M
The motion to reconsider was agreed to. J f
Mr. CATRON. I% nove that the bill ba-recomm itted to the
Committee on Militate’ Affairs.
The motion was ag% ed to.
0
N A T IO N A L IN S T IT U T E OF AR TS AN D LETTERS.
Mr. ROOT. A few days ago the Senator from Massachusetts
[Mr. L o d g e ] asked that an order be entered to recall from the
House the bill (S. 43551 incorporating the National Institute
o f Arts and Letters, andythe bill (,g. 4356) incorporating tbe
National Academy o f Art^feind Letters. I move that the votes
by which the bill (S. 4855) (incorporating the National Institute
o f A rts and Letters w as passed be Reconsidered, and that the bill
be postponed indefinitely.
%
.
./>
Tlie motion was agreed to. | g
Mr. ROOT. From tbe Conanittee on the Judiciary, I report
favorably without amendment i|he bill (H . R. 18841) incorporat
ing tbe National Institute oj? Arts and Letters. The bill is .
identical with the Senate bijp "which has just been postponed
indefinitely, and I ask unajfeKSgs consent for its present con
sideration.
$
. Mr. SM ITH o f Georgia, jp lr. President, unless it is absolutely
necessary that the matterabe disposed o f immediately, I should
like to see what the bill
before \H act upon it.
e
; Mr. LODGE. The request is sin g ly to substitute the House
1^11 for the Senate bill Which has pimsed the Senate. The hills
are identical. The Senate bill w a s recalled from the other
House on my motion to permit the substitution to be made.
» l r . SM ITH o f Georgia. Very well.
Mr. SHIVELY. f ; ask that the bil%be read, and I under
stand the Senator fit>m New York to sa y w ta t the hill is identical
with the one whic£ passed the Senate :!%1 that ilie only pur
pose o f this movement is to expedite its t% il passage.
Mr. ROOT. Precisely.
air. SHIVELY}.* Very well.
The PRE SID EN T pro tempore. Is ther% objection to tbe
present consideration o f the bill?
There being no objection, the Senate, as in
mmlttee o f the
W&ole, proceeded to consider the bill.
The bill was reported to the Senate w ithout amendment,
ordered to if third reading, read the third time, anftepassed.
Mi-. L O # 4 E . Mr. President, in the absence of% he Senator
fropi New’ York, I made the request that the bill (\ 4 3 5 5 ) incoimoratirfg the National Institute o f A rts and Lette% and the
liili (S. 4356) incorporating the National Academy o f V r t s and
Letters be recalled from the House. I ask that the o r d \ recall
ing Senate bill 4356 be vacated.
The PRESID EN T pro tempore. In the absence o f objection
that Order w ill be made.
Mu CRANE .submitted...tui-umenchnent proposing to appro
priate Sr.nw tff^ ifff^ t^ tm w w n o f Wintlirop, Mass., being oneLEGISLATIVE, ETC., APPROPRIATIO N BIL L.
half o f the cost o f a sidewalk and edgestones to be constructed
Tile PRESID EN T pro tempore laid before the Senate \ o
on that portion o f Revere Street abutting the Fort Banks Mjljtai’y Reservation, intended to be proposed by him tuvU»e Army action o f the House o f Representatives disagreeing to tfip
oppropriathn^bill, which was referred to the Cujjittsttfve on Mili- amendments o f the Senate to the bill (II. It. 26680) making
appropriations for the legislative, executive, and judicial ex
tary Affairs aifth^rdered to be printed
penses o f the Government for the fiscal year ending June 80,
C A N C E L fcH s^gX OF
EN TR IE S.
1914, and for other purposes, and requesting a conference witli
Mr. P e r k y . I su b m iw tA « 6lfiution and ask unanimous con- the Senate on the disagreeing votes o f the two Houses thereon.
Mr. W ETMORE.
I move that the Senate insist on its
1 e resolution (S7T*wv4t2)> as follow s:
amendments and accede to the request o f tlie House for a
^ s o l v e d , That jaSHsccretary of the Interior betPfca-jjted to advise conference, and that the Chair appoint tlie conferees on the
— - —
tiojLAhft^department contemplates Tftevvaucella___________ vfuries upon any of the United States m iarna- part o f the Senate.
“ Qu, projects -p fid a h o because of the failure of entrymen to make payThe motion was agreed t o ; and the President pro tempore
2 N l i > * l r in g the operation and maintenance charges, and if so, the
^
g**™ * c f th-fi catrvmen and a description of the location of tlicir appointed Mr. W arren , Mr. W etm o rev and Mr. F oster the con
CIin*ics.
*
ferees on the part o f the Senate.
CONGRESSIONAL RECORD— SENATE.
2080
AMERICAN HOSPITAL OF PARIS.
Mr. M ARTIN o f Virginia submitted the follow ing rep ort:
Tbe committee o f conference on the disagreeing votes o f the
two Houses on the amendments o f tlie H ouse to the bill (S.
0380) to incorporate the American Hospital o f Paris, 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 disagreement to the amend
ments o f the House, and agree to the same.
J. II. G alling er.
\
C harles C ijrtis ,
T h o m a s S. M a r t in ,
\
\
M a n a g er s on th e p a rt o f th e S en a te.
H enry D. C l ayto n ,
J o h n W. D a v is ,
John A. Sterling,
\
\
M cfaggers on th e p a rt o f th e H o u s e .
The report was agreed to.
\
IMMIGRATION 0F*&LIEN3.
Mr. LODGE submitted the following^eeport •
\
The committee o f conference on the disagreeing votes o f the
two Houses to the bill (S. 3175) entitled ^ 1 1 act to regulate
the immigration o f aliens to and the residence o f aliens in the
United States ” having met, after full and free^onference, have
agreed to recommend and do recommend to tqpir respective
Houses as follow s :
%
That the Senate recede from its disagreement to 'the amend
ment o f the House and agree to the same with an amendment as
fo llo w s :
Strike out the text inserted by the House amendment and
insert in lieu thereof the follow in g :
Y
“ That the word * alien ’ wherever used in this act sham ipclude any person not a native born or naturalized citizen o f th$
United States, or who has not declared his intention o f becom*
ing a citizen o f the United States in accordance with la w ; but
this definition shall not be held to include Indians not taxed or
citizens of the islands under the jurisdiction o f the United
States That the term ‘ United States ’ as used in the title as
well as in the various sections o f this act shall be construed to
mean the United States and any waters, territory, or other
place subject to the jurisdiction thereof, except the Isthmian
Canal Zone; but if any alien shall leave the Canal Zone and at
tempt to enter any other place under the jurisdiction o f the United
States, nothing contained in this act shall be construed as per
mitting him to enter under any other conditions than those ap
plicable to all aliens. That the term ‘ seaman ’ as used in this
act shall include every person signed on the ship’s articles and
employed in any capacity on board any vessel arriving in the
United States from any foreign port or place.
'
“ That this act shall be enforced in the Philippine Islands by
officers o f the General Government thereof designated by appro
priate legislation o f said Government.
“ S ec . 2. That there shall he levied, collected, and paid a tax
o f $ 5 for every alien, including alien seampn regularly admitted
as provided in this act, entering the Unified States. The said
tax shall be paid to the collector o f customs o f the port or cus
toms district to which said alien shall Come, or, if there be no
collector at such port or district, then to the collector nearest
thereto, by the master, agent, owner„-or consignee o f the vessel,
transportation line, or other conveyance or vehicle bringing such
alien to the United States, or by the alien himself if he does
not come by a vessel, transportation line, or other conveyance
or vehicle. The tax imposed by^fhis section shall be a lien upon
the vessel or other vehicle o f .Carriage or transportation bring
ing such aliens to the United States, and shall be a debt in favor
o f the United States against the owner or owners o f such ves
sel or other vehicle, and the payment o f such tax may be en
forced by any legal or equitable remedy. That the said tax
shall not be levied on account o f aliens who shall enter the
United States after am uninterrupted residence o f at least one
year, immediately preceding such entrance, in the Dominion of
Canada, Newfoundland, the Republic o f Cuba, or the Republic
o f Mexico, nor on account o f otherwise admissible residents o f
any possession of . the United States, nor on account o f aliens
in transit through the United States, nor upon aliens who have
been lawfully admitted to the United States and who later
shall go in transit from one part o f the United States to an
other through foreign contiguous territory: P r o v id e d , That the
Commissioner General o f Immigration, under the direction or
with the approval o f the Secretary o f Commerce and Labor, by
agreement with transportation lines, as provided in section 23
J ANUAIiY
o f this act. may arrange in some other manner for the n»
o f the tax imposed by this section upon any or ail aliens? 1
ing admission from foreign contiguous territory : P r o v id e * ■
then, That said tax. when levied upon aliens entering the pi
pine Islands, shall be paid into the treasury o f said islanp.1
^
be expended for the benefit o f such islands: P r o v id e d fu ,-n
That in the eases o f aliens applying for admission from niimiacim, * ----is
contiguous territory and rejected, the bend tax collected si ' Sl1
upon application be refunded to the a lien : P r o v id e d fu rti *
mded
*
That the provisions o f this section shall not apply to
arriving in Guam or H aw aii; hut if any such alien, not haw *18
become a citizen o f the United States, shall later arrive at
port or place o f the United Stales:on the North American
tinent the provisions o f this section shall apply.
0jb
“ S ec. 3. That the following ellipses o f aliens shall be exchi 1
from admission into the United States: All idiots, imbeeii
feeble-minded persons, epileptics, insane persons, and peP
Soes>
who have been insane withip five years previous; persons
have had one or more a t t# k s o f insanity at any time pref|.0
ousiy; paupers; persons lprely to become a public charge; p i1
'
fessional beggars; vagrants; persons afflicted with tu b e re u w '
in any form or w ith a loathsome or dangerous contagj0,
disease; persons not comprehended within any o f the foregoin
excluded classes w ho are found to he and are certified by n?
examining surgeon as being mentally or physically d efeetw
such mental or physical defect being o f a nature which
P
affect the ability o f such alien to earn a livin g; persons illay
h'ko
have committed a felony or other crime or misdeinean
" involvin m oral turpitude; polygamists, or persons who a{j A
their belief in tbe practice o f polygam y; anarchists, or person,
who believe in or advocate the overthrow by force or violent
o f the Government o f the United States, or o f all forms of w
or who disbelieve in or are opposed to organized government, 0 ’
who advocate tbe assassination o f public officials; persons \U1
'
are members o f or affiliated with any organization entertaining
and teaching disbelief in or opposition to organized c- •~
---- government1
j
****m
jur
or who advocate or teach the duty, necessity, or propriety of tY
unlawful assaulting or killing of any officer or officers, o itw
~f specific individuals or of officers generally of the Govern,
bent of the United States or of any other organized govern'
nSj|it, because of his or their official character; prostitutes, 0l.
wolfeen or girls coming into the United States for the purp0Se
of institution or for any other immoral purpose; persons wk0
procuke or attempt to bring in prostitutes or women or girjg
for theejiurpose of prostitution or for any other immoral pnf.
pose; persons who are supported by or receive in whole or
part the proceeds of prostitution; persons hereinafter called
contract labours, who have been induced, assisted, encourage^
or solicited *'to migrate to this country by offers or proiniS
eg
of employment whether such offers or promises are trap
/IT -folo/T
*
A
l»
1
--------
printed, expres^ pr implied, to perform labor in this coiuih ,
o f any kind, skiEgd or unskilled; persons who have come /
consequence o f advertisements fo r laborers printed, published1
or distributed in A foreign country; persons who have bee!'
deported under any o f the provisions o f this act, and who lyA
again seek admlssiorf|\vithin one year from the date of
deportation, unless pii§T to their reembarkation at a foreign
port the Secretary o f Commerce and Labor shall have eon
sented to their reapply its* for admission; persons whose ticket
or passage is paid for \vl|Ii the money o f another, or w ho'if
assisted by others to comd^pnless it is affirmatively and satK
factorily shown that such l%.‘son does not belong to one of \hP
foregoing excluded classes p e r s o n s whose ticket or pass.-A
is paid for by any corporation^ssociatlon, society, municipality
or foreign Government, either E rectly or indirectly; stowaways’
except that any such stowaway may be admitted in the < ;s’
\
cretion o f the Secretary o f Conaherce and Labor; all chil-Pen
under 16 years o f age, unaccompanied by one or both of tp.,;'.
parents, at the discretion o f the Secretary o f Commerce aA
Labor or under such regulations a§Lhe may from time to (jrne
prescribe; persons who can not becl&ie eligible, under existim,
law, to become citizens o f the Unit R esta tes by naturalization*5
unless otherwise provided for b y e a t i n g agreements as to
passports, or by treaties, convention s,^ - agreements that mav
hereafter be entered into. The p r o v ia w next foregoing,
ever, shall not apply to persons o f the following status or occu
pations : Government officers, ministers % religious teachers
missionaries, lawyers, physicians, chemists^engineers, teachers’
students, authors, editors, journalists, merchant, bank ers,
travelers fo r curiosity or pleasure, nor to fiwiv legal wives'or
their children under 16 years o f age who sbaff^ieeompany them
or who subsequently may apply for admissio?| to the I'nitod
States, but such persons or their legal wives %r foreign-born
children who fail to maintain in the United Staffs a status or
1913.
CONGRESSIONAL RECORD— SENATE.
R. F. Lang, New York, favoring passage o f the Weeks bill
(II. R. 27567) for a 1-cent letter postage rate; to the Com
mittee on the Post Office and Post Roads.
Also, petition o f C. H. Blackall, Boston, Mass., favoring adop
tion o f the Mall site and design as approved by the National
Commission o f Fine Arts, for a memorial to Abraham Lincoln;
to the Committee on the Library.
Also, petition of the New York Fruit Growers’ Association,
favoring the passage o f Senate bill 7208, for making the transAtlantic steamships liable for the damages o f packages, etc.,
caused through negligence; to the. Committee on Interstate and
Foreign Commerce.
Also, petitions of the Ford Motor Co., Detroit, M ich .; C. P.
Nelson, Chicago, 111.; John Burroughs, New Y o rk ; and Herbert
S, Gardner, favoring the passage o f the McLean bill granting
Federal protection to atl migratory birds; to the Committee on
Agriculture.
*,
By Mr. LIN D S A Y : Petftkm o f the Long Island Automobile
Club, Brooklyn, N. Y., asking that the Lincoln memorial high
way hill be in the keeping o f ' the Appropriation Committee in
stead o f the Library Committbg; to the Committee on the
Library.
\
Also, petition o f the Association %£ Eastern Foresters, Tren
ton, N. J., protesting against the passage o f legislation trans
ferring the control and ownership o f national forests to the
States wherein they lie ; to the Committee .on Agriculture.
Also, petition o f the New York State Legislative Board o f the
Brotherhood o f Locomotive Engineers, favoring the passage of
the Federal workmen’s compensation h ill; to rate Committee on
the Judiciary.
#
Also, petition o f the Conservation Commission, fa v o r in g the
passage o f the Weeks bill making appropriation for the Federal
protection o f forests from fires; to the Committee o% A g ricu l
ture.
\ ,
Also, petition o f the New York State Fruit Growors%Yssociation, favoring the passage o f Senate bill 7208, for makingHhe
trans-Atlantic steamships liable fo r the damages o f packa
etc,, caused through negligence; to the Committee on Intersta'
and Foreign Commerce.
By Mr. M AGUIRE o f N ebraska; Petition o f sundry citize
o f Lincoln, Nebr., favoring passage o f legislation for natiopfil
ownership and control o f all public telephone and telegraph
lin es; to the Committee on Interstate and Foreign Commerce.
By Mr. M A N N : Petition o f the Cook County Farm ers! Asso
ciation, protesting against the passage o f legislatkagflor the
reduction o f tariff on sugar; to the Committee on W ays and
having post offices open for delivery o f mail on Sundayf to tho
Committee on the Post Office and Post Roads.
By Mr. U N D E R H IL L : Petitions o f Hoggison -Bros., New
Y ork ; C. II. Blackall, Boston; the American Jfroup o f the
Societe des Architectes Diplomes par 3e G ou v ero® en t Franca is,
New Y ork ; the Mural Painters, New Y o r k ; ..jffie Architectural
League o f New Y ork; and the New York Ckffiter o f the Am eri
can Institute o f Architects, New York, favprnig the adoption o f
the Mall site and the design, as approve<Uf>y the National Com
mission o f Fine Arts, as a memorial to Abraham L in coln ; to the
Committee on the Library.
gjf
Also, petition o f the American Aujjfniobile Association, favor
ing the passage o f legislation fo r jfn e adoption o f the national
highway from Washington to G erasburg as a memorial to Abra
ham Lincoln; to the Com m itteepn the Library.
Also, petition o f Illinois Chapter o f tbe American Institute
o f Architects, Chicago, B l.,J tv o r in g the adoption o f the Mall
site, but protesting againspFhe design, as approved by the Na
tional Commission o f Fhgf'A rts, for the memorial to Abraham
L in coln ; to the Ccm m itjie on the Library.
Also, petition o f th ajrord Motor Co., Detroit, Mich., favoring
the passage o f the M$®ean bill, granting Federal protection to ail
migratory birds; I jilh e Committee on Agriculture.
Also, petition g|Fthe Farmers’ National Congress, Chicago,
111., favoring th<||passage o f Senate bill 3, for Federal aid for
vocational e d u ^ H o n ; to the Committee on Agriculture.
Also, petitijaprof the Federation o f Jewish Farmers o f Amer
ica, New Yorlr; favoring the passage o f legislation for the adop
tion o f a jgptem o f farm ers’ credit unions; to the Committee
on Bank|Bg and Currency.
xlIso,jpftition o f the National Association o f R ailw ay Conunissioneijp?favoring the passage o f Senate bill 6099, fo r 'th e establishnpRt o f a uniform classification o f freight in the United
S t a fls ; to the Committee on Interstate and Foreign Commerce,
petition o f the Duchess Manufacturing Co., Pough> N. Y., favoring the passage o f House bill 27567, for a
,
fcent letter postage rate; to the Committee on the Post Office
Post Roads.
Also, petition o f Sol Bloom (In c.), New York, protesting
gainst the passage o f section 2 o f the Oldfield patent bill, prev o t in g the fixing o f prices by the manufacturers o f patent
gootU;; to the Committee on Patents.
A lle, petition o f the United States Live Stock Sanitary AssocuatioimChicago, 1 1 1 ., favoring the passage o f legislation to in
crease fiko appropriation for the eradication o f ticks; to the
C om m ittO j 011 Agriculture.
By Mr. W ILSON o f New Y o r k : Petition o f the Conservation
Means.
By Mr. MOON o f Tennessee: Petition o f citizens o f Chatta Com mission,-favoring passage o f legislation for an increase in
nooga, Tenn., protesting against the passage o f House bill 53S2— appropriation
aid Federal protection o f forests from fire; to
the Brantley workmen’s compensation a ct; to the Committee the Com mittee%n Agriculture.
Also, petition cr&tlie New York State Legislative Board, Broth
on the Judiciary.
:f
By Mr. M O TT: Petition o f the New Y ork "F ru it Growers’ erhood o f LocomofcjU-e Engineers, favoring the passage o f the
Association, favoring the passage o f Senate bill 7208, fo r mak workingmen’s compensation bill; to the Committee on the
ing the trans-Atlantic steamships liable f< ? the damages o f Judiciary.
M
Also, petition o f tht^Association o f Eastern Foresters, pro
packages, etc., caused through negligence; t© the Committee on
testing against the passage o f legislation transferring the
Interstate and Foreign Commerce.'
Also, petition o f the Association o f Eastern Foresters, protest national forests to the control and ownership o f the States'
Committee on Agriculture.
ing against the passage o f legislation transferring the control within which they lie ; to
Also, petition o f Long Islan d Auto Club, favoring the keeping
and ownership o f the national forests to the States within
o f the Lincoln memorial highway bill in the hands o f the A p
which they lie; to the Committee on Agriculture.
Also, petition o f the Conservation Commission, favoring pas propriations Committee i n s t e a d t h e Library Com mittee; to
%
sage o f legislation for an increase Ira. the appropriation to aid the Committee on the Library.
Federal protection o f forests from fire; to the Committee on
Agriculture.
S E X A T E .S
By Ml-. N EED H AM : Petition o f the Humboldt Chamber o f
Commerce, o f Eureka, Cal., favoring the passage o f Haugen bill,
W e d n e s d a y , January 2^%J913.
preventing the selling o f any colored imitation o f butter; to the
.Committee on Agriculture.
Prayer by the Chaplain, Rev. Ulysses G. Po%Pierco, D. D.
By Mr. P R A Y : Petition o f citizens o f Lincoln and Flathead,
The Journal o f yesterday’s proceedings was film land approved.
Mont., favoring the passage o f legislation preventing any trust,
F I N D I N G S OF T H E C O U B T OF C L A I M
corporation, or individual from obtaining more than 160 acres
The PRE SID EN T pro tempore (M r. G allingeI^l laid before
o f land or timber from the Government; to the Committee on
the Senate communications from the assistant clerk M the Court
the Public Lands.
By Mr. R A K E R : Papers to accompany bill (H. R. 27515) o f Claims, transmitting certified copies o f the findings o f fact
for the relief o f James Diamond for horse lost while hired by and conclusions filed by the court in the follow ing cau ses:
Florence L. Braun, daughter and sole heir o f Thomas J.
the United States Forest Service; to the Committee on Claims.
\
By Mr. R E Y B U R N : Petition o f the T Square Club, Phila Lucas, deceased, v . United States (S. Doc. No. 1045) ;
Weltha Post Leggett, widow o f Mortimer D. Leggett, deceased,
delphia, Pa., /favoring the adoption o f the Mall site and design,
\
as approved by the National Commission o f Fine Arts, fo r a v . United States (S. Doc. No. 1044) ;
Daniel Felton Duffie, son and sole heir o f A lfred N. Duffle,
memorial to Abraham Lin coln ; to the Committee on the
deceased, v . United States (S. Doe. No. 1043) ;
\
Library.
Mary G. Carr, widow o f Joseph B. Carr, deceased, v . United’'
Also' petition o f the Philadelphia Bourse, favoring the pas
sage o f Senate bill 7503. for a 1 -cent letter-postage rate; to the States (S. Doe. No. 1 0 42 );
Morgan K. Barntun, Malvern Hill Barnum, and Raym lds
Committee on the Post Office and Post Roads.
By Mr. SM ITH o f New Y ork : Petition o f Daniel O’Connell Barnum, children and sole heirs o f Henry A. Barnum, deceased,
Division, No. 9, Ancient Order o f Hibernians, protesting against v . United States (S. Doc. No. 1 0 41 ); and
0
CONGRESSIONAL RECORD— SENATE.
3202
L. A. Williams, administrator o f Edward S. Bragg, deceased,
United States (S. Doc. No. 1040).
The foregoing findings were, with the accompanying papers,
referred to the Committee on Claims and ordered to be printed.
r.
MESSAGE FROM THE HOUSE.
A message from the House o f Representatives, by ,T C. South,
.
its Chief Clerk, announced that the House had passed a bill
(PI. R. 2S1S0) making appropriations for the construction,
repair, and preservation o f certain public works on rivers and
harbors, and for other purposes, in which it requested the con
currence o f the Senate.
ENROLLED BILLS AND JOINT RESOLUTIONS SIGNED.
January 29
a board o f river regulation, etc., which was referred to the
Committee on Commerce.
Clifford Lake, all in the State o f Michigan, remonstrating
against the enactment o f legislation compelling the observance
o f Sunday as a day o f rest in the District o f Columbia, which
were ordered to lie on the table.
Mr. BIIANDEGEE. I present a telegram from Charles n
Beckwith, counsel o f the* Board o f Trade o f Springfield, Mass
which I ask may be read and lie on the table.
There being no objection, the telegram was read and ordered
to lie on the table, as follow s:
The message also announced that the Speaker o f the House
,Sfhingfield, Mass., J a n u a r y 2 7 , t o t *
had signed the follow ing bills and joint resolutions, and they lio n . F r a n k B. B randegeb ,
United States Senatef Washington, I). C .;
were thereupon signed by the President pro tempore
S. 2800. An act to authorize the Commissioners M the Dis
It is absolutely necessary to obtain adequate navigation on Con
trict o f Columbia to prevent the exhibition o f obscene, lewd, necticut River for western Massachusetts that Connecticut Itivcr hill
be passed without amendment at this session of Congress.
indecent, or vulgar pictures in public places o f amusement in
S p r in g f ie l d B oard o f T rade
the District o f Colum bia;
C h a r l e s II. B e c k w i t h , Counsel
S. 0019. An act to amend subchapter 2 o f chapter 19 o f the
Mr. M ARTIN o f Virginia presented an affidavit in support
Code o f Law for the District of Columbia;
o f the hill (S. 2043) granting a pension to R. L. Miller, which
S. 7102. An act to amend section 801 o f the Code o f Law for
was referred to the Committee on Pensions.
the District o f Colum bia;
Mr. GALLINGER presented a petition o f the Anacostia Citi
S. 7508. An act to amend an act entitled ‘*An act to reincor
zens’ Association, o f the District of Columbia, praying that an
porate and preserve all the corporate franchises and property
increase be made in the police force o f the D istrict o f Colum
rights o f tire de facto corporation known a a; the German Orphan
bia, which was referred to the Committee on the District
Asylum Association o f the District o f Columbia;
Columbia.
S. J. Res. 153. Joint resolution granting, to the Fifth Regiment
KIOW A AND COMANCHE INDIAN RESERVATIONS (S . DOC. NO. 101G)
Maryland National Guard the use o f the? corridors o f the court
house o f the District o f Columbia upon' such terms and cond'
Mr. OWEN. I present a memorial from the governor of
tions as may be prescribed by the marshal o f the District
Oklahoma, relative to certain lands granted to the State of
Colum bia; and
/
Oklahoma within the K iow a and Comanche Reservations, j
H.
J. Res. 3S0. Joint resolution authorizing the granting o f pipask that the memorial, with the accompanying illustration, be
mits to the committee on inaugural chremoiues on the occasion | f printed as a document aud referred to the Committee on Public
the inauguration o f the President qiect on March 4, 1913, etc
Lands.
PETITIONS AND MEMORIALS.
The PRESID EN T pro tempore. W ithout objection, i f L a
ired.
The PRESID EN T pro tempore presented a petition of the
THE PRESIDENTIAL TERM.
Church Federation Council o f Chicago, 111., praying fo r the
passage o f the so-called Kenyom-Sheppard interstate liquor bill,
Mr. W ORKS. I submit some additional press clippings from
the various newspapers in the country bearing upon Senate
which was ordered to lie on the table.
Mr. ASHURST presented a memorial o f the congregation of joint resolution No. 78. I do this because o f the claim made
the Seventh-day Adventist Church o f Phoenix, Ariz., remonstrat 011 the floor o f the Senate that no public interest is being taken
ing against the enactment o f legislation compelling the observ in this proposed constitutional amendment. I ask that the
ance of Sunday as a day o f rest in the District o f Columbia, clippings may be printed in the R ecord .
which was ordered to lie on the table.
There being 110 objection, the matter referred to was ordered
He also presented a petition o f sundry landowners and home to lie on the table and to be printed in the R|Tord, as fo llo w s:
steaders o f Palo Verde Vfilley, Cal., praying for the enactment Opinions of the press in 1912, compiled by ilwi' National Business
League of America, preliminary to i t s n a t i o n w i d e campaign for a
o f legislation granting to the Homesteaders Irrigation Co., o f
single six-year term for the President of the.JCnited States, with in.
Palo Verde Valley, a perpetual right to sufficient water to irri
eligibility forever thereafter.
/
gate that valley, which was referred to the Committee on Irri
[From the Xge, Birminghajn. Ala.]
gation and Reclamation o f Arid Lands.
Congressman C l a y t o n , chairtpan of tlugfJudiciary Committee,
Mr. BURNHAM presented a memorial o f the congregation of sents a brief but strong report iflksi
the Seventh-day Adventist Church o f Claremont, N. H., and a proposition to extend the
ineligible to
second ter
tnougn a Vice President
memorial o f the congregation o f the Seventh-day Adventist a President the office anda had ser\\d m y even small fraction of a full
succeed to
JBut a
Xf
Church o f Amesbury, Mass., remonstrating against the enact term.
M r. C l a y t o n urges the a d op tion o # t h e p ro p o s itio n because it would
ment o f legislation compelling the observance o f Sunday as a
in adininisfcm tfyn,
day o f rest in the District o f Columbia, which were ordered to lead to higherinefficiency highest o f t i# in the and it f w ou ld p u t an end to
m achine b u ild g in the
g ift o the people.
lie on the table.
The common sense of the voters will V>ut the proposition into the
He also presented a petition of members o f the camps o f Constitution if Congress can be Induced t& submit it. Once ratified it
would
end not only to tiprd-term movements but also to second
Spanish W ar Veterans o f New Hampshire, praying for the en terms, put an are nearly as viejeus.
which
actment o f legislation granting pensions to w idows and minor
children o f Spanish W ar veterans, which was referred to the
[From the Advertiser, Montgom%y, Ala.]
Committee on Pensions.
Inasm uch as the p ro p o sitio n o f RepresentativojkCLAYTON, o f Alabama
Mr. GRONNA presented a petition o f the congregation o f the to m ake a presiden tia l tpfm six yea rs has beerivin th e m inds o f the
Seventh-day Adventist Church o f Dogden, N. Dak., remonstrat people fo r som e m onths, r and has m et w ith 1 1 1 0 m o r less fa v o r, it js
th
and n o t fo u w
the
ing against ihe enactment o f legislation compelling the observ en tirely p robablethe a t six yea rs is subm ittedr to ill V ‘ co p lefinal ch oice of
the p a rty w hen
am endm ent
tlic %
.
ance o f Sunday as a day o f rest in the District o f Columbia,
which was ordered to lie on the table.
[From the Republican, Phoenix, Ariz.]
He also presented a resolution adopted by the Farmers’ Grain
The sentiment in favor of a single presidential tefen is spreading
Dealers’ Association o f North Dakota, favoring the enactment of Senator W o r k s has introduced a bill providing for a angle term, arid
legislation fixing the requirements governing the receipt, trans the Indiana Republican convention last week adopted % resolution iu
\
mission, delivery, and preservation o f messages o f interstate favor of a single term of six years.
The only objection that might be offered would be t\at six years
telegraph and telephone companies, which was referred to the might be too long a period ; that within that time the feeoplc might
desire a change of policies. In that respect a four-year te% i would he
Committee on Interstate Commerce.
Mr. O LIVER presented a petition o f the board o f directors better. There is nothing, however, to he said in favor of two terms
If at the end of the President’ s term the people are satisfie\w ith his
o f the Philadelphia Bourse, o f Philadelphia, Pa., praying for a policies and the manner of their execution, they may elect am^her mail
\
reduction o f the rate of postage on first-class mail matter, which committed to them.
Under our present system a President, though lie might prltfer to
was referred to the Committee on Post Offices and Post Roads.
retire to private life, is practically compelled to seek a rcnomifcition
He also presented a petition of sundry citizens o f Wilkins- and a reelection as an indorsement of his administration.
burg, Pa., praying for the passage o f the so-called Kehyon-Sheppard interstate liquor bill, which was ordered to lie on the table.
[From the Herald, Fresno, Cal.]
He also presented a petition o f the Board o f Trade o f Phila
There is much to lie said in favor of the proposed amendment to
delphia, Pa., praying for the enactment of legislation to create the Constitution of the United States to increase the presidential term
1913.
CONGRESSIONAL RECORD— SENATE.
S. 8158. Christian Bowman.
S. 8159. Stephen Collar.
F
S. 81G0. Baxter Johnson.
£
S. S163. M ary E. Allen.
S. S173. Georgiana Packard.
£
,S. 8187. Josephine E. Miller.
|
S201. Delia H. Austin.
S. 8203. Wendell P. Hood.
S, S20G. Lucy Gamble.
S.^O S. Elizabeth Croft.
S. 8213. Stephen B. Johnson.
S. 8237. Ferdinand O. Tennison.
S. 8289. Thomas Moody.
S. 8210. Charles Belknap.
Mr. JOHNSTON o f Alabama, from the Qdimmittee on M ili
tary Affairs, to which was referred the bill (S. 4211) to en
courage rifle practice and promote a patriotic spirit among the
citizens and youth o f the United States, Reported it w ith an
amendment and submitted a report (No. 11*65) thereon.
Mr. GA1IBLE, from the Committee oh Indian Affairs, to
which was referred the bill (S. 110) to authorize the sale and
disposition o f a portion o f the surplus,' and unallotted lands
*u Todd and Bennett Counties, in the Rosebud Indian Res
ervation, in the State o f South Dakcrfa, and making appro
priation and provision to carry the siQne into effect,_ reported
^ with amendments and subm itted a report (No. 11G6)
thereon.
T 0 8 E M I T E N A T IO N .® . P A B K .
-Mr. W O RK S. r. From the Committee on Public Lands I
report back favorably without amendment the bill (S. 8279)
to amend an act approved October 1, 1890, entitled “An act to
s°t apart certain tracts o f land in the State o f California as
forest reservations,*’ and I submit a report (No. 1163) thereon.
1 ask for the present consideration o f the bill.
The P R E S ID E N T ,p ro tempore. The bill w ill be read for
the information o f the Senate. £
The Secretary read the bill£ and there being no objection,
tlie Senate, as "in Committee# of the Whole, proceeded to its
consideration.
The bill was reported to /th e Senate without amendment,
ci'dered to be engrossed for a; third reading, read the third time,
and passed.
SOLDIERS’ HOMJC A T S A N T A M O N IC A , CAL.
Mr. JONES. Under Seriate resolution 160 the Committee on
Military Affairs or a subcommittee thereof was directed to
?hake an investigation o f the*management o f the Branch National
Home for Disabled Volunteer Soldiers and Sailors at Santa Mon
ica, Cal. A subcommittee was appointed in pursuance o f tlie
Resolution and made the investigation and submitted its findings
and recommendations.
By direction o f the fu ll committee I submit the report o f the
subcommittee (Rept. No. 1167), together with a bill to transfer
the Pacific Branch o f the National Home for Disabled Volunteer
Soldiers to the W ar/Department, recommended by it. In doing
so, I will state th a tih e bill is reported with the recommendation
° f the subcommittee for such action and consideration as the
Senate may desirri to take upon it, and it is not to be under
stood as being recommended by the fu ll Committee on Military
■Affairs. I ask tlriit the bill be placed on the calendar.
The bill (S . 8^97) to transfer the Pacific Branch o f the Na
tional Home for Disabled Volunteer Soldiers to the W ar Depart
ment was road twice by its title.
The PRE SID EN T pro tempore. The Chair w ill take the libcyty o f inquiring o f the Senator from W ashington whether the
t>ill should not be referred to the committee.
Mr. JONES. The resolution directed the committee or a sub
committee to report the facts and their findings to the Senate.
*-juder the peculiar language o f the resolution, I think the bill
should go 4o the calendar.
The PRE SID EN T pro tempore. The bill w ill be placed on the
calendar
2209
The PRE SID EN T pro tempore. To what committee does the
Senator from Tennessee desire to have the bill referred?,'
Mr. SANDERS. The Committee on Commerce.
The PRE SID EN T pro tempore. The Chair is disposed to
refer it to the Committee on Conservation o f National Resources.
Mr. SANDERS. It is really a water-power bill. I think it
should go to the Committee on Commerce, but I am not sure.
The PRE SID EN T pro tempore. The bill w ill be, referred to
the Committee on Commerce.
B y Mr. CLARK o f W yom in g:
A bill (S. 8300) to provide for the admission J o evidence o f
certificates o f the heads o f executive departments and inde
pendent executive establishments to show the ndnemployment o f
persons brought to trial under section 32 o f tbri act o f March 4,
1909, entitled “ An act to codify, revise, and amend the penal
laws o f the United States ” ; to the Committee on the Judiciary.
By Mr. O LIVER :
*
A bill (S. 8301) granting an increase o f pension to Mary F.
Nichols (with''.accom panying papers) ; t o the Committee on
Pensions.
\
By Mr. M c L E j^ :
A bill (S. 8302)\to provide for the erection o f a public build
ing at Naugatuck, ©pun.; to the Committee on Tuhlic Buildings
and Grounds.
\,
A bill (S. 8303) granting an increase o f pension to Sarah L.
Bentley (w ith accompanying papers) ; to the Committee on
Pensions.
By Mr. G R O N N A :
;
f
A bill (S. 8304) for the relief o f Rodger Caplette; to the
Committee on Claims.
B y Mr. JACK SO N :
A bill (S. 8305) to promote and encourage the building o f
modern public highways by g lin tin g aid thereto under certain
conditions; to the Committee off Post Offices and Post Roads.
By Mr. GALLINGER :
%
A bill (S. 8306) to amend an rtfct entitled “ An act to require
the erection o f fire escapes in certain buildings in the D istrict
o f Columbia, and for othjir purposes®” approved March 19, 1906,
as amended by the act approved Manqh 2, 1907; to the Commit
tee on the D istrict o f (Columbia.
By Mr. PE N R O SE :
A bill (S. 8307) granting an increase N pension to Martha J.
df
Strayer (w ith accompanying papers) ;
the Committee on
Pensions.
\
By Mr. M ARTIN o f V irg in ia :
\
A bill (S. S30S) granting a pension to Joseph H. Mayo (w ith
accompanying papers) ; and
\
A bill (S. 8309) granting an increase o f pension to George W.
Brown (w ith accompanying papers) ; to the "'Committee on
Pensions.
:
By Mr. P O IN D E X T E R :
A bill (S. S310) to authorize the construction o f a bridge
across the Pend Oreille River opposite the town ofi Newport,
W ash.; to the Committee on Commerce.
By Mr. W ILLIA M S :
\
A bill (S. S311) providing for a monument to commemorate
the services and sacrifices o f the women o f the country at the
time o f the American Revolution (w ith accompanying papers) ;
to the Committee on Public Buildings and Grounds.
By Mr. BANK H EAD :
\
A bill (S. 8312) for the purchase o f a site and the erection,
o f a public building at the city o f Union Springs, A la .; to the
Committee on Public Buildings and Grounds.
By Mr. C H ILTO N :
A bill (S. 8313) to provide for the erection o f a public build
ing at Williamson, W. V a .; to the Committee on Public Build
ings and Grounds.
A M E N D M E N T S TO A P P R O P R IA T IO N
B IL L S .
M c j j E A N submitted an amendment providing fo r a sur*
mrre the increased depth o f the harbor at Stamford,
dm W niiten ded to be proposed by him to the river and harbor
appropriation bill, which was referred to tlie Committee on
B IL L S INTRODUCED.
Commerce and ordered to be printed.
Mr. OWEN submitted an amendment authorizing the Secre
c o S IL
sA ere iuHoduced, read the first time, and, by unanimous
tary o f the Interior to withdraw from the Treasury o f the
7,
the second time, and referred as fo llo w s :
United States $10,000 on deposit to the credit o f the Creek In
J y « r- SANDERS:
bun v
(S. 8298) to provide for the enlargement o f the Federal dians and pay it to the trustees o f the H enry Kendall College,
j>„ ,
at Chattanooga, Teu n.; to the Committee on Public intended to be proposed by him to the Indian appropriation bill,
which was referred to the Committee on Indian Affairs and
buddings and Grounds.
act t 111
to amend section 9 o f the act entitled “ An ordered to be printed.
He also submitted an amendment authorizing the Secretary
/ ° enable any State to cooperate with any other Slate or
gjj' -,cs’ or with tlie United States, for the protection of the water- o f the Interior to make a per capita payment o f $200 from the
aeenr o f navigable streams and to appoint a commission for the tribal trust funds o f the Seminole Indians to each individual
bilii - c 011 o f lands for the purpose o f conserving the naviga- officially enrolled as a member o f that tribe, etc., intended to
3 o f navigable rivers,” approved March 1, 1911,
j be proposed by him to the Indian appropriation bill, w hich
2210
CONGRESSIONAL BEOOllD— SEN AT E.
was referred to tlie Committee on Indian Affairs and ordered
to be printed.
He also (fo r Mr. C h a m b e r l a in ) submitted an amendment
proposing to appropriate $10,000 for improving tlie Willamette
River, Oreg., intended to be proposed by him to tlie river and
harbor appropriation bill, which was ordered to be printed,
and, with the accompanying paper, referred to the Committee
on Commerce.
Mr. O’ GORMAN submitted an amendment providing for t
purchase o f subsistence supplies for all vessels in harbor-boa fe
service not otherwise provided for, etc., intended to be pro
posed by him to the Army appropriation bill, which was re
ferred to the Committee on Military Affairs and ordered to be
printed.
Mr. SM ITH o f Arizona submitted an amendment proposing
to appropriate $2 0 ,0 0 0 for the erection and completion o f a hos
pital building and equipment at Pima Agency, Ariz., intended
to be proposed by him to the Indian appropriation bill, which
was referred to tiie Committee on Indian Affairs and ordered to
bo printed.
Mr. M ARTIN o f Virginia submitted an amendment proposing
to appropriate $60,000 for the purchase o f not less than 600
acres o f land convenient to the city o f Washington, D. C., to be
used for target-practice purposes, intended to be proposed by
him to the Army appropriation bill, which was referred to thj
Committee on Military Affairs and ordered to be printed.
Mr. RICHARDSON submitted an amendment providing fotf a
survey o f the Leipsic River, Del., intended to be proposed \ y
him to the river and harbor appropriation bill, which was r
ferred to the Committee on Commerce and ordered to be'
printed.
C O N N E C T IC U T R IVE R D A M .
Mr. JONES. I submit an amendment, intended to be proposed
by me, to the bill (S. 8033) to authorize the Connecticut River
Co. to relocate and construct a dam across the Connecticut
River, and so forth. I ask that it be read and lie on the table.
The proposed amendment was read and ordered to lie on the
table, as follow s:
Amendment intended to be proposed by Mr. .T
ones to tlie bill (S.
80.33) to authorize the Connectiut River Co. to relocate and construct a
dam across the Connecticut •River above the Village of Windsor Locks,
in the State of Connecticut, v i z : Strike out /all of section 1 after the
Words ‘•And provided f u r t h e r in line 19, page 2, and insert the fol
lowing :
“ The assent of Congress herein given .shall not be complete and
operative until there shall be filed with tlie Secretary of W ar an agree
ment signed by the said Connecticut River Co. and the proper authori
ties of the State of Connecticut in which is recognized and acknowl
edged the full authority of the State of Connecticut to supervise, regu
late, and control the rates to bo charged by said company, its successors
and assigns, for the energy developed ; and the right of said State from
time to time to readjust such rates ; and the right of said State to super
vise, regulate, and control said corporation, its successors or assigns, its
management, stocks, bonds, or evidences of indebtedness in such manner
as may be provided from time to time by the laws of said S ta te ; and
the right of said State to exact from said corporation, its successors or
assigns, such annual charges as may bo just and reasonable, taking into
account the amount spent and required to be spent by said corporation
in improving the navigation of said river and the right of said corpora
tion to a reasonable return on the fair value of such dam and appur
tenances, works and property, allowing for the cost of construction,
maintenance, and renewal.
'AXi;
i
R
y
thorizing the Secretary o f the Senate to pay the actual pxp0
incurred by the committee attending the funeral o f ti/, ^
Senator J e f f D a v i s . It will take only tlie time to read i j °
There being no objection, the resolution was read, con*’
and agreed to, as fo llo w s :
’
•R1
red, That the Secretary of the Senate be, and lie is hoi.
P i and directed to pay from the miscellaneous items of 0 v> a»
c
Fnt fund of the Spnnfo the ncfnnl and nn/*ossinvv expenses tho Vo!!'
*
;he Senate the actual nnil necessary
'the committee appointed by the President of the Senate nra +
niamittec
?ing for and attending the funeral of the late Kona j- ’ hoiD a v i s , from tlie State of Arkansas, vouchers for the same*'‘ 01! •Rp?
A
proved by tl\e Committee to Audit and Control the Contingent l \ ,e at*.
of the Senate.
C O N T R IB U T IO N S FOR C A M P A IG N P U R P O S E S .
Mr. JONES* I ask the Senate to consider Senate vo<
418, amending Senate resolution 79, in regard to the h
ll*‘
■
' ■
■
tion o f campaijui contributions. ............................... i u v S *
The PRESID EN T pro tempore. The Senator from w
ington asks unanimous consent for tlie present considerati
the resolution n ailed by hint.
*
' °h of
The resolution Was read, considered, and agreed to
lows
Resolved, That Senate resolution 79, agreed to August 20, m io
and the same is hereby,, amended by inserting, on line 2, page 2 y
resolution, after the woifd “ eight,” the words “ November 5, 19 Jot, su
icj
PROPOSED E X E C U T IV E S E S S IO N ;
Mr. CULLOM. I mpve that the Senate proceed to the .
sideration o f executive-business.
Mr. SM ITH o f Georgia. As a substitute for that molioi
move that tlie Senate proceed with the consideration of jp ’’ *
bill 22871, to establish extension departments in com berS
e
with agricultural colleges.
u°U,
The PRESID EN T pro tempore. That motion is not in 0),
under the rule. The question is on tlie motion made )>v o
Senator from Illinois [Mr. « u l l o m ] .
‘
Mr. C LA RK E o f Arkansas*and Mr. SM ITH o f Georgia call,
for tlie j-eas and nays, and ttyey were ordered.
‘
The Secretary proceeded to fa l l the roll.
Mr. SM ITH o f Georgia (w h en Mr. B acon ’ s name w as called)
I desire to state that tlie senior Senator from Georgia
B ac o n ] is detained at home by sickness in ids family.
Mr. CLARK o f Wyoming (when his name was called)
have a general pair with the senior Senator from Missouri j j j ,
S tone ]. I transfer that pair to tlie Senator from Nevada |y.'
M a s s e y ]. I desire this announcement to stand on eac-h y0^
for the day. I vote “ yea.”
Mr. THORNTON (when Mr. F o s t e r ' s name was called) j
mounce the absence o f m y colleague | M r . F o s t e r ] 011 a e c o 'u u j
o f illness in his family, and ask tlftil this announcement stnim
for the day.
Mr. GARDNER (when his name was called). I ha Vi
eral pair with tlie Senator from Massachusetts [M r . ( ’r vsy}*
I transfer that pair to the Senator from Oklahoma [Mr. (b
1 'O ]
re
and vote. I vote “ nay.”
Mr. K ERN (when his name was called). I have
K _
ill
pair with the Senator from Kentucky [Mr. B radley], f ,1 (’lal
i dosire
to transfer that pair to the Senator from Tennessee [Mr V,
and vote. I vote “ nay.”
' jEaJ
P U N I S H M E N T OF M URD ER I N T H E D IS T R IC T OF C O L U M B IA .
Mr. O LIVER (when hjg name was called ). I have a genp,
Mr. JONES submitted the following concurrent resolution (S.
Con. Res. 39), which was read, considered by unanimous con pair with the junior Senator from O regon'[M r. C hamber/ .
I transfer that pair to the senior Senator from Idalio ly
sent, anti agreed t o :
Resolved bp the Senate; [the House of Representatives concurring) , B o r a ii ] and w ill vote. I vote “ yea.”
Mr. PAYNTER (when his name was called). I have ;t
That the President be requested to return the bill (S. 7102) to amend
section 801 of the Code of Law for the District of Columbia.
eral pair with the senior Senator from Colorado [Mr. G u c r -'
H AR B O R R E G U L A T IO N S , D IS T R IC T OF C O L U M B IA .
h e im ].
lie seems not to have voted. 1 therefore withhold ^
ln3
r
The PRESIDENT* pro tempore laid before the Senate the vote.
Mr. RICHARDSON (when his name was called). 1 ]j,lv
amendments o f the House o f Representatives to the bill (S.
1072) to amend section 895 vta. the; V .
o f ujlaa Code o f J i c l \ \ lfor the X H 8 U 1
Law U t ULHJ District general pair with the junior Senator from South Carol? a
o f Columbia, which were, on page 2, line 10, to strike out “ ic
ice, [Mr. S m i t h ] . I transfer that pair to tlie Senator from v lla
snow,” and insert “ or,” and on page 2 , line 1 0 , to strike out
or Mexico [Mr. F a l l ] and vote. I vote “ yea.” I make this
trash .”
nouncement to stand for the day.
’ u'
Mr. SIMMONS (when his name was called). I,have a <0l1
r
Mr. JONES. I move that the Senate concur in the amend
ments o f the House.
eral pair with the junior Senator from Minnesota l-Mr. Clapp]
I transfer that pair to the Senator from Georgia [k r . B acon]
The motion was agreed to.
and w ill vote. I vote “ nay.”
\
H O U S E B IL L S REFERRED.
Mr. TOWNSEND (when the name o f Mr. S m it h oftMicliigan
II. R. 23939. An act to legalize titles in the D istrict o f Co
lumbia to certain citizens was read twice by its title and re w as called). The senior Senator from Michigan [M ri Smith]
is unavoidably absent from tlie city. I desire this statement to
ferred to the Committee on tlie District o f Columbia.
\
H. It. 2&ifS0. An act making appropriations for the construc stand for the day.
Mr. K ERN (when tlie name o f Mr. S m it h o f South Carolina
tion, repair, and preservation o f certain public w orks on rivers
and harbors, and for other purposes, w as read twice by its title was called). I announce the unavoidable absence o f the Sena
tor from South Carolina [Mr. S m i t h ] on account o f illndk
and referred to the Committee on Commerce.
While I am on my feet I desire to transfer my pair witk\he
' F U N E R A L E X P E N S E S OF T H E L A T E S E N A T O R D A V IS .
Senator from Kentucky [Mr. B radley ] to Ihe Senator frX™
)r fr&jii
Mr. CLA RK E o f Arkansas. I ask unanimous consent to dis Maryland [Air. S m i t h ], instead o f to the Senator from TenncY
pose o f a merely formal matter, Senate resolution 425, au see [Mr. L e a ] , as previously announced.
\
191° .
Mr. W ILLIAM S. I have a pair witli the senior Senator froj
Pennsylvania [Mr. Penrose]. I transfer that pair to the Sqtthtor from Maine [Mr. Johnson] and will vote. I vote “ n
The roll call w as concluded.
Mr. L IP P IT T . I have a pair with the senior Senator p o m
Tennessee [Mr. L e a ] . In his absence I withhold my v o t .
Mr. SANDERS. I wish to announce the unavoidable at sence
of the senior Senator from Tennessee [Mr. L ea].
' Mr. DILLIN G H AM (after having voted in the affirm rflve).
I inquire if the senior Senator from South Carolina [Mr.
T il l m a n ], with whom I am paired, has voted?
outh
The PRE SID EN T pro tempore. The Senator from
Carolina has not voted.
Mr. DILLING H AM . Then I w ill withdraw my vote, h iding
a general pair w ith that Senator.
Mr. BANKHEAD. On this question I have a pair w ith \ h e
senior Senator from Oregon [Mr. B ourne ], who is absent from
the Chamber. I therefore withhold my vote.
\
Mr. OWEN. I transfer my pair with the Senator from Kan
sas [Sir. C u r t is ] to the Senator from Nevada [Sir. N e w l a n d s ]
and w ill vote. I vote “ nay.”
r Sir. CULBERSON (after having voted in the negative). I
desire to in qu ire if the Senator from Delaware [Sir. du P o n t ]
has v oted ?
The PRE SID EN T pro tempore. The Chair is inform ed that
that Senator has not voted.
Sir. CULBERSON. As 1 have a general pair with him, I
withdraw my vote.
i Sir. DILLINGHASI. I transfer my general pair with the
Senator from South Carolina [Sir. T i l l m a n ] to the Senator
from Wisconsin [M r. S t e p h e n s o n ] and vote. I vote “ yea.”
Sir. JOHNSON o f Slaine (after having voted in the negative).
I voted upon entering the Chamber ju st now, but I am informed
that a pair had previously been transferred to me. I therefore
withdraw my vote.
Sir. W ILLIA M S. Mr. President, a moment ago I announced
*hy pair with the Senator from Pennsylvania [Sir. P enrose ]
and transferred it to the Senator from Slaine [Sir. J o h n so n ],
who was not then present. I wish now to withdraw the trans
fer. so as to give the Senator from Slaine an opportunity to
v°te, and also to withdraw my vote, and to stand paired with
the Senator from Pennsylvania.
Mr. JOHNSON o f Slaine. Under that statement I vote “ nay.”
Mr. STEPHENSON entered the Chamber, and voted in the
affirmative.
Sir. DILLINGHASI (after having voted in the affirmative).
The Senator from Wisconsin [Sir. S t e p h e n s o n ] , to whom I
transferred my pair with the Senator from South Carolina [Sir.
T i l l m a n ] , having voted, I withdraw my vote.
The PRE SID EN T pro tempore. The Chair w ill ask that the
vote be again recapitulated, there having been several changes.
The Secretary recapitulated the vote.
Mr. CULBERSON. I desire to inquire if the Senator from
Oregon [Mr. C h a m b e r l a in ] is paired?
The PRESID EN T pro tempore. The Chair has no inform a
tion on the subject.
Mr. CULBERSON. The Chair could probably secure it from
the Secretary.
^Mr. O LIVER. Sir. President, the Senator from Oregon [Sir.
C h a m b e r l a in ] is paired w ith me.
The PRE SID EN T pro tempore. The Senator from Oregon,
it has just been stated, is paired.
Mr. CLARK E o f Arkansas. Sir. President, a Senator sitting
hy me suggests that the name o f the junior Senator from Penn
sylvania [Sir. O ivee ] was called on the roll call. Is that a fact.
Mr. O LIVER. Sly name w as called on the roll call, but I
transferred my pair with the junior Senator from Oregon [Mr.
C h a m b e r l a in ] to the senior Senator from Idaho [Sir. B o r a h ]
and voted.
Mr. SSIOOT. I desire to announce that the Senator from
Oregon [Sir. B ourne ] is paired with the Senator from Ala
bama [Sir. B a n k h e a d ], the Senator from New Jersey [Sir.
G riggs ] is paired with the Senator from West Virginia [Mr.
W a t so n ], the Senator from Slichigau [Sir. S m i t h ] is paired
with the Senator from Slissouri [Sir. R eed ], and the SeniHor
from Wyoming [Sir. W arren ] is paired with the Senator fr o
Louisiana [Mr. F oster ]
as announced—yeas 31, nays. 31, as follows
YEAS—31.
Bran degee
grown
Luriiham
Burton
Catron
£ lpvk, V yo .
.rawford
^ulloni
OD'
CONGRESSIONAL I! ECORD— SENATE.
d
Cummins
Gallinger
(lambic
Gronna
.Tacksou
.(ones
Kenyon
Lodge
AIcCumber
Ale-Lean
Nelson
Oliver
Page
Perkins
Richardson
Root
Sanders
Smoot
Stephenson
Sutherland
Townsend
Wetmore
Works
NAYS—31.
A-simrst
Bristow
Bryan
Chilton
Clarke. Ark
Fletcher
Gardner
Heiskell
Bacon
Bankhead
Borah
Bourne
Bradley
Briggs
Chamberlain
Clapp
Crane
Hitchcock
Johnson Ale.
•Tohnston, A la .
.Tohnston, Tex.
Kern
La Follette
Martin, Ya.
Alartinc, N. J.
Myers
O'Gorman
Overman
Owen
Percy
Perky
Poindexter
Pomerene
NOT VO TIN G — 33.
Lea
Culberson
Curtis
Lippitt
Dillingham
Alassey
Dixon
Newlands
du Pont
Paynter
Fall
Penrose
Foster
Reed
Gore
Smith, Aid.
. Guggenheim
Smith, Mich.
Shively
Simmons
Smith, Ariz.
Smith, Ga.
Swanson
Thomas
Thornton
1
Smith, S. C.
Stone
Tillman
Warren
Watson
Williams
So the Senate refused to proceed to the consideration o f
executive business.
agricultural exten sion departm en ts .
Sir. SS1ITH o f Georgia. I move that the Senate proceed to
the consideration o f House bill 22871, known as the agricultural
extension departments hill.
The motion w as agreed to, and the Senate, as in Committee
o f the Whole, resumed the consideration o f the bill (II. It.
22871) to establish agricultural extension departments in con
nection w ith agricultural colleges in the several States receiving
the benefits o f an act o f Congress approved July 2, 1SG2, and o f
acts supplementary thereto.
The PRESID EN T pro tempore. The question is upon agree
ing to the amendment proposed by tbe Senator from Vermont
[Mr. Page].
Mr. SM ITH o f Georgia. Mr. President, I desire to suggest
to the Senate that it is exceedingly important to act to-day
upon this bill, together with the amendments thereto. T o
morrow we take up the constitutional amendment under unani
mous consent, and follow ing that the hill o f the Senator from
Vermont (S. 3) would come up as an original proposition. The
friends o f that measure well understand that if it should be
passed independently o f the House measure it would go to the
House, would be referred to a committee, and there would be
practically no chance to pass any part o f it at this session o f
Congress. On the other hand, if we add to the House bill such
portions o f the amendment o f the Senator from Vermont as
w e have perfected, the amendments would go at once to the
House with the House bill, and necessarily would receive con
sideration. The House might decline to accept them immedi
ately, and then a conference might be necessary. But before
tbe conference committee we would have an opportunity o f
considering the amendments presented by the Senator from Ver
mont and adopted by tbe Senate, and out o f this conference we
could hope for legislation.
It is therefore exceedingly important to act on this measure
to-day, while the House bill is before the Senate, and before
Senate bill No. 3— the original bill o f the Senator from Ver
mont— is reached. It w ill be reached immediately follow ing the
consideration o f the constitutional amendment by unanimous
consent.
I want to suggest to the friends o f the amendment offered by
the Senator from Vermont a few modifications o f it. I wish
very much that the Senator from Vermont were in his place,
in order that we might have his consideration o f these sugges
tions.
Mr. PAGE entered the Chamber.
Mr. SM ITH o f Georgia. I w ill take the liberty o f repeating,
since the return o f the Senator from Vermont, what I have just
s a id : It is extremely important, if we are to pass any o f the
provisions contained in the amendment o f the Senator from
Vermont, that we should have action to-day, as to-morrow we
take up the constitutional amendment under unanimous con
sent and immediately follow ing that the original bill o f the
Senator from Vermont will come up. I f w e should act upon that
original bill, there would be no chance for legislation at this
session.
I think it unwise to send to the House, as an amendment to
the House bill, all o f tlie provisions presented by the Senator
from Vermont. They involve an appropriation o f $13,000,000.
They involve so much new matter that we cofild hardly hope to
obtain fo r them thoughtful consideration. Yet if we should
take about three o f them, instead o f all six, and send them to
the House, there would not he such a volume o f them as to almost
deter the mind from undertaking to consider them. I f we
would take his section 1 1 , making the appropriation to sec
ondary schools that have established distinct industrial or
trades departments, and pass it, omitting section 1 0 ; if we
would take, then, his appropriation to agricultural high schools,
and pass it ; if we would take his appropriation to normal
2212
CONGRESSIONAL RECORD— SENATE.
schools, and pass If-, those three simple and distinct proposi
tions sent to tiie House could be readily brought to the attention o f Members o f the House, and I think there would be
much more hope o f accomplishing something.
I have been continuously working upon this matter whenever
1 have had an opportunity; a m \ l think we could make a few
amendments, by eliminating a part o f the measure for the
present, and pass it. W ith those Eliminations, I am ready to
vote for it, and I am ready to helpNtry to pass it through the
House.
\
Mr. PAGE. Mr. President------ \
The PRESID EN T pro tempore. DiSps the Senator from
Georgia yield to the Senator from Vermont?
Mr. SM ITH o f Georgia. Yes.
\
Mr. PAGE. I shall be very glad, indeed, to have the valuable
assistance o f the Senator from Georgia in perfecting my bill
in any way that seems to be right and best. Rut, as I look at
the matter now, it seems to me that the provisions had better
go through substantially as they appear in the original Page
bill, so called, and then, out o f conference, we may be able to
get some results, such as have been suggested by fctye Senator
from Georgia.
\
I am informed that there will be a little further <118011881031
upon the bill this morning. Meanwhile I will give the matter
consideration, and I w ill see the Senator from Georgia promptly
about it.
'■
%
Mi-. SM ITH o f Georgia. I wish to give to the Senate again,
very briefly, my criticisms upon the appropriation containedvin
section 1 0 .
It is not limited to schools that have industrial department^
It would apply to over 13,000 schools. It would give only
about .$000 to each school. It undertakes to give instruction in
agriculture, in the industries, in the trades, and in household
economics. I do not think anyone who has had experience with
the effort to introduce industrial and trades training in a high
school has failed to find that good work can not be accomplished
except where there is a distinct department devoted to the
work, with equipment and with appropriation sufficient real!
to do something.
In the case o f the work in the trades and the industries, jfou
require equipment with tools; you require separate roomspfor
the instruction; you require a man especially trained, who is
skilled with his hands, and who also has sufficient mental,Equip
ment to give the instruction. You can not put that kin d / f work
into a high school with one or two thousand dollars; and if you
tried it, your money would simply be wasted.
/
The Senator’s second provision, No. 11, recognizes the dis
tinction between undertaking to introduce industrial and trades
work generally in high schools and undertaking to introduce it
only in those which are equipped for it, and it limits the appro
priation to schools with a distinct department, where the amount
o f expenditure will be sufficient to amount to something.
I speak so positively upon this subject because I have seen
the experiment tried. For nearly 20 y e a r s / was actively con
nected with the public schools o f my own city. W e tried the ex
periment of expending a small sum in each school to try to intro
duce industrial and trades work. At th e /n d o f a couple o f years
we were compelled to abandon it and to establish a distinct de
partment o f industrial and trades woik, with a distinct building
and with a much larger appropriation. So far as I have been
able to learn, practically all educators who have been enlisted in
behalf o f trades and industrial w ofk give the same report— that
the money is wasted when you undertake to add it to a high
school without reference to the Preparedness o f the high school
for the work. Not only is it Wasted, but it interferes with the
regular work <>f the high school, damaging that which has been
already done without introducing any new, substantial work o f
veal value.
/
/ Mi-. President, I m ove/to strike from the amendment o f the
ISenator from Vermont/Section 10.
V The PRESIDEN T pro tempore. The Senator from Georgia
proposes an amendment to the amendment o f the Senator from
Vermont, which ycm be stated by the Secretary.
The S kcrutary. It is proposed to strike ou t section 10.
Mi-. CUMMINS. Mi-. President, I think the Senator from
Georgia has forgotten that section 10 has been already strickeu
out.
Mr. SM ITH o f Georgia. A substitute for section 10 has been
placed in the amendment.
Mr. CUMMINS. What was formerly section 3 has been sub
stituted for the original section 1 0 .
Mr. SM ITH o f Georgia. Y es; that is now section 10.
Mr. CUMMINS. W hile I am on my feet, I desire to say that
there is a great deal o f force in what the Senator from Georgia
has said. I prefer the old section 3 to section 10, as proposed
January 2<
)
by the Senator from Vermont, but !
mid not anticipate gvpnf.
results from either section. W hile
Intend to follow the Sem
tor from Vermont in this matter,
kness compels me to s.i1'
that I think the value o f his bill
in oilier provisions in '^
rather than in section 3.
Mr. SM ITH o f Georgia. I w /n t to say to the Senator tlr <
•
I have made up my mind to support section 1 1 . I am goi».,
S°m g to
support it and vote for it.
Mr. CUMMINS. But o f
rsc section 1 0 has been alr<iiUly
stricken out o f the amend lent.
Mr. SM ITH of G e o rg ia / I am referring to the substituted
section, which is the original section 3. I am seeking to direct
the bill to the high school that has an industrial department
as contained in seotion/ll. instead of undertaking to make ail
appropriation to a h i g f school which has no industrial depart,
ment. If we could gar it, I would put the whole $6,000,000 into
section 11 rather tlijfi to have three millions of it in section a
and three millions £ f it in section 11, because from section H
we will really getrresults.
Mr. C U M M IN *
I have some objections, however, to t]le
present form ofyfection 11. I agree, however, that little can be
done, under thb provisions of this bill, in the general high
schools of the/ountry. But 1 do not think the provision should
be so se v e r /w ith regard to those high schools that have a
depart ment jnor instruction in the trades and industries and
home ecoi/mdcs. But I will refer to that later on.
Mr. P A /E . Mr.'President, if I correctly understand the situ.
provision which the Senator from Georgia seeks to
d in the bill is the same section that was stricken
motion o f the Senator from Iowa. The Senate havisscd upon that matter affirmatively, 1 hardly feel as
I could properly consent to a change now, and to a
?rsal o f the action o f the Senate, under the amendment pro.
?d by the Senator from Georgia.
SM ITH o f Georgia. I understood the effect o f the action
Senate to be to substitute original section 3 for section lo
I Senator from Vermont brought it in. I did not under
stand %lie action o f the Senate to be a final determination that
it wouf| even retain section 3 as section 10. It was to the con
sideration o f the advisability o f concentrating our efforts on
section l\. and giving what w e give for industrial and trades
work to schools where they have a distinct department for such
work, 1h atu was addressing myself before the Senate.
Mr. GRO\NA. Mr. President, may I inquire what is the
amendment ]Voposed by the Senator from Georgia?
The PRESID EN T pro tempore. The motion o f the Senator
from Georgia
to strike out section 10 from the amendment
o f the Senator rfcoin Vermont as amended.
Mr. GRONN a X Mr. President, I had not intended to make
any observationsVpon this particular section o f the bill, j f
however, we are t\ ta k e for granted everything that has been
said here in regar\ to this particular section, then farming
is indeed a limited i V
I am somewhat su rV ised to hear Senators say that they are
opposed to the provision for vocational education and instruc
tion in the trades and industries and home economics because
-it would not better th eV on dition s on the farm. Does any
Senator mean to say that the farm er has not as much use for
a vocational education or Special training in the trades and
home economics as those engaged in any other industry? The
farm er has as much use for the trade o f blacksmith or car
penter or harness maker as any o f the persons engaged
those trades in the cities.
I should like to have some o f these “ farmers ” who come
from the large cities tell me what w ork is to be done on a
farm. I have not opposed the passage o f the so-called House
^ ill. I am not saying now that I intend to oppose the passage
I f the House bill.' But it seems to me that the farm er in the
riarge city is more interested in the passage o f this measure
'than are the real farmers who live on their farms.
Are w e expending these millions o f dollars merely for the
benefit o f the farm er? Have we a right to take the money
from the Treasury o f the United Stales for the sole purpose
o f helping the farm er? Is it the belief o f any Senator that
the provisions o f this bill will accomplish that very purpose?
Mr. President, you can not name a single trade embodied iu
this measure offered by the Senator from Vermont but what the
farmer has as much use for it and it is o f as much benefit to
the farmer as it is for him to take hold o f the plow handle and
plow the ground.
Farming has indeed become very limited in its scope if noth
ing more is required of those engaged in it than the mere knowl
edge of knowing how to handle the shovel and the plow. You
tell me that farming is the greatest industry in the world.
I say yes; perhaps 1 ought not to say it, because I am a prac-
191° .
O
CONGRESSIONAL RECORD— SENATE.
I f you want to help the people of tke United States you wi
accept tke amendment offered by tke Senator from Vermo
Ii'- Page], because tkat is a measure wide enough in its scop
1 benefit not only one industry, but every industry in tke
aited States. Ok, you may tell me tkat there is no necessity
- * vocational education or for instruction in tke trades and
‘ me economics. Are you going to deny the farmer’s daughter
'be opportunity of getting an education in home economics?
e you going to deny to the children of the men of the
tes
1 -o right to receive some instruction in tke trades and
tlie
vocations which are absolutely necessary to carry on tin/great
industries of this country? I care not where these men /ia y be
located or where they may live, when you have taken thjfir boys
or their girls and given them an education in the vocations, in
their
the trades, or in home economics, you have increas
efficiency, 3-011 have done something for the people of our ountry.
The Senator from Georgia is perhaps as well qualifier to talk
upon this subject as any man in the Senate. I have n
< tried,
yance
^Ir. President, to express any theory of my own or to
:ew
any new pkilosopli3'. I have simply called attention to
facts which are practical in everyday life. I desire to rep^
in order to emphasize the fact, that there is as much need for
vocational education and knowledge of the trades on the farm
ns anywhere else on earth, because the farmer, to be successful,
must at least have some one in his family or some one on his
farm who has knowledge and ability- as a blacksmith, as a car
penter, and as a harness maker.
The farmer’s wife certainly is expected to understand her
duties as a housewife, and she has the absolute right to instruc
tion in home economics as much as anyone else.
I did not expect to take up so much of the time of the Senate.
The Senator from Iowa [Mr. K e n y o n ] reminds me, however,
of something I have overlooked— that it is as difficult, and more
so, to get servants to help do the housework as it is to get
laborers to do the work on the farm. Farmers who are getting
along in years and who find it difficult— and they all find it
difficult— to have the work done on the farm, are anxious to
sell their farms, not because they do not love farm work— be
cause it is a delightful work if you are not worked too hard—
but because it is impossible, under existing conditions, to take
any recreation and enjoy the pleasure that every man and wo
man is entitled to whether in the city or in the country. It is
impossible to get service either in the house or upon the farm.
For these reasons, Mr. President, if we are to pass a bill at
all, I ask Senators to consider the amendment offered bj- the
Senator from Vermont upon its merits, and if they do, I believe
they will incorporate it in the House bill or accept it in place
of the House bill.
Mr. SANDERS. Mr. President, agricultural education and
education in the trades should go hand in hand. They are of
equal importance. Our way of living in this day leads us to
interchange the labor of the city and the labor of the country,
both in the matter of seasons and in 'the effort to better condi
tions. Sometimes it drifts toward the country and sometimes
toward the city. Our smaller places throughout the couutry
are getting to be manufacturing places as well as the cities.
So we have industrial pursuits and agricultural pursuits all
mixed up, and there is no reason why they should not be treated
upon a par.
I am therefore in favor of providing for education in the
trades as well as for education in agriculture, both at the same
time and in the same way.
Id
There is another thing that is sometimes overlooked. That
is that farm ing is no longer a matter o f everyday drudgery.
Farming to-day is done by machinery; and there is nothing so
much needed on the farm to-day to make it profitable and to
make farm life tolerable as that the farm people shall be edu
cated in the trades.
Take the matter o f engineering, for instance. It might be
thought that that would never be practiced except in the cities.
But to-day the traction engine is going all over the country
it is taking the place o f the horse, and engineers are want
everywhere.
Take the milling o f the country. Not very far back it
confined to the cities and to places that had water power
to places where it was convenient to build steam mills. N
adays the power is furnished b.v gasoline engines, which
being sold literally by the million to go to all parts of
country, it is necessary to have men who are skilled in th e
trades not only to operate those engines, but to operate all of
tbe subsidiary machinery that goes with them.
So I think what we should do, Mr. President, is to adoptithe
amendment offered by the Senator from Vermont, and to Bass
it and the so-called lk>ver bill at the same time.
2215
The P R E SID EN T pro tempore.. The question is on the
amendment of the Senator from Georgia.
Mr. GRONNA. Mr. President, I suggest the absence of a
quorum.
The P R E SID EN T pro tempore. The Senator from North
Dakota suggests the absence of a quorum. The Secretary V i l l
call the roll.
The Secretary called the roll, and the following Senators
answered to their nam es:
Ashm-st
Bankhead
Bradley
Brandegee
Bristow
Brown
Bryan
Burnham
Catron
Clark, Wyo.
Clarke, Ark.
Crawford
Cullom
Dillingham
Fletcher
Gallingcr
Gamble
Gardner
Gronna
Guggenheim
Hitchcock
Jackson
Johnson, Me.
Johnston, Ala.
.Tones
Kenyon
Kern
Lippitt
Lodge
McC umber
McLean
Martine, N. J.
Nelson
Newlands
Oliver
Overman
Owen
Page
Pay n ter
Percy
Perkins
Perky
Pomerene
Richardson
Root
The PRE SID EN T pro tempore. On the call of the roll 57
Senators have answered to their names. A quorum of the Sen
ate is present. The question is on the motion of the Senator
from Georgia [Mr. S m i t h ] to strike out section 10 of the pro
posed amendment.
Mr. GRONNA. On that I demand the yeas and nays.
The yeas and nays were ordered.
Mr. PAGE. Mr. President, I hope the amendment offered by
the Senator from Georgia will not prevail.
The PRE SID EN T pro tempore. The roll will be called on the
amendment of the Senator from Georgia.
The Secretary proceeded to call the roll.
Mr. D ILLIN G H A M (when his name was called). I 11 the ab
sence of the senior Senator from South Carolina [Mr. T il l m a n ]
from the city I transfer my pair with that Senator to the Sena
tor from New Mexico [Mr. F a l l ] and vote “ nay.”
Mr. GARDNER (when his name was called). Notwith
standing my pair with the Senator from Massachusetts [Mr.
C ra n e ] I am at liberty to vote on this proposition. I vote
“ nay.”
Mr. LIP P ITT (when his name was called). I have a general
pair with the senior Senator from Tennessee [Mr. L e a ], and
in his absence I withhold ni3r vote.
Mr. OLIVER (when his name was called). I have a general
pair with Ihe junior Senator from Oregon [Mr. C h a m b e r l a i n ] .
Not knowing how he would vote upon this question I withhold
my vote.
Mr. R IC H AR D SO N (when his name was called). I have a
general pair with the junior Senator from South Carolina [Mr.
S m i t h ] and withhold my vote. I f I were at liberty to vote I
would vote “ nay.”
Mr. W IL L IA M S (when his name was called). I wish to an
nounce my pair with the senior Senator from Pennsylvania [Mr.
P enrose ], and therefore I withhold my vote.
The roll call was concluded.
Mr. SIMMONS (after having voted in the negative). 1 am
paired with the Senator from Minnesota [Mr. Clapp ], but I
transfer that pair to the Senator from Georgia [Mr. B a c o n ] ,
and let my vote stand.
Mr. CUMMINS. The junior Senator from Oregon [Mr.
C h a m b e r l a in ] is absent from the Senate on public business.
Mr. B A N K H E A D (after having voted in the affirmative). 1
am paired with the senior Senator from Oregon [Mr. B ourn e ],
who is absent on business of the Senate, and I withdraw un
vote.
The PRE SID EN T pro tempore (after Mr. G allingeb had
voted in the negative). The present occupant of the chair is
paired with the junior Senator from New York [Mr. O'Gonvivxj.
As that Senator has not voted, the vote is withdrawn.
The result was announced, 3-eas 12, nays 44, as fo llow s:
Y E A S — 12.
Perky
Pomerene
Root
Asliurst
Bryan
Burnham
Burton
Ileiskell
McCumber
B rad ley
Brandegee
Bristow
Brown
Catron
Clark, Wyo.
Clarke, Ark.
Crawford
Cullom
Cummins
Dillingham
N A Y S — 44,
Dixon
Kern
Floteher
Lodge
Gamble
McLean
Gardner
M artin, Ya.
Gronna
Martine, N. J.
Guggenheim
Nelson
Hitchcock
Newlands
Johnson, Me.
Overman
Johnston, Ala.
Page
Paynter
Jones
Percy
Kenyon
Smith, Ariz. .
Smith, Ga.
Thomas
Perkins
Sanders
Simmons
Smoot
Stephenson
Sutherland
Swanson
Thornton
Townsend
Wei more
Works
1
2916 '
-
CONGRESSIONAL 1
-SENATE.
J an u ary
.
29
NOT VOTING— <
39.
Curtis
du Pont
Fall
Foster
Gallinger
Lippitt
Massey
Myers
Shivelv
Smith, Md.
Smith. Mich.
Smith, S. C.
Stone
Tillman
Warren
Watson
Williams
Of the Senate for one minute on this matter. 1 w ill simpm
£ av that this bill has been submitted to the different Stated
A n d 35 o f the different States have said that they approve tp j’
O’Gorman
Oliver
feature o f the bill, or they have really approved the bill
Gore
"•
Owen
j
f have not objected to this feature.
Jackson
Penrose
Johnston, Tex.
Poindexter
r The PRE SID EN T pro tempore. The question is on agreeing
/
Pa Follette
Reed
to the amendment proposed by the Senator from Georgia [ip?
Lea
Richardson
S m i t h ] to the amendment.
So the am endm ent o f M r. S m i t h o f G eorgi; 1 to the am endprent
The amendment to the amendment w as rejected.
w a s re jected .
The PRESID EN T pro tempore. The question is on the
Tbe PR E SID E N T pro tempore. The question now is upon amendment in the nature o f a substitute submitted by the Sep.
agreeing to the amendment in the nature o f a substitute.
ator from Vermont.
Mr. SM ITH of Georgia. On page 16, o f section 21, I move to
Sir. PAGE. I now wish to withdraw that amendment with
strike out, beginning at the middle o f line l o ; the balance o f the consent o f the Senate. May I be permitted to do so?
section 2 1 .
The PRESID EN T pro tempore. The amendment bavins heeu
The PRESIDENT pro tempore. The amendment will be amended, it would not be iu order.
stated.
Sir. PAGE. I give notice that when the bill comes into the
The S e c r e t a r y . On page 16, line 15, after the numerals and Senate I shall move to strike out all after the enacting clans
the semicolon, strike out the remainder o f the section in the and insert the Page bill in its entirety.
follow ing w ords:
The PRESID EN T pro tempore. The question is on agreeing
But the total number of such agricultural high schools in any State to the amendment proposed by the Senator from Vermont as a
shall not be less than 1 for each 15 counties nor more than 1 for each substitute.
5 counties or fraction of 5 counties. Any such agricultural high school
The amendment w as agreed to.
shall be open to admission without tuition charges and upon the same
conditions to all persons otherwise qualified as herein provided residing
The PRE SID EN T pro tempore. I f no further amendments he
in the district in which such school is located; but such school may
be supported and controlled by tbe State, or by the district in which proposed as in Committee o f the Whole, the bill w ill he reported
to the Senate.
it is located, or by a portion thereof.
The bill was reported to the Senate as amended.
Mr. PAGE. Mr. President, I hope the amendment may not
The PRESID EN T pro tempore. The question is on concur,
prevail.
ring in the amendments made as in Committee o f the Whole.
Mr. SM ITH o f Georgia. Mr. President, I wish to state why
Mr. PAGE. I now move in the Senate, instead o f the amend,
I think it is important that this amendment should prevail.
ments as reported by the Committee o f the Whole, to strike out
The provision that I move to strike out undertakes to lim it the
all after the enacting clause and insert the Page bill in
size o f the territory in which these high schools shall exist.
entirety.
It says that in no case shall there be less than 5 counties and
Mr. SM ITH o f Georgia. Mr. President, I think that is a grout
in no case shall there be more than 15 counties. I think the
mistake on the part o f the Senator from Vermont. I hardly
authorities o f the State ought to be allowed to determine the
think .it is treating justly those who have helped make tlfi8
size o f the territory covered by an agricultural high school.
measure. He came in himself with the House b ill; w e perfected
The only effect o f the amendment to strike out is to leave
the House bill, and we put in the essence o f his bill which was
the size o f the territory in which the agricultural high schools
not contained in the House bill as an amendment to the House
are to exist to the authorities o f the State. I can not see any bill. Now, be goes back to bis bill No. 3, abandons the amend
advantage in undertaking to determine it ourselves by counties. ments that w e have just adopted, abandons the bill that we have
Some counties are very large and other counties are very adopted as in Committee o f the Whole, and asks us to strike
small. Some States have very small counties and other States out the measure that we have perfected as in Committee of tfie
have very large counties. To say that no high school, no mat
Whole.
ter how small the counties, shall have over 15 counties, and that
I only desire to let the Senate understand w hat his motion is
no high school, no matter how large the counties, should have and upon agreeing to it I call for the yeas and nays.
less than 5 counties, it seems to me is an unnecessary inter
Mr. HITCHCOCK. Mr. President, I trust the Senator f rom
ference with the plan o f location o f the high schools.
Vermont will not press that amendment. I feel it is hardly
The PRE SID EN T pro tempore.
W ill the Senator from just to those who have supported his proposed measure who are
Georgia please suspend for a moment? The hour o f 2 o’clock friends o f the Lever bill and who assumed from statements }ie
having arrived, it is the duty o f the Chair to lay before the made that he was willing to accept the Lever bill as a part of his
Senate the unfinished business, which w ill be stated.
own measure. I certainly have acted upon the theory that the
The S e c r e t a r y . A .joint resolution (S. J. Res. 78) proposing Senator from Vermont was willing to incorporate his bill and
in amendment to the Constitution o f the United States.
the Lever bill in one measure, and now to make a change at this
Mr. W ORKS. I ask that the unfinished business be tem time it seems to me is not wise and it is hardly just.
porarily laid aside.
Mr. PAGE. Mr. President, I wish to say that on the 1 7 ^
The PRESID EN T pro tempore. The Senator from Califor day o f January I made a motion to amend. A fter I had made
nia asks unanimous consent that the unfinished business may that motion the Senator from Georgia came to me and asked
>e temporarily laid aside. Is there objection? The Chair hears me i f we could not reach some compromise. It almost took
tone. The Senator from Georgia w ill proceed.
my breath away when he came, and I said------ Mr. SM ITH o f Georgia. The object o f my motion is to free
Mr. SM ITH o f Georgia. I wish to correct the Senator. j
die bill from that objection. It does not in any sense lessen did not ask the Senator to make a compromise.
he appropriation for the agricultural high schools. It lets
Mr. PAGE. Mr. President, I w ill retract what I said, j
she agricultural high schools stand exactly upon the plan the will say that I stood upon the other side o f the Chamber and
hill provides, but it removes the limitations as to territory.
the Senator came to me, and that is what I understood him to
Mr. HITCHCOCK. I understood the amendment as read say. I said, “ Senator, I am very happy indeed to do this, pe_
by the Secretary to include also the last sentence o f the sec
cause my friends on this side have urged me to make some
tion. Possibly that was a mistake.
compromise with Senator S m i t h . I w ill meet you at your house
Mr. SM ITH o f Georgia. That was a mistake. It is to strike
and we w ill see if we can not agree upon some compromise.”
out all down to the word “ but.”
I did so, and when I came back into the Senate imagine my
Mr. HITCHCOCK. I should like to have the amendment surprise when I found that that compromise had not been un
stated again from the desk, so that we may know exactly what
derstood by the Senator from Georgia. W e have found our
is proposed to be stricken out.
selves with a variety o f changes o f views here in regard to
The PRESIDEN T pro tempore. The proposed amendment
the amendment which I offered on the 24th day o f January, as
will be read.
I supposed to meet the wishes and views o f the Senator
The S e c r e t a r y . On page 16, line 16, after the numerals an d from Georgia. I find that I was mistaken.
the semicolon, strike out down to and including the word
Now, I want to say to the Senator from Nebraska [Mr
“ located ” and the semicolon on line 23 in the follow ing w o rd s:
H i t c h c o c k ] , because he has been a friend o f this measure from
But the total number of such agricultural high schools in any
State shall not be less than one for each 15 counties nor more than the first, that Senate bill No. 3 and the Lever bill are almost
one for each 5 counties or fraction of 5 counties.
Any such identical, the difference being that the Lever hill appropriates
agricultural high schools shall be open to admission without tuition ,$3,480,000 and Senate bill No. 3, $3,000,000. I would be quite
charges and upon the same conditions to all persons otherwise qualified
as herein provided residing in the district in which such school is willing that in conference any amendment should he made that
located.
was thought best, but for the time being I find that I have
Bacon
Bankhead
Borah
Bourne
Briggs
Chamberlain
Chilton
Clapp
Crane
Culberson
1913 .
CONG EESSIONA L EECOED— SENATE.
2-223
have not time to study all questions in detail— that the Senate
Mr. LODGE. I thought from what the Senator said the
lias rejected the House bill, and has substituted for it the motion was to substitute the Senate bill. If it were substituting
Senate bill. Immediately they w ill say to one another: “ W hat the Senate bill for the House bill, it would go back as a Senate
do you know about the Page b i ll? ” “ Not m uch; virtually bill with the Senate number, and o f course it would go to the
nothing.”
“ Our bill was considered in committee.
W hat committee and would not go into conference.
course shall we ta k e ? ” Immediately it w ill be concluded that
Mr. W ILLIAM S. That is a distinction, but it is not a d if
the best course w ill be to send the bill to the Committee on ference, and it is the difference to which the House will, in my
Agriculture o f the House, in order that that committee may opinion, pay attention, not the mere distinction.
study the bill and report it back to the House with some en
Mr. LODGE. But I mean if it was a substitution, then it
lightening inform ation as to the differences between the two would go back, o f course, as a Senate bill, and would go to (he
bills.
committee.
This is a very small body, composed o f ninety-odd Members.
Mr. W ILLIAM S. I understand that.
Yet, to-dav, w e have seen the best-informed Senators on the
Mr. SM ITH o f Georgia. By striking out all after the enact
floor rise and ask for information as to the difference between ing clause it would be a Senate bill w ith a House number.
two bills which have been pending here for— I will not undertake
Mr. W ILLIAM S. So, when it goes back to the House from
to say how long. There is the real danger in this situation.
the Senate and the Senate has stricken out all o f the House
Of course, I understand, and everybody understands, how two bill except the enacting clause and substituted for it a Senate
very honorable men may meet and discuss matters, and one may bill, unless you can assure the parties in charge o f the bill, and
Sfty : “ I am o f the opinion that this ought to be d on e.’ The not only can but are willing to assure the House, that the two
other one s a y s : “ I do not know but that I could agree with bills are either identical or there are immaterial differences,
you about that.” The first one sa y s: “ I think this ought to the Members o f the House w ill want to have it examined by a
be done.” Then the other, having heard what the first is willing House committee. They are not willing to act merely upon
to concede, w ill s a y : “ I w ill agree to that.” When you get the deliberations o f the Senate.
Mr. McCUMBER. Mr. President, I want to ask the Senator
through you have a mutual misunderstanding; and yet both
Part with no agreement on the part o f either to do precisely from Mississippi if IJje 400 Members o f the House w ill feel
" h a t the other desires. In fact, I think it is well, when men that they know anything more about the Page amendment
llleet together and begin to talk about a difference, to remember when it is put in divers amendments, as it has been in Com
mittee o f the W h p e already, than when put in a single amend
always that the conversation, as a rule, is tentative.
I ask the attention o f the Senator from Vermont. I am not ment in the Senate.
asking him a question, but I am afraid if you go to the House
Mr. W ILLIAM S. Absolutely they will, because, in the first
°£ Representatives, as numerous a body as it is, as crowded place, they Have been discussing one bill, and whether they
with all sorts o f business as it is, four times as much crowded will know o f not, they w ill think they know. This is a psycho
as we are in every way, and say to them that you have sub logical problem, and they w ill think they know, and thinking
stituted for a House bill a Senate bill, unless you are able to that tlie^ H ouse bill has come back passed by the Senate with
say to them that the Senate bill is identical with the House certainphmeudments, they w ill be willing to let the House bill
bill or identical except for immaterial variations, the course go to,, the conferees in order that the differences between the
taken by the House would be to send the bill to the committee two ..Houses concerning the amendments may be settled. In
ffistead o f sending it at once to conference. W e are within 30 otker words, the essential thing in their minds is, if the House
P ’ ” 0 days o f adjournment, and I do not believe I would take b.jll is passed, then there w ill be no trouble about sending it to
.1
hat chance. The point I want to make is that the tw o Houses Conference at once.
be further apart actually, because they are nominally
The PRE SID EN T pro tempore. The pending question is on
further apart, if you take that course.
f \ the motion o f the Senator from Vermont to stx-ike out all after
j f confess w ith some degree o f shame that I have had my mjrfil the enacting clause o f the bill and insert a substitute.
« lely dwelling more upon some other matters than upon jm is
Mr. CUMMINS. Mr. President, I then vote against the
tea sure, and I really do not know just how far the Comipmtee proposition now before the Senate made by the Senator from
Vermont, and 1 desire to state very briefly why I w ill do it.
. .°. W hole adopted the provisions o f the Lever bill a*fd the
I have been for the Senate bill, prepared in a large measure
Provisions o f the Page bill, but if they have substantjRIly in
cluded the essential parts o f both bills in one bill, thofi I have by the Senator from Vermont, and for which he is entitled to
fl° doubt about the fact that the prospect o f securing actual tiie greatest possible credit from the beginning until he entered
legislation would be much better if the matter wercsjlent to the upon this discussion. I think it was I who first suggested to
the Senator from Vermont that in order to make certain o f
House in that way.
g
Mr. LODGE. Mr. President, I was out o f thofSenate when some legislation upon the subject he offer Senate bill No. 3
'fle motion was made. Is this a motion to sub*itute, striking as a substitute when the House bill came before the Senate.
I know nothing about the conference between the Senator
°ut all after the enacting clause?
g
Mr. W ILLIA M S. I w ill say to the Seiidfor from Massa from Vermont and the Senator from Georgia, and I do not
chusetts that the method o f doing business^ in the Senate he care to inquire into it. I only know that at one time the Sena
understands better than I. We have nojming before us im tor from Vermont stated that he understood they had reached
mediately, but the Senator from VermonUgave notice, I under- an agreement, and that the Senator from Georgia rejected that:
construction o f their conference. My interest in this special
■ uud, that when the bill got into the Seitfite-----matter was after that time, after the Senator from Georgia
at1 LODGE. We are in the Senate now.
"
Mr. W ILLIA M S. He would su bsti$te the Page bill for the had indicated that he had entered into no agreement with the
Lever bill.
f
Senator from Vermont, after we all understood that the Senator
. M l LODGE. W e are in the Senate now, but what I wanted from Vermont offered the substitute which bears the date o f
reformation about, because I was out o f the Chamber, was the January 24, 1913. That substitute is a reproduction in its first
question whether the motion is to strike out all after the nine sections o f the House bill. There is no change whatsoever.
The remaining sections are a reproduction o f Senate bill No. 3,
enacting clause and insert.
with the changes that had been made by the Senator from Ver
M l W ILLIAM S. The Page bill,
i
LODGE. I f that is thp motion, o f course that takes both mont at the suggestion o f the Senator from Georgia. He so
declared.
uls into conference.
I was intensely anxious (hat nothing should happen that
M l W ILLIAM S. O f course it does.
would impair the chance for successful legislation, and therefore
\r LODGE. It retail's the House number,
b'li • W I L I A M S . I hog the Senator’s pardon; it takes both when the Senator from Georgia arose and said to the Senator
,1Jls into conference under the House rules unless a motion is from Vermont that he hoped he would offer that part o f his
j'a d e and carried to send it to the Committee on Agriculture. substitute beginning with section No. 10 as an addition to the
. c you take 400 men and they do not know what the Senate bill House bill, the House bill having been reproduced in terms in
’ R‘oy are not going to rush it into conference. A conference the first nine sections o f the substitute in the hands o f the
. 1 Lie Senate is bad enough, but a conference at the other end Senator from Vermont, it seemed to me that w e would be surer
s worse, because there are 400 Members; things have to be o f that legislation if the suggestions o f the Senator from
uderstood, have to be explained to them, and men are not Georgia were accepted, and I arose, caring not a whit whether
m i 8 to take UP an entirely new bill and have it voted upon the legislation came from the House or whether it came from
iHtoi- a proposition that on amendment numbered 5 o f the Senate the Senate. It makes no difference to me where it originates
tlm t ° Use conferees disagreed, and on amendment numbered 3 or who originates it. I simply desire the legislation itself.
I 0 House conferees agree, and so on. The House insists upon It seemed to me that the easiest and the surest way o f reaching
eping its business in its own hands, upon a few occasions our end was to attach what might be called the Page jiart o f
hen it can, and when a matter goes to conference it really can this legislation to the Lever part o f the legislation, if I may
i0t do so.
______________
so designate a House bill and a Senate bill. I so declared, and
CONGRESSIONAL RECORD— SENATE.
expressed tlie Rope that tlie Senator from Vermont would adopt
that course.
The Senator from Vermont did adopt that course, and so d<
da red-from his seat. He not only so declared, hut he did off<
these parts o f his bill from section 1 0 through to the end as
amendment to the House bill. I know that he did that in p<
feet good faith. I know that he has but one desire, and th
is to secure wise legislation upon this subject. But having ei
barked upon this course at my suggestion, he may feel himself
at liberty to depart from that course, but I do not. I think f e
ought to adhere to the plan which resulted in the offer o f t ie
sections after No. 10 o f the Senate bill. I believe so because
there is a certain good faith which requires us to adhere to
that course, and, second, because I believe it w ill tend to allay
the irritation which little by little is creeping into the Senate
upon the whole matter.
I sincerely hope that the Senator from Vermont will not per
sist in offering the original bill as a substitute, if you please, for
the House bill, but will be content to pursue the course which
was adopted day before yesterday and which has already had
results so gratifying to every friend o f both agricultural and
vocational education.
I must not be understood by this as meaning to say that there
are not certain parts o f the Lever bill, so called, rather objec
tionable to me. I think there ought to be some amendments,
and we ought to make them now. I happened to be out o f the
Senate for a moment, and I did not dream that the amendment
would be adopted so quickly and that the bill would pass from
the Committee o f the W hole into the Senate, or I would have
suggested certain amendments. I do not believe at all in the
extension o f the franking privilege. That is a matter which is
very easily corrected by a simple amendment. Striking out half
a dozen lines in the House bill w ill correct that error, if it be
an error, as I think it is.
Again, I agree with the Senator from Vermont that each
Slate ought to duplicate the contribution o f $10,000 per year, as
well as the additional sums that come in year after year. I
think it would deepen their sense o f responsibility, and it would
be more in harmony with the entire structure o f the House bill.
But those are mere matters o f detail that can be very easily
corrected.
I Again, there w ill have to be certain amendments made in the
bill as it is now in the Senate. Day before yesterday section No.
1 0 , as it appeared in the original bill offered, was stricken out
upon my motion, and the language found in section 3 o f the
Senate bill was inserted in its stead. That makes a difference
in certain phraseology throughout the whole bill, as the Senator
from Vermont w ill assure the Senate. I think in h alf a dozen
sections o f the bill there recurs the words “ rural-school fund,”
and after the adoption o f my amendment there w ill be no ruralschool fund. Wherever those words occur they must be stricken
out and the words “ secondary-school fund ” must be substituted.
Mr. PAGE. I f the Senator w ill allow me, the original Senate
bill No. 3 is as the Senator from Iowa desires it.
Mr. CUMMINS. Precisely.
air. PAGE. It says “ secondary schools, or schools o f sec
ondary grade, or high sch ools” shall mean schools offering
courses in advance o f the elementary schools, and so forth.
air. CUaiailNS. But nowhere is it called a rural school.
air. PAGE. Not in the original Senate bill No. 3.
air. CUMMINS. Inasmuch as the original section has been
now restored, the original phraseology describing it must be
also restored.
I rather think that the Senator from Vermont did not benefit
what might be called his part o f the bill by trying to weave into
it the suggestions o f the Senator from Georgia. They do not fit
very well, in my opinion, and I would be very glad "if he could
take the old Senate bill, with the exception o f section 7, and
offer it. I have no objection to that, but I do object, in view o f
everything that has occurred, to changing the whole course o f
procedure and now attempting to eliminate the House bill by
substituting for it another measure. I would have been per
fectly willing to have pursued that course had not the incident
occurred which did occur here day before yesterday. I shall
therefore vote against the proposed substitution by the Senator
from Vermont.
Mr. PAGE and Mr. BR ISTO W addressed the Chair.
The PRESIDEN T pro tempore. Does the Senator from Ver
mont yield to the Senator from Kansas?
.Air. PAGE. I yield to the Senator.
Air. BRISTO W . I understand that the bill as it is now
before the Senate can be amended or perfected before the sub
stitute amendment is voted upon.
The PRESID EN T pro tempore. Unquestionably.
J a n u a r y 29
All*. BRISTO W . I therefore move to strike out section
o f the bill as it is now before the Senate. It is the seetin
that relates to the franking privilege, beginning on iiUe $
The PRESID EN T pro tempore. Tne amendment will »
sttited.
The S echetaby . Strike out from the House bill sectior
m
which reads as follow s:
That all correspondence for the furtherance of the purposes at
ri iccnrvl from the agricultural
>
A
act- issued ftH m +hf» n•vricnlt u r n l colleges trt Ihoir agents, or h this
to their
agents of the said extension departments thereof receiving the i"y the
of this act, shall be transmitted in the mails of the United
free of charge for postage, under such regulations as the 1‘ ostm atps
General from time to time may prescribe.
Linaster
The PRESID EN T pro tempore. The Senator from Kan
moves to strike out the section just read. r
The question * * 8
on agreeing to the amendment o f the Senator from Kansas ls
Mr. LODGE. Air. President, I think that section o u g h t.to
r.
°ught
be stricken from the bill. It is perfectly easy to make n°
:o m e
tn th'
allowance in their accounts to the agents in m e field or to Jr1
111 the neia
colleges to be paid from the fund. The amount will not h
large. But if you open this service to the franking privilo
you open a door to a great deal o f misuse o f the mails V
is almost impossible to keep the franking privilege within t]
proper limitations. I certainly think that a general proviso
like this for the franking privilege is a very mistaken one, n!?'!
I hope it will be stricken from the bill before we vote upon •
[
The PRESID EN T pro tempore. The question is on agreein
to the amendment o f the Senator from Kansas [Air. B risTo,A?
The amendment w as agreed to.
'•
Air. BRISTO W . I offer further to amend, on page 4 t
striking out in line 7 after “ part ” the words “ its allotmentl
and insert “ a n y ” ; and also by striking out the word
tional ” in line S, so that it w ill r e a d :
1 U
l'
That no State shall he entitled to any part of any of these s
unless its legislature has heretofore provided, etc.
~
’ aui®
s
That makes the State appropriate an equal amount with « '
Federal Government o f all the sums.
l le
Air. SM ITH o f Georgia. I w ill not resist that motion h ^
I will state to the Senate the reason why this fixed sum’
given. It was thought that some o f the States, the small* 8
States, ought to have a fixed sum, and that is the theory
which it was put in. So fa r as my own State is concerned
and those I am especially interested in, they are perfectly
ready to meet any sum the Government gives. I have
authority to consent to it, but I shall not oppose that amend
ment.
Air. BRISTOW . The reason why I proposed the amenchno
was that this is, o f course, an aid to the States, and the aid nt
offered for two reasons. As I understand it, first it apnron ^
ates money from the General Treasury for that purpose a
that appropriation is used to encourage the States to ann
priate their own money to carry on the w ork ; so we not 0 1
appropriate the money that they will get the direct benefi
from, but we induce the States to engage with the Governni
in this worthy cause by meeting the appropriation. 1 think ^
it
is nothing but just.
Air. WILLIAAIS. Before the Senator takes his seat, <0 T
j
understand that this is to strike out the provision which gjV
f:
$10,000 to each State unless the State duplicates the $10,000 ■
>
Air. BR ISTO W . Y es; it requires the States to duplicate tb0
$ 10,000.
Air. WILLIAAIS. This bill, I understand, was drawn
upon a principle somewhat like the compromise giving ~ ac'b
C
State two Senators and Representatives according to popuia.
tion. In other words, it w as a compromise between terri
toriality and population and wealth. So it was concluded to
give $10,000 to each State to start with, regardless o f wealth
or poverty or the size of the State, and then for the balance
of the appropriations, for the most part it was given in propertion to w ealth ; that is to say, it was given upon condition tlvn
the State should duplicate the amount which the Federal Goveminent gave.
Whether there be a State in the Union which could not fluplicate the $10,000 or not I do not know. Nor does that inter
fere with the general principle at stake. I f there be such a
State, it ought not to he left out entirely. I f there be not such
a State, then all the States stand equally as regards the $10,000
It does not seem to me that that provision ought to be stricken
out. It might very well happen that a perfectly new State
might be bound up with the expenses o f its new birth and every
thing else and be embarrassed about money.
The Senator from Kansas has said that the object of tv
was to aid the States in doing certain work for the nennv
The primary object, I take it, is to aid the people, and to lea
1913
CONGRESSIONAL RECORD— SENATE.
tlie people without aid because the State could not help them
does not seem to me to be right.
-Mi’. PAGE. Mr. President-----The PRE SID EN T pro tempore. The amendment proposed by
the Senator from Kansas will be stated.
The S ecretary . On page 4, lines 8 and 9, strike out the words
“ o f its allotment,” and, in line 9, strike out the w ord “ addi
tional,” so that i f amended the proviso w ill read:
Provided further, That no State shall he entitled to any part of these
sums unless its legislature has heretofore provided or until it shall
provide, etc.
0000
2^
Mr. W ILLIAM S. Mr. President, if the Senator from Kansas
w ill permit me to break a promise so recently made, I w ill say
that I agree with the Senator, o f course, that the instrumen
tality, the trustee in a certain sense, is the State; but, after all,
the beneficiaries are the children o f the people in the States
operating from the Federal Government through the States.
Mr. PAGE. Mr. President, I do not want to take the time
o f the Senate any further on this question. I wish the Senate,
i f they are so inclined, to strike out all after the enacting clause
and substitute Senate bill No. 3-----Mr. BRISTO W . Mr. President-----Mr. PAGE. I beg p a rdon ; I thought the Senator from
Kansas had yielded the floor.
Mr. BRISTO W . Mr. President, I ask that the question be
put on my amendment.
The PRESID EN T pro tempore. The question is on the
amendment submitted by the Senator from Kansas. [Putting
the question.] The ayes appear to have it.
Mr. W ILLIAM S. Let us have the yeas and nays on that, Mr.
President.
The PRE SID EN T pro tempore. The Senator from Missis
sippi demands the yeas and nays.
The yeas and nays were ordered; and the Secretary proceeded
to call the roll.
Mr. W ETMORE (when Mr. L ip p it t ’ s name was called). M y
colleague [Mr. L ip p it t ] has a general pair w ith the senior
Senator from Tennessee [Mr. L e a ].
Mr. RICHARDSON (when his name w as called). I have a
general pair with the junior Senator from South Carolina [Mr.
S m ith ], and therefore withhold my vote.
Mr. SIMMONS (when his name was called). I transfer my
general pair with the Senator from Minnesota [Mr. Clapp] to
the Senator from Georgia [Mr. B acon] and w ill vote. I vote
“ nay.”
Mr. W ILLIA M S (when his name w as ca lle d ). I wish to
transfer the general pair which I have with the Senator from
Pennsylvania [Mr. Penrose] to the Senator from Indiana [M r.
S hively ] and w ill vote. I vote “ nay.”
The roll call w as concluded.
Mr. OLIVER. I have a general pair with the junior Senator
from Oregon [Mr. C h a m b e r l a i n ] , and I therefore withhold
my vote.
Mr. D ILLINGHAM . I wish to transfer my general pair
with the senior Senator from South Carolina [Mr. T il l m a n ]
to the Senator from New Mexico [Mr. F a l l ] and w ill vote. I
vote “ yea.”
Mr. OWEN. I transfer my pair with the Senator from
Kansas [Mr. C u r t is ] to my colleague [Mr. G ore ] and will vote.
I vote “ nay.”
The PRESID EN T pro tempore (after having voted in the
affirmative). The occupant o f the chair is paired w ith the
junior Senator from New York [Mr. O ’ G o r m a n ]. A s that
Senator has not voted, the vote is withdrawn.
Mr. SUTHERLAND (after having voted in the affirm ative).
I observe that the Senator from Arkansas [Mr. C lari W ] did
not vote. I have a pair w ith that Senator, and I tlnV efore
withdraw my vote.
\
The result was announced— yeas 40, nays IS, as follow s:\
Mr. SM ITH o f Georgia. I should like to suggest to the Sen
ator from Kansas an additional reason that I recall now which
was given for this appropriation to each State. It was that it
guaranteed the immediate beginning o f work everywhere w ith
out reference to appropriations, to give to each one o f the
States a demonstration o f its value, and it would thereby lead
the States to make the appropriations to call for the additional
sums. I rather think that it is a desirable part o f the bill.
Mr. BR ISTO W . It seems to me that when the Federal Gov
ernment proposes to aid the States in their educational develop
ment, this is going a good ways from our old idea. W e are ap
propriating money fo r educational purposes to the various
States, and it appears to me it is certainly good policy to re
quire the various States to make an appropriation to meet that.
The objection has been made to meet that that this w ill fall
more heavily upon the small States than the large States, a
State o f half a million o f population as compared with a State
5,000,000 population. But $10,000 for the educational bene
fit o f a half million people is a great deal larger proportionate
contribution to the educational facilities o f that State than if
tfie State had 5,000,000 people.
-Mr. W ILLIAM S. Mr. President-----The PRESID EN T pro tempore. Does the Senator from Kan
sas yield to the Senator from Mississippi?
Mr. BRISTO W . I do.
Mr. W ILLIAM S. I f the Senator w ill permit me an inter
ruption, I think he is in error there. Territoriality has some
thing to do with it. You may give a State, if it is a large
State, with a sparse population, a certain sum o f money to be
expended for a certain purpose and it will not benefit it near
so much as it would benefit a State o f the same population
Wilh one-tenth o f that area.
That reminds me o f another defect in this bill. It says, for
example, that there shall not be above one agricultural high
school for five counties. O f course that is easy in the thickly
settled Northeast, but without going down to Texas or A ri
zona, stopping at Mississippi on the way, live counties in my
State, o f which my own county would be a center, and W ash
ington and Holmes and Hinds and Warren, the surrounding
counties, would about duplicate the area o f the State o f Con
necticut. So you have a high school there, with the people to
attend it about five times as far, do you not understand? So
fhey must go and board in order to get the same benefit that
would be gotten in Rhode Island from taking the fam ily buggy
and driving in every day.
I am merely using that as an illustration just at present; but
ibe assumption that just because a thing is a territorial area
Y E A S — 40.
and called a State, it could get the same benefit from $10,000
Perkins
Kern
Cummins
which a smaller and more compact area could get with many Bourne
I.a Foilette
Poindexter
1
Dillingham
Bradley
niore children enjoying the privilege, is a mistake.
Lodge
Pomerene
Dixon
Brandegee
Mr. BR ISTO W . It seems to me that, if the Federal GoA- Bristow
McCumber
Root
Gamble
McLean
Sanders
Gronna
ernment is going to appropriate money for the educational Brown
Martine, N. J.
Guggenheim
Smoot
facilities o f the State, it is nothing but fair that the State shojfild Burnham
Myers
Hitchcock
Thomas
Catron
be required to meet that appropriation by an equal amounf o f Clark. Wyo.
Nelson
Johnson, Me.
Townsend
Page
Wetmore
.Tones
Crawford
its own funds.
Kenyon
Percy
Works
Cullom
Mr. W ILLIAM S. Let me ask the Senator one more question,
N AY S— 18.
and then I shall not disturb him fu rther: Is the purpose o| the
Faynter
Johnston, Ala.
Swanson
Bankhead
bill to help the States or to help the people?
Perky
Johnston. Tex.
Thornton
'Mr. BR ISTO W . It is to help both— to help the people aijd to Bryan
Simmons
Martin, Va.
Chilton
W illiam s
Overman
Smith, Ariz.
help the States.
Fletcher
Smith, Ga.
Owen
Mr. W ILLIAM S. I take it that the object and the purpose Heiskell
NOT VOTING— 37.
° f the bill is not to help the political entity that we call a
Curtis
State, but that it is to help the citizens o f the United States in Ashurst
Massey
Smith, S. C.
J
da Pont
Ncwlands
Bacon
Stephenson
1
acquiring a vocational and agricultural education.
Fall
Borah
O’Gorman
Stone
Mr. BRISTOW. The educational system o f the country has Briggs
Foster
Oliver
Sutherland
f
Gallinger
Penrose
been in charge o f the States. We have not launched out until Burton
Tillman
Gardner
Chamberlain
Reed
Warren
this time upon any great national educational system. There
Gore
Clapp
Watson
Richardson
are a great many people who question the wisdom o f it. Now* Clarke, Ark.
Jackson
Shively
Lea
certainly I question the wisdom o f the Government making an Crane
Smith, Md.
Llppitt
Culberson
►jLLi.il i t , i y i i l ' h .
Smith, Mich.
appropriation direct to the States for educational purposes. I - v ^ u i u c i o v u
So Mr. B ristow ’ s amendment was agreed to.
may consent to an appropriation, provided the State w ill proMr. CUMMINS. I offer a series o f amendments which are
D de an equal amount, the purpose being to encourage the estab
purely formal. The Senate has adopted section 3 o f the Senate
lishment o f proper educational facilities in all the States.
2226
CONGRESSIONAL RECORD— SENATE.
bill as now section 10 o f tlie bill before the Senate. In that
section the words used are “ secondary schools ” and not “ rural
schools.” I therefore move to strike out the words “ rural
schools,” where they are fou n d; and I ask unanimous consent
that it may be done without pointing out the line o f each amend
ment where those w ords occur in sections 15, 10, 10, 20, 24, 25,
2 G, 28, and 33, and to substitute in each instance the words
“ secondary schools.”
The PRE SID EN T pro tempore. The amendment proposed by
the Senator from Iowa w ill be stated.
The S ecretary . W herever the words “ rural schools ” appear
in sections 15, 16, 19, 20, 24, 25, 26, 28, and 33, they shall be
stricken out and the words “ secondary schools ” substituted
therefor.
Mr. PAGE. Mr. President, I rather hope that the amend
ment offered by the Senator from Iow a may be adopted, al
though I want to state here and now that there have been, I
will not say a multitude o f amendments, but a great many
amendments made to this bill, so that the bill is almost ridicu
lous in its make-up, if we take it in its present form. For in
stance, we have changed it, I think, by adding after the word
“ States ” the words “ and Territories.” The bill from first to
last has been drawn with particular reference to States, and I
do not believe it w ill articulate with the Territorial laws. It is
true that you have amended the Lever bill, so called, iu two
very important particulars to-da y ; you have, by a very decided
vote, stricken out that feature which gave the States $10,000
each without the States paying another $10,000, and you have
stricken out the feature giving them the franking privilege.
Now, I want to terminate this debate, so far as I am con
cerned, by saying that it is not exceedingly material whether
you do or do not adopt the amendment which I am about to
offer. I am simply going to add that I believe that i f we take
the Page bill in its entirety, we shall have a perfected bill,
while, if w e take the bill which w e have amended so hastily,
avo shall get a bill that is full o f incongruities.
In closing let me simply add that I hope the friends o f
Senate bill 3 w ill feel that, all things considered, it is Aviso
to adopt the amendment Avhich I have suggested, but there
w ill be no b roken h earts if this is not done. I believe it should
be done, because I think Senate bill 3 is the better bill, but
whatever the vote o f the Senate may be I shall be satisfied.
The PRESID EN T pro tempore.
The question is on ihe
amendment proposed by the Senator from Iowa [ Mr. / ’ i m m i n s ]
to the amendment.
/
The amendment to the amendment Avas agreed to.
Mr. M ARTIN E o f New Jersey. Mr. President. I desire to
say that at the last session the Page bill Avas presented to me.
I examined it quite thoroughly, and Avas convinced o f the Avisdom and the propriety o f the measure. After that I received
very many letters— nearly 2 0 0 , as I recall—
-from a great many
educational institutions in New York, New Jersey, and Penn
sylvania urging its passage. I pledged myself to the Senator
from Vermont [Mr. P age ] that I Avould,stand by him. I voted
for the proposition that was suggested by the Senator from
Georgia [Mr. S m i t h ] ; but since it has been deemed best and
Avisest upon the part o f the Senator from Vermont to urge the
passage o f his bill, in this controversy I will square myself with
my agreement though the heavens fall. I am going to stand by
the bill o f the Senator from Vermont.
I Avant to A
rote fo r som e m easure th at w ill tend to d ig n ify
labor. T h e Avhole trend o f the tim es has been in con trad iction
to the m an or the w om an w ho w ork s w ith h is or her hands.
E ve ry effort has been m ade to h old up to the a verage young man
the idea o f being a lawyer,Aa d octor, or a th e o lo g ia n ; the idea
h as been in stilled into h im that a profession should be h is ch ief
am bition in life. I Avant;to do Avhat little I can to d ig n ify labor
and in du ce men to labor. It is all v ery Avell in the cla m or o f the
day to urge the you tii o f the la n d to stay on the fa r m ; but
the disposition o f the cou n try h as been to ign ore the farm boy,
to fro w n on him Avitfii sneers and sundry little innuendoes aggra
vatin g to the sensitive m ind. T h is h as driven m yriads o f boys
fro m the farm . I shall vote w ith the greatest pleasure and the
greatest relish i b r the am endm ent proposed by the Senator from
Verm ont.
Mr. TOWNSEND. Mr. President, I have listened to this dis
cussion and have been considering at different times the bill in
charge o f the Senator from Vermont [Mr. P age ] for a great
many months, and I think I am somewhat fam iliar Avith it.
As I understand, the only objection to passing the substitute
is the parliamentary situation, and possibly some agreement
which seems to have been rather unilateral, the minds o f the
Senator from Georgia [Mr. S m it h ] and the Senator from Ver
mont [Mr. P age ] never having met in a common understanding
• anuary 29
J
in regard to it. Aside from that, no one questions that
so-called Page bill contains all the features o f the Lever tv 0
I haA'e heard nobody dispute that proposition.
“ ill.
Senators say that possibly the measure w ill have a diffG.
standing before the other House if Ave pass the House biji0I1“
it has been amended instead o f the Page bill. I am somewi
fam iliar Avith the procedure in the House, and I can not mil
stand that there are any more difficulties attaching to the 'l '
posed substitute than Avill attend the bill as Ave have a i r ? 10'
amended it. It has been amended and Avill go to c o n fe r e n c ^
or
to a committee o f the other House. It will have to go to a com
go to a ?
mittee according to the argument of. the Senator from M
issis
sippi [Mr. W illiams ], because it materially changes the Mis?rs:
Hous^
b A f This does not necessarily fojjOw and probablj it will
So far as I am concerned, if I were to consider the p;u? 0(mentary situation and AA-ere to be governed entirely by the eff '
either upon the other House o f upon this, the question w orm /?1
'
decided in my mind by the. fact that the Senator from Venm ?
has had charge o f this bill 'and has pressed it in season and o ff
for many months, yielding too frequently, as it seems to me t
the requests o f Senators, in order that they might place son?°
thing in its stead. Further, if I understand aright, up until tlf
day before yesterday this bill has been as much discussed as R-?
the Lever bill autf is better understood in the Senate. g 0 ‘p
occurs to me that we can accomplish all that all Senators want
so far as legislation is concerned, if the House bill be amendoi
by substituting after the enacting clause the Page bill, Avkic]
I repeat, contains everyth ing that is iu the L ever b ill and i ’
draw n A ^itii greater care. Its au th or has deliberated upon u
A
fo r m o u th s ; it has profited by the Avork o f exp erts and is clea •
and h arm on ious iu its term s. On the oth er hand, I venture t
stataraiat fe w Senators understand ju s t Avliat has been done b°
thq^senate to the H ouse bill. W e knoAV it has been changed da?
a fter day, here a little and there a little, but I feel sure th?ia o one knoAvs ex a ctly Avhat the b ill is or Avhether it has bee?
prop erly con stru cted.
1
1
Mr. SM ITH o f Georgia. I f the Senator w ill permit me, wbv
does he think so? It never was submitted to a committee- n
has never been before the Agricultural Committee at all;
it has never been scrutinized line by line or section by section
by the Senate.
Mr. TOWNSEND. Which bill has not?
Mr. SM ITH o f Georgia. The Page bill.
Mr. TOWNSEND. The Page bill has been presented to the
Senate from the Committee on Agriculture and was discussed
by the Senator from Vermont for several days, as I remember
It has been generally understood and discussed throughout tbo*
country. I have knoAvn few bills that have seemed to excite
more interest and more attention than has the Page bill,
people understand it ; and I confess, Mr. President, so far as t
am concerned, I understand it much better than I do the Lever
bill as it has been amended up to this moment. I quite agre
Avith the Senator from Vermont that if Ave pass the Lever'bm
to-day possibly Ave may pass something that we do not under
stand. FeAV Senators knoiv just what we have done and tb»
parts o f the bill may be inharmonious. I desire to ask the
Senator from Vermont a question which has been suggested tr
me by the Senator from Washington [Mr. J ones ]. Was his
bill before the Committee on Agriculture and Forestry of thl
Senate?
e
M r. P A G E .' Of course, avo haA’e discussed this m atter a lou<*
tim e in the Senate, and I supposed that eA’ery fea tu re had been
b efore the com m ittee. I t m ay be, how ever, that there have
been some am endm ents m ad e in the Senate Avhich A’cre n v r
A
ee
con sidered b y the co m m itte e ; but the b ill has been b efore the
com m ittee and has been con sidered in all its essential features
Mr. TOWNSEND. I understand, then, that Senate bill No
has been considered by the committee?
Mr. CRAW FORD. Y es; and it has been reported.
Mr. TOWNSEND. I do not like to yield until I get an answer from the Senator from Vermont.
1
Mr. PAGE. It has been reported.
Mr. TOWNSEND. Then, it Avent to the Committee on Agri
culture and Forestry, did it not?
Mr. PAGE. Certainly.
Mr. TOWNSEND. And was reported by that committee?
Mr. CRAW FORD. W ill the Senator allow me a Avoid tlvMr. TOWNSEND. I should like tc haA’e that q u e;;
SAvered.
Mr. CRAWFORD. I am a member o f the (
culture and Forestry, and was a member
which considered the Page bill. We had In
stance o f this bill, not in the technical form
noAA', but the entire scope of this bill, the ag
.m
, v,, ;
;,,
-ah ji
a
, features
1913
CONGRESSIONAL RECORD— SENATE
nn(l the vocational educational features o f it, were considered.
Representatives from the leading colleges o f the United States,
both agricultural colleges and universities, came to Washington
on tw o different occasions, and I remember that we had hear
ings which extended over several days and that a report was
submitted by the Senator from Vermont to the fu ll Committee
on Agriculture and Forestry— a most exhaustive report upon
the different features o f this bill, the committee having given
him authority to collect the information. This proposed legis
lation is the result o f all that. I doubt if during the last two
years there has come before the Senate a bill that was the sub
ject o f more extensive prelim inary investigation and work and
the subject o f a larger correspondence -with educational leaders
o f this country than the Page bill which is now before the
Senate.
Mr. TOWNSEND. Now, let me ask the Senator from Ver
mont directly, Is it not time that Senate bill No. 3 was con
sidered by the Committee on Agriculture and Forestry and
through the Senator from Vermont reported to the Senate?
Mr. PAGE. It was.
Mr. BURNHAM. Mr. President-----The PRE SID EN T pro tempore. Does the Senator from Ver
mont yield to the Senator from New Hampshire?
Mr. PAGE. In ju st a moment.
Mr. BURNHAM. I merely want to corroborate the statement
o f the Senator from South Dakota [Mr. Crawford]. That is all
I care to say.
Mr. PAGE. The hill was reported to the Senate, but subse
quently w as redrafted in some minor particulars. I asked’
unanimous consent o f the Senate that the redrafted bill might
l>o substituted in place o f the bill originally reported from the
Committee on Agriculture and Forestry, and that unanimous
consent was given.
Mr. SM ITH o f Georgia. Mr. President, if the Senator w ill
allow me, I have both the bills here. The one which w as passed
by the Committee on Agriculture and Forestry is 1G pages
toug, while the bill subsequently presented and now being con
sidered is 28 pages lon g; so that the second bill can not be
exactly the same measure.
.Mr. TOWNSEND. Mr. President, I hold in my hand Senate
mil No. 3, Calendar No. 348, upon which I find the follow ing
Dotation:
charge o f the matter. He referred to it as his bill, and it was
bis bill, and when be asked to present a substitute we all con
sented. The Senator from Michigan consented ju st as I d id ;
but the bill did not go back to the Committee on Agriculture.
It w as the Committee o f the Whole Senate that consented to
the substitution.
Mr. TOWNSEND. I am not complaining about it.
Mr. SM ITH o f Georgia. My only point was that the bill o f
28 pages has never been considered in detail by the Senate and
has never been considered in detail by the committee.
Mr. McCUMBER. Right there let me ask the Senator from
Georgia a question, with the consent o f the Senator from
Michigan.
Mr.&
TOWNSEND. I yield the floor.
i
Mr. McCUMBER. My question is as to whether or not the
extra pages are not made up o f the Lever bill, which is now
attached to the Page bill?
Mr. SM ITH o f Georgia. Not at a l l ; no. The portion o f the
bill which is similar to the Lever bill is exactly the same in the
first bill o f 1G pages and in the second bill o f 2S pages. There
are a number o f quite substantial changes in the tw o bills. The
new bill, which was presented with the 28 pages in it, has quite
a number o f features different from tbe old bill o f 1G pages
which the Committee on Agriculture and Forestry approved.
Mr. McCUMBER. Mr. President, I think two things are un
disputed at the present time, namely, that the pending bill, the
Lever bill as it has been amended, contains the provisions o f
the Lever hill and also practically all that was contained in
the Page bill. On the other hand, the Page amendment con
tains practically everything that was in the Page hill, and also
all o f the principal provisions o f the Lever bill. Whichever w ay
we vote, we are practically passing the same hill, whether we
adopt the Page amendment to the Lever bill, or amend the Lever
bill by inserting the Page bill as a substitute.
My vote is going to be governed by this consideration: The
Senator from Vermont has had this bill before the Senate for at
least two years. He has devoted a great deal o f study to it.
Instead of having a proposition now which comes in the shape
o f divers amendments attached in different ways, he has the
same proposition drawn up logically, properly, and in its order;
and it is known as the Page bill. So that practically it is a
question whether we w ill adopt the hill that has the name of
In the Senate of the United States.
a Member o f the House attached to it, or the name o f the Sen
April G, 1911. Mr. P a g e introduced the following b ill; which was ator from Vermont. That is practically all there is to it now.
read twice and referred to the Committee on Agriculture and Forestry.
Considering the length o f time we have had the Page bill
February 2G. 1912. Reported by Mr. P a g e , with amendments.
before us, I stand ready to give my colleague the compliment o f
June 14. 1912. B y unanimous consent the text of original bill and
reported amendments withdrawn, and substitute reported, placed on voting that his bill shall be passed by the Senate.
calendar, and printed in roman.
The PRE SID EN T pro tempore. The Chair w ill state the
July 24. 1912. Ordered reprinted as agreed to in Committee of the
parliamentary situation as the Chair understands it.
W h ole; all in roman.
Sundry amendments have been agreed to as in Committee
That is the record o f the bill as it appears here on the desks o f the Whole. The question is, the hill having been reported
o f Senators.
to the Senate, whether or not the Senate shall concur in those
Mr. SWANSON. Mr. President, w ill the Senator permit me amendments. The Senator from Vermont proposes before that
to propound an inquiry to the Senator from Georgia? I did action is taken to strike out and insert. The Chair thinks that
hot understand his reply to tlie inquiry o f the Senator from can not be done, but that the question should first be put upon
Michigan.
concurring in the amendments made as in Committee o f the
Mr. TOWNSEND. I yield to the Senator.
Whole, for the reason that any Senator can ask for a separate
Mr. SWANSON. Do I understand, then, that the bill now vote upon any amendment agreed to. So that, whether or not
offered as an amendment, consisting o f 2 S pages, has never been the amendments agreed to as in Committee o f the W hole are
considered by the Committee on Agriculture and Forestry?
concurred in in the Senate, the Senator from Vermont can then
Mr. SM ITH o f Georgia. Unquestionably it has never been offer his substitute.
before the Agricultural Committee at all.
Air. LODGE. Air. President, can the Senator from Vermont
Mr. SWANSON. Not before a committee o f the Senate for offer a substitute after the amendments made as in Committee
o f the W hole have been concurred in in the Senate? I venture
consideration at all?
Mr. SM ITH o f Georgia. The first Senate bill, No. 3, 10 to suggest that the point at which he must offer his substitute
l';'ges long, was passed on and reported by the Agricultural is before we pass in the Senate on the amendments made as in
Committee. A fter that was submitted to the Senate the Sen Committee o f the Whole. That is, he must offer it as a sub
ator from Vermont redrafted his bill, and the bill now pre- stitute for the original bill.
Air. BRANDEGEE. W hy can not the Senator from Vermont
sonted, 28 pages long, bas never been before the Committee on
offer his substitute for the original bill after the original bill
Agriculture.
has been perfected by the amendments which the Senate has
Mr. TOWNSEND. Is the Senator------■
adopted?
Mr. SWANSON. And my inquiry-----The PRESID EN T pro tempore. The Chair is o f the opinion
i Mr. TOWNSEND. Just a moment. Is the Senator from
that that can be done.
Oeorgia on the Committee on Agriculture?
Air. LODGE. It can be done in that way.
Mr. SM ITH o f Georgia. I am.
The PRESID EN T pro tempore. Tlie question is on concur
Mr. TOWNSEND. Then I take it the Senator from Georgia
Save his consent that the original bill and reported amend- ring in the amendments agreed to as in Committee of the
hients should be withdrawn and the substitute, as presented by Whole.
Air. LODGE. It occurred to me that under our usual prac
'b e Senator from Vermont, should stand in place o f the bill as
tice, after amendments made as in Committee o f tlie Whole
Deported by him.
Mr. SM ITH o f Georgia. My statement was that the Com- had been concurred in in the Senate, it would ho impossible
hiittee on Agriculture and Forestry had not examined and then for the Senate to vote out those amendments, because they
Passed upon that Dill. My consent was no more than the con would have been adopted both as in Committee o f the Whole
sent o f each other Senator. The Senator from Vermont had and in the Senate.
CONGRESSIONAL RECORD— HOUSE
J anuary 29
The result was announced— yeas 31, nays 30, as follow s'
The PRESID EN T pro tempore. The Chair thinks a motion
Y E A S — 31.
to strike out the entire bill and insert would be in order.
Lodge
Dillingham
The question now is on concurring in the amendments made I trad icy
Poindexter
Gamble
Bnaidegee
MeCumber
Sanders
fs in Committee o f the Whole.
McLean
Gardner
Smoot
Brown
The amendments were concurred in.
Gronna
Martino, N. J.
Catron
Stephenson
Guggenheim
Nelson
Townsend
Mr. PAGE. Mr. President. I now move to strike out all Cliff ton
Oliver
Johnson, Me.
Wet more
after the enacting clause and insert the amendment which was Clirk, Wyo.
Page
•Tones
Works
Crawford
offered by me on the 17th o f January, which is identical with Cflloni
Kenyon
Perkins
Senate bill No. 8 , reported, to the Senate June 14, 1012. It is
N A Y S — 30.
Cummins
Martin, Va.
Jphurst
k
what is known as the Page bill.
Smith. Ariz
Myers
Fletcher
Smith, Ga. ’
Mr. SM ITH o f Georgia. I ask that the amendment be read. Bankhead
Newlands
Bourne '
Heiskell
Swanson
The PRESID EN T pro tempore. The amendment proposed /B ristow
Hitchcock
Pay liter
Thomas
b y t h e Senator from Vermont will be read.
‘ Bryan
Johnston, Ala
Percy
Thornton
Johnston, Tex
Perky
Williams
The Secretary proceeded to read the amendment, and read Burnham
Burton
Pomerene
Kern
to the end o f section 5, on page 5.
Simmons
Culberson
La Follctte
Mr. SIMMONS. Mr. President, if it is in order, I move to
NOT VOTING— 34.
dispense with the further reading o f the amendment.
O’Gorman
Bacon
Smiih, Mioh
du Pont
The PRESIDEN T pro tempore. The Senator can ask unan Borah
Smith, S. C. ‘
Overman
Fall
Briggs
Stone
Foster
Owen
imous consent that the further reading be dispensed with.
Chamberlain
Penrose
Gallinger
Sutherland
Mr. SIMMONS. I ask unanimous consent.
Clapp
Tillman
Gore
Reed
The PRESID EN T pro tempore. The Senator from North Clarke, Ark.
Richardson
Warren
Jackson
Watson
Root
Carolina asks unanimous consent that the further reading of Crane
Lea
Shively
Curtis
Lippitt
the amendment be dispensed with. Is there objection? The Dixon
Smith, Md.
Massey
Chair hears none.
So Mr. P a g e ’ s amendment was agreed to.
The question is on the amendment o f the Senator from Ver
The amendment was ordered to be engrossed and the bill to
mont to strike out all after the enacting clause and insert.
be read a third time.
[Putting the question.] The Chair is in doubt.
The bill was read the third time and passed.
Mr. PO IND EXTER. I ask for the yeas and nays.
Mr. LODGE. I move that the Senate adjourn.
The yeas and nays were ordered.
The motion was agreed to, and (a t 4 o’clock and 50 minutes
Mr. FLETCHER. W hat is the question?
“
Mr. LODGE. The question is on substituting the Page bill. p. 111.) the Senate adjourned until to-morrow, Thursday, ,jan,_
Mr. FLETCHER. The vote is being taken on the question ary 30, 1913, at 12 o’clock meridian.
o f substituting the Page bill?
Mr. LODGE. Yes.
H O U S E O F R E P R E S E N T A T IV E S .
The Secretary proceeded to call the roll.
Mr. D ILLINGHAM (when his name was called). I trans
W e d n e s d a y , January 39, 1913 .
fer my general pair with the senior Senator from South Caro
The House met at 12 o’clock noon.
lina [Mr. T i l l m a n ] to the Senator from New M exico [Mr.
The Chaplain, Rev. Henry N. Couden, D. D., offered the f0p
F a l l ] and vote.
I vote “ yea.”
Mr. GARDNER (when his name was called). Notwithstand lowing prayer:
O Lord God, our heavenly Father, in whom we live and m0 ye
ing my pair with the junior Senator from Massachusetts [Mr.
C r a n e ] on the pending measure, I am at liberty to vote. I vote and have our being, we realize that we are involved in a moral
order which Thou hast ordained; that we can do nothing with
“ yea.”
Mr. O LIVER (when his name was called). I have a general out Thee; yet we may set ourselves against that order aim
pair with the junior Senator from Oregon [Mr. C h a m b e r l a i n ] . bring harm to ourselves and oth ers; hence we pray for wisdom
I transfer that pair to the junior Senator from Maryland [Mr. to guide us, strength to sustain us in a willingness to work with
Thee, that we may hasten the coming o f Thy kingdom upon
J a c k s o n ] and w ill vote. I vote “ yea.”
Mr. PERKIN S (when his name was called). I have a gen the earth. And Glory and honor and praise be Thine forever
eral pair with the junior Senator from North Carolina [Mr. Amen.
The Journal o f the proceedings o f yesterday was read aim
O v e r m a n ] . I therefore withhold my vote.
Mr. RICHARDSON (when his name was called). I have a approved.
ELECTION TO COMMITTEES.
general pair with the junior Senator from South Carolina [Mr.
S m i t h ] , and I withhold my vote.
Mr. UNDERWOOD.
Mr. Speaker, as this is Calendar
Mr. SIMMONS (when his name was called). I transfer my Wednesday, I desire to ask unanimous consent that I
pair with the junior Senator from Minnesota [Mr. C l a p p ] to move to elect three or four gentlemen to till vacancies on com
the senior Senator from Georgia [Mr. B a c o n ] and vote. I vote mittees.
The SPEAKER. The gentleman from Alabama asks unani
“ nay.”
Mr. SUTHERLAND (when his name was called). I have a mous consent to nominate certain gentlemen to fill vacancies on
pair with the senior Senator from Arkansas [Mr. C l a r k e ] . In committees.
Mr. MANN. I assume that this w ill take no time?
liis absence I withhold my vote.
Mr. UNDERWOOD. None at all. There is no contest about it
Mr. W ILLIA M S (when his name was called). I wish to
The SPEAKER. Is there objection. [A fter a pause.] ^he
transfer my pair with the senior Senator from Pennsylvania
[Mr. P e n r o s e ] to the senior Senator from Maryland [Mr. Chair hears none.
S m i t h ] and vote.
I vote “ nay.”
Mr. UNDERWOOD. Mr. Speaker, for the Committee on
The roll call w as concluded.
W ays and Means, I wish to make the follow ing nominations to
Mr. CULBERSON (after having voted in the negative). I fill existing committee vacancies:
w ill ask if the Senator from Delaware [Mr. nu P o n t ] has
Hon. J o h n H. R o t h e r m e l to tlie vacancy on the Appropriation!!
Committee occasioned by the death of Hon. J. G. McHenry.
s
voted?
Hon. G eorge W h i t e to the vacancy on the Appropriations Com
The PRESID EN T pro tempore. The Chair is informed that mittee occasioned by the resignation of Hon. James Cox.
that Senator has not voted.
Hon. S cott F e r r is to the chairmanship of the Public Lands Com
Mr. CULBERSON. I transfer my general pair with that mittee occasioned by the resignation of Hon. Joseph T. Robinson
Hon. C. B. S m i t h to the vacancy on the Foreign Affairs Commitim
Senator to the senior Senator from Indiana [Mr. S h i v e l y ] and occasioned by the resignation of Hon. W illiam Sulzer.
L
w ill allow my vote to stand.
The SPEAKER. Are there any other nominations? If no(.
The PRESIDEN T pro tempore. The present occupant o f the
the question is on the election o f those nominated by the gentle
chair is paired with the junior Senator from New York [Mr. man from Alabama [Mr. U n d e r w o o d ] .
O ’ G o r m a n ] , and for that reason withholds his vote.
The question was taken, and the above-named Members wore
Mr. PERKIN S. I transfer my pair with the junior Senator
elected.
from North Carolina [Mr. O v e r m a n ] to the senior Senator from
DISTRICT OF COLUMBIA APPROPRIATION BILL.
Idaho [Mr. B o r a h ] and vote. I vote “ yea.”
Mr. SMOOT. I was requested to announce that the senior
Air. BURLESON, from the Committee on Appropriations, re
Senator from Louisiana [Mr. F o s t e r ] is paired with the junior ported the bill (II. R. 28499) making appropriations to pro
Senator from Wyoming [Mr. W a r r e n ] ; that the senior Senator vide for the expenses o f the District o f Columbia for the fiscal
from Michigan [Mr. S m i t h ] is paired with the junior Senator year ending June 30, 1914, and for other purposes, which was
from Missouri [Mr. R e e d ] ; and that the senior Senator from read the first and second times, and with the accompanying
West Virginia [Mr. W a t s o n ] is paired with the senior Senator report (No. 1413), ordered printed and referred to the Commit
from New Jersey [Mr. B r ig g s ] .
tee o f the Whole House on the state o f the Union.
1913 .
CONGRESSIONAL RECORD— SENATE.
The S ecretary . On page 2, line 9, after the word “ thereof,’’
it is proposed to insert—
.
After the 4tli day of March, 1917.
Mr. ROOT. The design o f that amendment is to make this
resolution applicable only to those who are elected or hold
office after the 4th o f March, 1917.
Mr. CLARK E o f Arkansas. That is substantially what I
intended to do ; but the language I employed would fit in better,
in the event the committee amendment should be adopted in
lieu o f the original proposition. But either will answer the
purpose.
Mr. ROOT. Mr. President, I think changing the Constitution
in a matter affecting the framework o f our Government is too
serious to be complicated by any personal considerations. I do
not think we ought to have any question about Mr. W ilson or
Mr. Roosevelt or Mr. T aft or anybody else when we are consid
ering what shall be the' framework o f the Government o f this
country for generations to come, and we should carefully ex
clude any possibility o f such considerations.
Mr. W ORKS. Mr. President-----The PRESID EN T pro tempore. Does the Senator from New
York yield to the Senator from California?
Mr. ROOT. Y e s ; I will he glad to yield.
Mr. W ORKS. I f the Senator is about to conclude, I will
2265
Mr. BRISTO W . 1 desire to state that at the proper time I
shall offer the amendment which 1 send to the desk, and I ask
to have it read and printed.
Tlie PRESID EN T pro tempore. The amendment w ill be read,
and w ill be printed.
The S ecretary . It is proposed to insert the following as a
separate paragraph after line 1 0 , on page 2 :
The Congress shall have power to provide for the recall of the Presi
dent by a popular vote at any biennial election.
The PRE SID EN T pro tempore. The question is upon the
amendment submitted by the Senator from Georgia [Mr. B ac o n ]
to the amendment o f the committee.
Mr. CUMMINS. Upon that I ask for the veas and nays.
The yeas and nays were ordered.
Mr. W ILLIAM S. Mr. President, before the yeas and nays
are taken I want to make a statement in explanation o f the
vote which I shall cast upon the amendment. I understand that
it proposes to strike out “ six y e a r s ” and substitute “ four
years.”
I shall vote for the amendment, with a view o f perfecting the
resolution and making it better, though I shall afterwards offer
a substitute for it as amended. My reason is that I think six
years is too long to have a bad President in the W hite House,
if we ever should have one. I think four years fits in better
with all the balance o f our system. It fits' in better with the
w a it.
Mr. ROOT. I was about to conclude. I have said substan terms o f Members o f the House. It fits in better with every
thing. I am o f the opinion that Mr. Jefferson once uttered
tially what I wish to say.
The proposed change from the customary two terms, provided that the present practice, which is practically a term o f eight
the same party continues in power, to a single term o f six years with the opportunity o f recall in the middle o f the term,
years commended itself to me. I should not be willing to limit is better than either o f the others. But I think the argument
it to one term o f four years, fo r I think a President uses the made by the Senator from Massachusetts is sound, and it w ould
first part o f that time in getting fam iliar with his office, so that apply not only to a six-year but to a seven-year term. You are
he reaches the point o f highest efficiency, and in the last part emphasizing rather than diminishing the defect o f our system
o f it his efficiency is greatly decreased by the fact that he is as it is, and that defect consists in the fact that now and then
you have a legislature and an Executive out o f sympathy with
going out o f office and his power is vanishing.
I look upon this subject from a little different point o f view one another; and to perpetuate the period during which they
than that which I heard stated h ere; and that is from the point may be out o f sympathy with one another is to perpetuate lame
and impotent and unsatisfactory government.
o f governmental efficiency.
Mr. OWEN. Mr. President, I ask that the amendment be
I think the possibility o f renomination and reelection o f A
President who is in office seriously interferes with the w orking read.
The PRE SID EN T pro tempore. The amendment w ill be
o f our governmental machinery during the last two years ^f
liis term ; and ju st about the time he gets to the point o f h ig h e r again read.
The S ecretary . On page 2 in the proposed amendment o f
efficiency people in the Senate and in the House begin to figure1
to try to beat him. You can not separate the attempt to beat ’ the committee, on line 6 , before the word “ years,” it is pro
an individual from the attempt to make ineffective the opera posed to strike out “ six ” and insert “ four,” so that if amended
t i o n o f the Government which that individual is carrying on in the clause w ill read :
The term of the office of President shall he four years.
accordance with his duty. Legislation in this Congress has
been largely dominated for two years past by considerations
Mr. W ILLIAM S. Mr. President, I suggest the absence o f
o f that sort; and I should like to see those considerations exiled a quorum. This is a rather important matter, and we should
from these Halls.
have a quorum in the Chamber when it is passed upon.
The work o f the executive departments is affected by a situa
The PRESID EN T pro tempore. The Senator from M issis
tion of this kind. The heads o f bureaus, and the heads of sippi suggests the absence o f a quorum. The Secretary will
divisions, and the clerks, and the subordinate officers begin call the roll.
toward the end o f a term to turn their attention to the ques
The Secretary called the roll, and the follow ing Senators
tion o f election or reelection, and their efficiency is greatly de answered to their names:
creased.
Aslmrst
Dixon
McCumber
Sanders
I think we would have a more effective Government if we Bankhead
du Pont
McLean
Shively
Gallinger
Martino, N. J.
Simmons
exiled from the considerations operating upon both legislation Bourne
Bradley
Gamble
Myers
Smith, Ariz.
and administration any idea o f reelection o f the President./ It Brandegee
Gardner
O'Gorman
Smith, Ga.
is for that reason that I have felt very favorably incline* to Bristow
Gronna
Smith, Md.
Oliver
Overman
Smoot
Guggenheim
Bryan
w ard this amendment.
Owen
Burnham
Stephenson
Hitchcock
Mr. W ORKS. Mr. President, I have already discussed! this Burton
Page
Jackson
Sutherland
Paynter
Question at considerable length, and l a m not disposed toftake Catron
Swanson
Johnson, Me.
Percy
Thomas
Chamberlain
Johnston, Ala.
up the time o f the Senate in further discussion. But jl do
Perkins
Thornton
Clapp
Jones
want to say, in view o f some remarks that have been maae on Clark, Wyo.
Perky
Townsend
Kenyon
Pomerene
Kern
Wet more
the floor this morning, that at the time I introduced this reso Cullom
Kichardson
W illiam s
Cummins
Lippitt
lution I disavowed any intention o f favoring any man o r W
Root
Works
Lodge
Dillingham
candidate for office. Therefore I thoroughly appreciate ffife
Mr. THORNTON. I desire to announce the necessary absence
views on that subject o f the Senator from Arkansas and the
Senator from New York. I should like to have every personal o f my colleague [Mr. F oster ] on account o f illness in his
interest eliminated from this controversy. It is a great funda family. I ask that this announcement may stand for the day.
Mr. TOWNSEND. The senior Senator from Michigan [Mr.
mental question that we are dealing with here. It ought not
to be complicated in any w ay by the interest any individual S m i t h ] is necessarily absent from the city. I desire this an
may have in the result o f the votes that may he taken upon it. nouncement to stand for the day.
Mr. SWANSON. I desire to announce that my colleague
Therefore I am very much in sympathy with the proposition
to have this resolution take effect at the expiration o f the next [Mr. Martin of Virginia] is detained from the Senate on ac
term o f the President o f the United States, so that all questions count of illness.
Mr. KERN. I wish to announce the unavoidable absence o f
o f its affecting candidates or persons who have already been
the junior Senator from South Carolina [Mr. S m it h ] on ac
elected may be eliminated from the controversy.
Mr. BRISTO W . Mr. President, may I inquire what the pend count o f illness.
Mr. TOWNSEND. In addition to my statement in reference
ing amendment is?
The PRE SID EN T pro tempore. The pending amendment is to the absence o f the senior Senator from Michigan [Mr.
the amendment submitted by the senior Senator from Georgia S m i t h ], I desire to state that he is paired with the junior Sena
tor from Missouri [Mr. R eed ].
[Mr. B acon] to strike out “ s i x ” and insert “ four.”
CONGRESSIONAL RECORD— SENATE.
January 30.
The PRESID EN T pro tempore. On the call o f the roll Q4
So Mr. B a c o n ’ s amendment to the amendment o f the com
Senators have answered to their names. A quorum o f th<k mittee was rejected.
■Senate is present.
1
Mr. BRISTOW . I should like to have the amendment I j ust
offered now read.
The PRESIDEN T pro tempore. The Senator from Kansas
iubmits an amendment, which w ill be read.
The S e c r e t a r y . After line 10, on page 2, in sert:
/
The Congress shall have power to provide for the recall of the Presi
The question is upon the motion submitted by the senior by a popular vote at any biennial election.
jent
Senator from Georgia [Mr. B a c o n ] , upon which the yeas and
The PRESID EN T pro tempore. The question is on the
nays have been ordered.
mendment o f the Senator from Kansas to the amendment of
Mr. ASHURST. I ask that the amendment be read.
lie committee.
The PRE SID EN T pro tempore. The amendment will be again
Mr. BRISTO W . Mr. President, I am very much opposed to
read.
this amendment to the Constitution, because I believe that the
The S e c r e t a r y . On page 2, in the proposed amendment o f
four years is a long enough term for the President before the
the committee, line G, before the word “ years,” it is pro- people shall have an opportunity to pass judgment on his admin
\ posed to strike out “ six ” and insert “ four ” ; so that, if
istration. I think the Senator from Massachusetts [Mr. L odgei
\ amended, that portion o f the amendment w ill read:
this morning presented very clearly one o f the weaknesses of
V
The term of tlie office of President shall be four years.
our system o f government. It not infrequently occurs that the
^
The PRE SID EN T pro tempore. The Secretary w ill call the President is out of harmony with the Congress politically, and
roll on agreeing to the amendment o f the Senator from Georgia the result is that important legislation is held up until the
[Mr. B a c o n ] to the amendment o f the committee.
country has had an opportunity to pass upon tho issues in.
The Secretary proceeded to call the roll.
volved in the controversy.
Mr. CLARK o f Wyoming (when his name was called). I
When a President has had two years and his administration
have a general pair with the senior Senator from Missouri is not satisfactory to the American people, they usually elect a
[Mr. S t o n e ] . I transfer that pair to the junior Senator from Congress o f political views different from those o f the Presi
Nevada [Mr. M a s s e y ] . I desire this announcement to stand dent. The purpose o f the people is to express dissent from the
for the day. I vote “ nay.”
administration in power. In my opinion that should mean a
Mr. D ILLINGHAM (when his name was called). I transfer reversal in the policy o f the Government, but under our system
my general pair with the senior Senator from South Carolina it can not result in a reversal in the policy o f governm ent; it
[Mr. T i l l m a n ] to the Senator from New Mexico [Mr. E a l l ] , only means a suspension o f the functions o f government to a
and I vote “ nay.”
certain extent; that is, the laws or the policies which the
Mr. DU PONT (when his name was called). I have a gen
President stands for and which the people have disapproved can
eral pair with the senior Senator from Texas [Mr. C u l b e r s o n ] .
As he is not present in the Chamber, I w ill withhold my vote. not be changed, because he has the power to stop the legislation.
W e have had an experience now o f two years in which the Con
I f I were at liberty to vote, I should vote “ nay.”
gress differs with the President upon the questions o f tariff.
Mr. GARDNER (when his name was called). I have a gen
The country has passed upon the tariff policy o f the present
eral pair with the Senator from Massachusetts [Mr. C r a n e ] ,
administration adversely to the President, but tho President
and I withhold my vote.
being in power for four years, has for two years prevented
Mr. L IP P IT T (when his name was called). I have a gen
the w ill o f the people, as expressed in the congressional elec
eral pair with the senior Senator from Tennessee [Mr. L ea ].
tions, from being enacted into law. This has happened time and
In his absence, I w ill withhold my vote. I f I were at liberty
again in the history o f our country.
to vote, I should vote “ yea.”
So I think it would be dangerous and highly unsatisfactory
Mr. OWEN (when his name was called). I transfer my pair
with the Senator from Kansas [Mr. C u r t i s ] to the Senator from if the President should have the power to suspend action for
four years instead o f two, which would be the case in the event
Georgia [Mr. B a c o n ] and vote. I vote “ yea.”
that a constitutional amendment o f this kind should be adopted.
Mr. RICHARDSON (when his name was called). I have a
I f there is anything in the theory o f our Government that it
general pair with the junior Senator from South Carolina [Mr.
is a government which rests upon the will o f the governed, then
S m i t h ] . In his absence, I withhold my vote. I f he were pres
there ought to be means by which the w ill o f the governed can
ent, I should vote “ nay.”
become manifest and effective.
Mr. SUTHERLAND (when his name was called). Has the
Instead o f making the Government more flexible and more re
Senator from Arkansas [Mr. C l a r k e ] voted?
The PRESID EN T pro tempore. That Senator has not voted. sponsive to public w ill this constitutional amendment proposes
Mr. SUTHERLAND. I have a pair with that Senator. Not to make it less flexible and more irresponsive to the public will.
knowing how he would vote, I withhold my vote. I f I were The argument that is made here on the floor in behalf o f the
amendment is that it relieves the President from any responsi
permitted to vote. I should vote “ nay.”
Mr. W ILLIA M S (when his name was called). I have a pair bility to the people for his administrative acts. It is proposed
with the Senator from Pennsylvania [Mr. P e n r o s e ] . Not being to intrench him in office beyond their reach, regardless of the
satisfied in my mind as to how he would vote on this particular character o f his administration.
The Senator from Massachusetts never expressed a more
amendment, I withhold my vote. I f he were present, I should
potent truth than when he said that if the people want to
vote “ yea.”
reelect a man perpetually and establish a dictatorship paper
The roll call was concluded.
constitutions w ill not prevent them from doing it. This is a
Mr. CHILTON. I wish to announce the pair o f my col
step
league [Mr. W a t s o n ] with the Senator from New Jersey [Mr. in the direction o f preventing public opinion from exercis
ing its w ill in an orderly way in the government o f the United
B r ig g s ] .
States.
Mr.
announce
Clapp I wish to McOumber that the senior Sena
Ashurst THORNTON.
Smith, Ariz,
One o f the amazing things in connection with this controversy
Dixon
tor from
Bankhead W yoming [Mr. W a r r e n ] is paired with the senior
McLean
'v
Smith, Ga.
is. that it seems to have the support o f the Democratic Party.
Gronna
Borah
Martine,
Smoot
Senator from Louisiana [Mr. F o s t e r ] . N. J.
v
Johnston, Tex.
Bourne
O’Gorman
Stephenson
I have always understood that the Democratic Party believed
The
Kenyon
Owen
Bristow result was announced— yeas 25, nays 42, as fo llo w s:
ip popular government; that it claimed to believe in the wis
Catron
La Follette Y E A SPerky * .
— 25.
" f
dom of the people. Yet we have here the contradictory propo
Lodge
Shively
Chamberlain
•
v ' i
sition o f the Democratic Party as a party supporting a proposi
N AYS— 42.
tion to take from the people tho power to reelect a man if
Fletcher
Myers
Bradley
Sanders
Nelson
Gallinger
Simmons
Brandegee
■they think he has made a good public servant. It refuses to
Gamble
Newlands
Smith, Md.
Brown
permit them to pass judgment upon the character o f his admin
Guggenheim
Oliver
Swanson
Bryan
istration. This proposition is based upon the theory that the
Overman
Heiskell
Thomas
Burnham
Hitchcock
Page
Thornton
Burton
President should be independent o f the people.
Paynter
Jackson
Townsend
Chilton
This amendment is contrary to the trend o f modern thought
Percy
Johnson, Me.
Clark, Wyo.
Wetmore
to the political movement o f modern times, because the evolu
Perkins
Cullom
Works
Johnston, Ala.
Cummins
Pomerene
.Tones
tion o f our Government has been to give the people more power
Dillingham
Root
Kern
and not take from them powers which they now have.
NOT VOTING— 28.
It is said that the President during the last years o f his ad
Bacon
Martin, Va.
Smith, S. C.
du Pont
ministration may become a poor President, because he seeks to
Briggs
Fall
Massey
Stone
Clarke, Ark.
popularize himself with the people for the purpose o f securing
Foster
Penrose
Sutherland
Crane
Gardner
Tillman
=
Poindexter >
a reelection; that it is a bad thing for the President to seek
Crawford
Gore
Reed
'
W arren
f
to please the people who chose him to govern them, and there
Culberson
Lea
Richardson
W atson
Curtis
Lippitt
Williams
fore we w ill take from them the right to reelect a man because
Smith, Mich.
1913
CONGRESSIONAL RECORD— SENATE
lie Lins pleased them ; and we will lake from the President the at the end o f four years by selecting his oshecessor. It is
incentive to respond to the popular will in his administration. an amazing proposition to me that this amendment can com
That is what this means, and that is the very theory upon which mand the support that it now does, am jf regardless o f the
it is being pressed.
amendments submitted here to-day, w kiejr doubtless w ill be in
I believe that the American people are perfectly capable o f corporated in the joint resolution befoije^it is acted upon, I be
selecting their Presidents. I have not any less faith in the lieve the motive that prompts many ^ the advocates o f this
intelligence o f the American people to-day than had our fathers constitutional amendment— I do nq# say all, for I know it
when the Constitution was adopted. They did not believe that is not true as to all— is to keep tffe Presidency open so that
it was unsafe to permit the American people to have the oppor this great honor may be p a sse d ^ round to gratify ambitious
tunity o f reelecting their President. They believed that the statesmen instead o f being usetUfb serve the best interests o f a
American people at that time could be trusted, that they had nation o f 90,000,000 people.
sufficient intelligence and information to act wisely. I do not
The Senator from M ontana^M r. D ixon ] referred to some o f
believe it has ever been claimed that they were not patriotic. the Presidents who had beoa-Teelected, indicating that it would
The allegation has never been made that the American people not have been in the public interest to have changed the na
did not love their country and did not want to exercise the func tional administration afcjrertain critical periods in the history
tions o f the Government which they had the privilege o f exer o f our country. There hras never been, in my judgment, a great
cising in harmony with what would be for the best interests President who has no.tibeen reelected. I do not believe that the
o f the country.
American people hays ever refused to reelect a great President
Put it has been alleged that the public itself has not the in who had served tligfn wisely. They have never elected a man
formation, has not the intelligence, to judge wisely in regard to for the third tins?; and possibly the action o f Washington in
laws or governmental policies. But it has remained for this refusing a third.flection, basing it upon the ground he did. has
day for any considerable coterie o f statesmen to question their had a tremendous influence in preventing the election o f any
wisdom in selecting their Presidents. I f 130 years ago lead man for the gtird time.
But neve?^jneless. in my judgment, that has only been a fac
ing statesmen o f our country believed that then it was perfectly
safe to permit the people to have the opportunity o f reelecting a tor, because in the development o f our political institutions it
President if they saw fit, is it not just as safe now? When has not L^nen customary, and it has not been the habit o f the
the Constitution was adopted there was but two daily papers American people, to continue any administration, personal or
in the United States and neither o f them had a circulation o f partisan, for a long period o f time. The Republican Party, I
fifteen hundred. Now, there are thousands o f them, many o f b e l ie f, will have had continuous control o f the Government o f
the.jtnited States for 1G years on the 4th day o f next March,
which have circulations aggregating hundreds o f thousands.
a n # i f I remember accurately, that is the longest period when
Hr. HITCHCOCK. Mr. President-----The PRE SID EN T pro tempore.
Does the Senator from t$e administration o f the Government has ever been intrusted
c«i the hands o f any one party. Parties in power gradually be
Kansas yield to the Senator from Nebraska?
Mr. BRISTO W . I do.
A co m e arbitrary and seem to lose touch, to use a common phrase,
Mr. HITCHCOCK. The Senator from Kansas thinks that with the rank and file o f the population. When they do so
because our forefathers decided, after prolonged debate, to make they are retired and their opponents are placed in charge o f
no prohibition against the reelection o f the President, therefore the Government. I f the opponents do not exercise that power
we in this day, after our experience o f more than 1 0 0 years, or that responsibility in harmony with public opinion the op
should take their judgment. I ask him in reply, if that assump ponents are soon retired, and the defeat serves as a warning,
tion or conclusion is correct, would it not also be true Uiat we as an instruction, as a discipline to the party that had there
should take the judgment which they then rendered upon the tofore .controlled the Government. So the very operations o f
election o f United States Senators instead o f now mfcidng up this Government o f ours have been such, judging from the ex
our minds to change the arrangement as' they then rnhde it and perience o f the past, as to make the lim itation proposed wholly
make those Senators elected directly by the p e o p ir instead o f unnecessary.
by the legislatures, as our forefathers designed? j f
There is not a Senator here who w ill point to any period in
Mr. BRISTO W . The premise o f the Senator j f o m Nebraska the history o f his country and cite it as an example that ju sti
is not correct I did not say that because # lr forefathers fies this change in our Constitution. The experience o f 130
thought it would be safe for the people to be jfr listed with the years has demonstrated that this power has never been used ex
power to reelect therefore we ought to be a$Te to trust them. cept wisely by the American people. Then why is it to be
I did say, in substance, that if they believed/w ith the facilities taken from them? Ah, mv friends, I wish-----Mr. W ILLIAM S. Mr. President-----for popular information which then existed
was safe to trust
The PRESID EN T pro tempore. Does the Senator from Kan
the American people, certainly w ith the enlarged opportunities
for public information, with the iuereasedjeapacity o f the Amer sas yield to the Senator from Mississippi?
Mr. BRISTO W . I do.
ican people to judge upon public questions, it does not become
Mr. W ILLIAM S. I f the Senator from Kansas w ill permit
us now to take from the people an authority which our fathers
thought they at that time were capaMe o f wisely and safely an interruption, I wish to ask does the Senator understand
exercising. I f the argument was soijftd then it is a thousand this joint resolution as taking any power from the American
people?
fold sounder now.
Mr. BRISTO W . I certainly do.
I w ill say further to the Senatorjfrom Nebraska that even if
Mr. W ILLIAM S. I had, then, a misapprehension. I thought
our fathers, when the Constitution* was adopted, had forbidden
the American people by its provisions to reelect a President, I that the joint resolution was to submit the question to the
Would now be in favor o f taking out o f the Constitution that people whether or not they should take certain powers from
themselves.
restriction.
fMr. BRISTO W . Oh, y es; I understand. That has been re
Mr. HITCHCOCK. I am very glad to hear the Senator say
that, because it seems to me th at the argument he made was ferred to once before here this morning by a Senator in dis
without very good foundation, and he practically abandons it cussing the question, but Senators do not vote upon these con
how when he says that he (Joes not believe in taking their judg stitutional amendments simply for the purpose o f submit!ing
them. Heretofore, at least, such an amendment has reflected
ment in the light o f recent experience.
Mr. BRISTO W . I think' the Senator is entirely mistaken, or the judgment o f the Senators who voted upon it. W e have not
fie did not understand me. I am afraid that he has not been submitted amendments as they come along and passed them
listening with his usual attention. I have not abandoned any on to the people; that has not been the practice o f the United
argument or any position that I took. I am simply emphasiz States Senate or o f the House o f Representatives.
Mr. W ILLIAM S. Mr. President, my question was not di
ing the position which I took and trying to call to the atten
tion o f the Senate the reasons why the people should now or rected to that. I did not say that any Senator voting for the
could now more safely be trusted with this authority than they amendment would not also be willing, as one o f the people, to
eould 130 years ago. I f it was safe then, as our fathers believed, vote to circumscribe his power as one o f the people that fa r ; but
and experience has demonstrated they were right, why is it the Senator has been arguing for about 10 minutes upon the line
necessary now to take from the people this right which they that wo are depriving the American people o f an opportunity,
fiave enjoyed for that time and which every Senator in this o f a liberty, and o f a power, when really what we are propos
Chamber must admit tliev have exercised wisely, because there ing to do is to submit to them a join t resolution which, so far
is not a Senator who w ill rise from his seat and declare that from depriving them o f any power, gives them a power to de
ibis power has been abused by the American people in the past. prive themselves o f a power, and which requires a vote o f threeThey have not reelected a President who has abused the power fourths o f all the States in the Union voting by a majority o f
° f the Presidency, but the uniform experience o f the American the people before it can become effective.
Mr. BR ISTO W . I shall be very glad if the Senator from
People in the administration o f their Government has been that
whenever a President was not a good President he is removed Mississippi w ill take that same view o f his responsibility in
2268
CONGllESSIONAL 11ECOKD— SENATE.
submitting an amendment when some amendments which are
now pending before the Committee on the Judiciary come before
the Senate for action.
Mr. W HXI'AM S. Mr. President, I beg the Senator's pardon
once more'. The Senator seems still to misunderstand me. It
is the duty o f ft Senator to reflect his own opinion as a citizen
in the vote which' he casts upon a proposed amendment to the
Constitution. But that, is not the question. The Senator is
making a speech to go to Hip world fo r the purpose o f influencing
public opinion, and he seem M o be trying to make the impres
sion upon the people that we 'fne depriving them o f an oppor
tunity or o f a power, whereas theTruth is that those o f us who
think that we are willing to circumscribe our power as a part
o f the people to this extent are submffitoS it to the remainder
o f the people to see if they are willing to do so.
Mr. BRISTO W . I am making a few remarks for the purpose
o f impressing the country with the fact that a large number of
the membership of the United States Senate believe there should
be taken from the people the power to reelect a President
even if he lias been a satisfactory one, for the passing o f t|is
„
joint resolution can mean nothing else.
Mr. OWEN. Mr. President-----The PRESID EN T pro tempore.
Does the Senator from
Kansas yield to the Senator from Oklahoma?
Mr. BR ISTO W . I do.
Mr. OWEN. I wish to call the attention o f the Senator from
Kansas to the fact that when this joint resolution is submitted
to the people, it is not submitted to the people, but is sub
mitted to the delegates o f the people, much smaller in number,
who may lie more easily influenced in the matter than the
people, and the people do not in reality pass upon the joint
resolution. I think the Senator from Kansas is entirely right
in demanding the right o f recall on any man who is put in the
presidential chair.
,
Mr. BRISTO W . I thank the Senator from Oklahoma.
Mr. DIXON. Mr. President-----The PRESID EN T pro tempore. Does the Senator from
Kansas yield to the Senator from Montana?
(....
Mr. BRISTO W . I do.
A, Mr. DIXON. I merely want to supplement what the Senator
ffqm Oklahoma [Mr. O w e n ] has said. As a matter o f fact,
the’ people o f the United States will never have any opportunity
to pass on these matters. W ith the 48 States, averaging prob
ably Rip members o f the legislature to a State, it is within the
power b| less than 0 ,0 0 0 people by the membership o f those
legislatures to effectually and perpetually tie the hands o f the
American p eop le in this matter.
Air. W ILM A M S. Mr. President, if the Senator from Kansas
will pardon % e-----The PRESID EN T pro tempore.
Does the Senator from
Kansas yield toktho Senator from Mississippi?
Mr. BRISTOW , I do.
Mr. W ILLIAM S. In reply to the Senator from Montana
[Mr. D ixon ], I w ill,say that his remarks rest upon an assump
tion which I do not believe has any foundation in fact, and that
is that when the legislatures o f three-fourths o f the States of
the American Union vote in a certain way they do not reflect
the opinion o f the American people; that his assumption is an
assumption which takes it for granted that representative gov
ernment is a broken reed; that it is an obsolete, useless, and
ridiculous institution; that the representatives o f the people in
the States do not represent the people who make them repre
sentatives. That now and then there should be a Judas Iscariot
amongst the Twelve Apostles goes without saying; that there
should now and then be representatives o f the people who mis
represent the people goes equally without saying; but I, for one,
get a little tired o f the assumption, generally made oracularly,
that when the representatives o f the people act in the name o f
the people and for the people, exercising the functions which
the people have intrusted to them, the people have neither part
nor parcel in their action.
Mr. DIXON. W ill the Senator front, Kansas permit me to
make a suggestion?
The PRESIDEN T pro tempore. Does the Senator from Kan
sas yield to the Senator from Montana? %
Mr. BRISTOW . I do.
Mr. DIXON, The Senator from Mississippi [Mr. W i l l i a m s ]
evidently overlooks the fact that in every other constitutional
amendment submitted by Congress to the legislatures o f the
different States such submission has been for the purpose of
enlarging the power o f the people themselves. This is the only
constitutional amendment proposed to be submitted that has
for its purpose the curtailment of the power o f the people.
Mr. W ILLIAM S. That is a totally different question; that
is going to the merits o f the proposition.
Ja n u a r y
0
,
Mr. DIXON. The amendment rests on an entirely different
basis from that o f any other constitutional amendment ]> -et 1
fore submitted. It teuds to curtail tte u w r a o f the
°"
le,
while every other constitutional anmmfcment has ha
purpose the enlargement o f the p ow er'of the peoph
v ;
Mr. W ILLIAM S. I do not care to reply to that,
'
is going to the merits o f the proposition, and I do
is fair to take up the time o f the Senator from Ka
B ristow ] for that purpose. That goes to the main a
and is a total deflection from the point I was making,
was that the Senator from Kansas was making an appeal tc
people that they were being sacrificed and deprived o f s0j
thing by us, whereas as a matter o f fact, it w ill rest wit
them as to whether it shall be consummated or not.
Mr. OWEN. Mr. President-----The PRE SID EN T pro tempore. Does the Senator from
Kansas yield to the Senator from Oklahoma?Mr. BRISTO W . I do.
Mr. OWEN. I merely want to suggest that representative
government has so far failed in the United States that the peo,
pl.e from one end o f this Nation to the other have risen in rebel'
lioYi against it, and from the Pacific coast to Maine have demavfcled the right to again take into their owns hands, when
necessary, the direct power to govern.
M q. BORAH. Mr. President, I do not agree with the Senator
fromSOklahoma——
The PRESID EN T pro tempore. Does the Senator from Kan
sas yield to the Senator from Idaho?
Mrf BRISTOW . I do.
Mr, BORAH. I do not agree with the Senator from Oklaliom $ that representative government has failed.
It has not
faihfd. Because a representative now and then has proven incojppetent it can not be said that representative government
’’ As failed. But if it has failed this is not the remedy for it.
i e are now proceeding contrary to the doctrine which the Sen
ator from Oklahoma urges, and not in harmony with it,,when
we undertake to take away from the people the right ifi select
whom they would for their Chief Magistrate.
Mr. HITCHCOCK. Mr. President------ The PRESID EN T pro tempore. Does the Senatj from Kan
sas yield to the Senator from Nebraska?
Mr. BRISTOW . I do.
Mr. HITCHCOCK.
Does the Senator fpfhn Idaho [Mr.
B orah ] think that the present restrictions ip the Constitution
should be eliminated and that the people should be given the
unrestricted right to select whom they pMase fo r President?
We have, for instance, a restriction th at/a man not a native
o f the United States shall not bs President and that a man
below a certain age shall not be President. W e have similar
limitations which apply to Senators. Does the Senator from
Idaho take the position that no restriction should be applied to
the office o f President o f the United States?
Mr. BORAH. I w ill answer that question by asking the Sen
ator from Nebraska a question. Does the Senator from Ne
braska think, if those restrictions were taken off, there would
be any danger from leaving it to the people to select whom they
would to represent them in the Senate? I accept the doctrine
of representative government in all its logical conclusions.
Mr. HITCHCOCK. I do not think it is a question o f pro
viding against a danger. I think we are here to endeavor to
so amend the Constitution o f the United States as to improve
the conditions surrounding the exercise o f Executive power.
W e had a spectacle here only -a few months ago o f the office
o f the President o f the United States being prostituted for the
purpose o f making a disgraceful campaign. That would not
have been possible if this prohibition had been part o f the
Constitution. W e saw the President o f the United States leave
the W hite House and go out upon a campaign o f competitive
personal vilification.
W e have seen over and over again
months o f the time o f the President taken up in the effort to
secure his reelection and in preparing for it, and I think it is
a very wise thing to place a limitation, upon the people o f the
United States and to make it impossible for the President of
the United States to do such things.
\
Mr. BORAH. Does not the Senator fpjm Nebraska think
that the people are perfectly capable o f passing judgment upon
the propriety o f conduct o f a candidate
r the Presidency
whether he is in the W hite House or whether he is simply
trying to get into the W hite House?
Mr. HITCHCOCK. That might possibly be So if the matter
could be submitted simply to a vote o f the American people, but
we all know that great machinery has got to be pLiced in motion.
W e saw a President o f the United States renominate himself.
The Senator from Kansas and the Senator from Idaho both
know that the President secured his nomination by the use of
1910.
CONGRESSIONAL RECORD— SENATE.
identical subject, and if tlie Senate w ill indulge me for reading
a portion o f a page, 1 w ill do so. He says in a letter to
L afa yette:
2273
on the wane, to introduce a proposition here to deprive 1 hem o f
some o f their powers and pass a resolution which implies at
least that we have suddenly awakened to the conclusion" that
There arc other points in which opinions would be more likely to the American people are politically decadent.
vary.
As, for instance, on the ineligibility of the same person for
I imagine that every great private monopoly in ffie United
President after he should have served a certain course of years. Guarded States would hail with jo y the passage o f this jojj£t’ resolution.
so effectually as the proposed Constitution is in respect to the preven
tion of bribery and undue influence in the choice of President, I confess I say “ private m onopoly” because the qu estion in ’ the regula
I differ widely myself from Mr. Jefferson and you as to the expediency tion o f those great private agencies underlies njost o f the politi
or necessity of rotation in that appointment. The matter was fairly cal issues o f to-day.
discussed in the convention, and to my full conviction, though I can
When a campaign to establish some principle o f control or
not have time or room to sum up the arguments in this letter. There
can not, in my judgment, be the least danger that the President will restraint o f those who seek to use the posfer o f wealth, the con
by any practicable intrigue ever be able to continue himself one moment trol o f transportation, the undue advantage and special priv
in office, much less to perpetuate himself in it, but in the last stage
of corrupted morals and political depravity, and even then there is as ilege o f the tariff for the oppression ?of their weaker neighbors
much danger that any other species of domination would prevail. or the masses, o f the people— a powfrr which must be restrained
Though when a people shall have become incapable of governing them by the Government, because thejaps no other source from which
selves and fit for a master it is of little consequence from what quarter
no comes. Under an extended view of this part of the subject, I can the restraint can come— and M & iust be restrained by the Fed
see no propriety in precluding ourselves from the services of any man eral Government, because ledpnng it to the States is leaving it
who on some great emergency shall be deemed universally most capable to be unrestrained. The Sidles have not the requisite physical
of serving the public.
or political power, a n d jp m y times they have not the disposi
_ Now, if there is a danger o f a man subverting the Constitu tion, when a cam paign^ ) put in the hands o f the Federal Gov
tion by the power o f office, the very inclusion in the instrument ernment means for thijpi regulation and control is under way, and
a prohibition against serving more than one term o f six the question has bgph weighed before the people at the bar o f
they have rendered their judgment upon it
Nears w ill be the greatest incentive that can be offered to such public opinion—
a man.
in the election, j $ < 1 it has gone its course through ail the checks
Suppose a man o f that caliber occupied the office who had and balancesJmd divided powers o f our system o f government,
toot, perhaps, with the favor o f the people, and was willing and finally ,i#n avin g its effect in the hands o f a vigorous and
to use, as it was assumed in making this argument, an ambitious earnest administrator o f the office o f President—ju st as he is
President would be willing to use tlie powers which come to him about tgtjMccomplisIi the results for which this long campaign
waged he finds this amendment coming into play,
as President to subvert the spirit o f the Government and its has bo0
taws, and he should be confronted by a provision, a written should it be adopted, and saying that he must go out o f power,
attempt, a paper barrier, against perpetuating himself in andjjrae hand o f the man who has been found willing and able
office, there would be the greatest temptation that could be tagSneet the needs o f the people upon this great question is
offered to him to violate the Constitution, to suspend this pro 4$ lsie d and their w ill rendered futile.
vision, to make some declaration by which to take advantage .
Every country furnishes examples, from which it is manifest
° f his popularity with the people and his power as P resid en t^ th a t disaster -would have fallen upon them i f they had been gov
flnd ignore the amendment which is proposed here.
$
erned in the great crises o f their history by such a provision
There are a great many free constitutions where there isJKit as this. Our own history is full o f such instances. W e have
any freedom. There are a great many countries, smalLMnd had times o f stress, when the Nation’s existence was at stake,
large, where provisions o f this kind are constantly vi^pited. when the conduct o f a great w ar or the prosecution o f a great
'-The hope o f the country does not depend upon the C on gpu tion policy depended upon a single individual who was the man
as it is framed now, nor as it is to be amended, but ^ d ep en d s fitted for the hour. Suppose that iu the midst o f his power,
upon the capacity o f the people to preserve peace a n dprder and his official responsibility, his official opportunity, in the Civil
good government. The Constitution is no s tro n g # than the W ar, for instance—because it may as well be as not that his
Political morals o f the people who framed it aJjK for whose six years’ term would expire in the midst o f a critical cam
government it was established. I f you assumegfiiat a people paign, upon Avliich the life o f the Nation was at stake— this
can be corrupted by a President by tiie use o f life office, so that amendment should call him out o f office, throwing the country
ao w ill be elected when he ought not to be,
have assumed into the throes o f an election o f a new and untried man. It is
Fiat they are incapable o f self-government uSKl you have aban not log ica l; it is not common sense; it does not tend toward the
doned the whole case. You can not protect such a people by freedom or liberty o f the people or to enlarge in any w ay the
Written constitutions. There can not be qfeV form o f free gov safety or the service which the Government renders to them.
ernment which would be successful with spell a people.
There is not a successful private organization in the w orld
There are many things in our Constitution and in our extra- which would adopt such a policy, and one phase o f the Gov
constitutional Government, a system o fjfo r t y government in the ernment is but that o f a great business organization. Every
United States, which are practicable |fere, successful here, but great private business concern has achieved its success to ii
which would be utterly im practicably'in some other countries large extent by the selection o f competent men to do its work
where the people are less educate^ where they are less in and by keeping them in their position and by promoting them
formed, where they possess less §pb ility, less love o f justice, to the highest positions so long as they remain faithful and com
less respect for the law.
M
petent.
The fathers o f the Constitution were wise enough to fix a
I have heard a great many Arguments made in the Senate
against some o f the proposedjfcew agencies, which, after all, short term o f office for the President, and to leave him eligible
are nothing more than new w m s o f organizing political parties, for reelection, because it gives the people an opportunity every
and the Constitution does rm . deal with that at all. And yet four years to determine whether or not he is competent to a d
they are opposed here as Jfiough they were undermining the minister the duties o f that office. It is impossible for him to
ycry foundation o f the C(Restitution. There is the primary, fo r abuse the power o f the office to any great extent within that
mstance. The primary nomination o f candidates for office, the' short period, with the new agencies o f nomination I have re
presidential preference p rim a ry , has nothing to do with the ferred to, and yet it leaves with the people the privilege o f
Constitution. It is a/rnere system o f party government. I continuing him there indefinitely, or at least past- the danger
nave heard many o f tile arguments made against those popular period o f some critical passage o f the Nation, if they see fit
agencies which wouM be perfectly sound in the case o f some to do so.
An occasion that everybody will bear in mind was when the
constituencies, perhaps, in this country, and o f the entire popu
Empire o f Great Britain first extended itself in that mighty
lation o f some otjibr countries.
In considering/Whether or not the President shall hold office sweep around the w orld and established its flag and its laws
for six years aim be ineligible for reelection, the whole question from its island home tp the end o f the seven seas—when the
*s as to whether or not the people are capable o f determining Earl o f Chatham was at the head o f the English Government,
that question for themselves, or whether you are going to when Clive was selected by him to lead the armies o f England
attempt to put a guardian over them in the shape o f a straight- in India, when he sent W olfe to face Montcalm in Canada,
lacket provision saying what they can not do in regard to when he was waging a mighty struggle against the armies of
France on the frontier o f Germany— when the question was
electing a Chief Executive o f the Nation.
I f they were in their swaddling clothes such a provision would whether England should blossom and bloom and prosper and
he necessary, but when they for a thousand years have exer flourish as the greatest empire o f modern times or whether It
cised self-government and enjoyed freedom, when they have de should sink into obscurity and insignificance as a defeated rival
veloped the greatest svstem o f education, the most ample means o f its European neighbors. Suppose iu th at crisis in the history
for the transmission o f information o f any people in the world, o f Great Britain some foolish, some absolutely illogical provi
U is an unusual time now, when we are in the midst o f progress, sion o f the constitution had decreed that the great Lord Chat
^'heu inform ation and education are on the increase instead o f ham should give up the helm o f state and step down and a
2274
COM*RESSIONAL KECOKD— SENAT
new and untried and incompetent man should take his place.
The same condition might well arise here— it will arise here
if this amendment is adopted, llie effects o f which w ill come
hack to plague and curse the people for whose benefit it is
supposed to bV framed.
During the delivery of Mr. Poindexter’s speech,
Mr. GALLlNGER. Mr. President, w ill the Senator from
Washington yield to me for a moment?
Mr. PO IND EXTER. I yield to the Senator from New Ilamp*
shire.
Mr. GALLINGER. I offer a proposed substitute for the joint
resolution, that it may.be pending.
Mr. PO IN D EXTER. I am very glad to yield for that pur
pose.
%
The PRESID ING OFFICER (Mr. Brandegee in the chair).
The Secretary will read the proposed substitute.
The Secretary read as follow s:
The executive power shall he vested in a President of the United
States of America. The term of the office of the President shall be
four years. No person who has Feld the office by election, or dis
charged its powers or duties, or acted as President under the Constitu,
lion and laws made in pursuance thereof, shall he eligible to hold tjpl
office by election more than one additional term.
Mr. GALLINGER. I thank the Senator from W ashing!
Mr. POIN D EXTER. The Senator is entirely welcome
Mr. HITCHCOCK. Will the Senator from WashingtoijTyicld
to me to offer an amendment, that it may be printed?
Mr. PO IN D EXTER. I yield to tbe Senator from Nfbraska
for that purpose.
Mr. HITCHCOCK, My amendment contemplates striiin g out
i he reference to the officer who may hold or exercise th i power.
I should like to have it read, so as to get it into the R ecord.
The PRE SID IN G OFFICER. The Senator from Nebraska
proposes an amendment, which w ill be read.
The Secretary. On page 2, line 7, in the committee la mend
meut, after the w ord “ election,” strike out down to and ju clud
ing the word “ thereof,” in line 9, so as to r e a d :
The executive power shall he vested in a President of the Ibnited
States of America.
The term of the office of President shall ®e six
years, and no person who has held the office by election shall bo eligible
to hold again the office by election.
a x u a k v
; jo
Mr. RICH ARD SO N (when Ills name was called)
and will vote. I vote “ nay.”
The roll call was concluded.
Mr. BOURNE. I desire to announce that I am paired win
the senior Senator from Alabama [Mr. B ankimad]. H eiice t
withhold my vote.
/
*
Mr. DILLINGHAM . I desire to nnnounce/that on all n,
votes to be taken to-day, I have transferred f a y pair w ith t l °
senior Senator from South Carolina [Mr. T illman] to the s 0]°
ator from New M exico [Mr. F all]. On tlds question 1 gqajj
vote. I vote “ nay.”
/ ,
M r.‘ CHILTON. I announce the pair o f my colleague fAr,.
*
rsow] with the senior Senator from - New Jersey | •
T-----R s ig g s ].
The result was announced
yeas 10, nays 5S, as follow s;,
Asliurst
Bristow
Clapp
Y E A S — 10.
Dixon
Owen
Oronna
Perky
Martine, N. .T
.
Poindexter
Thomas
Borah
Bradley
Brandegee
Brown
Bryan
Burnham
Burton
Catron
Chamberlain
Chilton
Clark, Wyo.
Clarke, Ark.
Culberson
Cullom
Cummins
N AY S— 58.
Dillingham
La FoHettc
Lodge
du Pont
Met 'umber
.Fletcher
M c L e .'in
Galliuger
M yers
Gamble
Guggenheim
Nelson
ITelskell
O ' lor man
Hitchcock
Oliver
Jackson^
Overman
Johnson, Mo.
Page
Johnston, Ala.
1 ay liter
Johnston, Tex.
l ’ercy
J ones
Perkins
Kenyon
Pomerene
Kern
Boot
Shively
Simmons
Smith, Ga
Smith, Md.
Smoot
Stephenson
Sutherland
Swanson
Thornton
Townsend
Wetmore
Williams
Works
NOT VOTING Fall
Massey
Foster
Newlands
Gardner
Penrose
Gore
Heed
Lea
Richardson
Lippi tt
Sanders
Martin, Va.
Smith, Ariz.
N
Smith, Mich
Smith, S. C.
Stone
After the conclusion of Mr. Poindexter’s speech,
Tillman
The PRESID ING OFFICER. The question is on agreein^ to
Warren
Watson
the amendment proposed by the Senator from Kansas [3
V
B ristow] to the amendment o f the committee.
So Mr. B ristow’ s amendment to the amendment of the com.
Mr. BR ISTO W . I should like the yeas and nays on that. Mr.
yttee was rejected.
President.
[r. W ILLIAM S. Mr. President, I now call up the amend.
he yeas and nays were ordered.
lJ which I presented' this morning.
Mr. OWEN. Mr. President, before the vote is taken I wish to
say that I want to give my adherence to the proposal submitted
ie PRESID ING OFFICER. The Senator from Mississippi
pses an amendment, which the Secretary will state,
by the Senator from Kansas [Mr. Bristow], 1 believe that the
people o f the United States ought to have the right, if they find
le S e c r e t a r y . In lieu o f th e matter proposed to be inserted
the President o f the United States is not in accord with ma
le committee, it is proposed to insert tlie follow ing:
tured public opinion, to name his successor and to do so without
e executive power shall he vested in a President of the Unite,i
s of America. The term of the office of President shall bo
waiting for six years or four years if after two years they find
He shall be ineligible for one additional term of four years ami
he is not in accord with public sentiment.
thereafter ineligible a tfa n y time. No person who shall hereafter
The President o f the United States, in my judgment, is not to
il<f ihc office or dischargee its powers or duties or act as President hv
clessioii for any fraction of a term under the Constitution and law,
be regarded as an individual. He is controlled by his environ
e in accordance thereof shall be reeligible beyond sucli a fraction
m ent; he is controlled by advisers; and he is controlled by in
term and for one term by election.
fluences that are brought to bear upon him in a great variety
Jhc President,, together with a Vice President chosen for the same
o f ways. I f lie be o f a temperament which yields to the blan terjn, shall be elected as follows.
dishments o f interests which are opposed to the interests o f the
Sir. CLARKE o f Arkansas. Mr. President. I make the point
American people, and that bo made manifest from his conduct, o f larder that that substitute can not be considered at this time
I am o f opinion that the people should have the right to put a as fthere are certain other amendments pending to the commit
masterful hand on him, take him from his seat o f power, and ted amendment. The friends o f the Committee amendment have
place in liis stead some man who w ill represent the interests, a fig h t to perfect it before any proposition that goes to the life
(lie aspirations, and the hopes o f the people of this country.
it is entertained.
For that reason 1 am in favor o f the proposed amendment o f f Mr. W ILLIAM S. In reply to that, % would say that I think
the Senator from Kansas to the committee amendment.
liat position hardly well taken. IIere\is an amendment to the
The PRESID IN G OFFICER. The Secretary will state fo f joint resolution: it does not go to the l\fe o f it; it merely goes
the information o f the Senate the amendment to the amend to tlie terms o f it; it substitutes a termVif eight years, with an
ment proposed by the Senator from Kansas.
opportunity fo r recall by re je c tio n in tap middle o f that term
The Secretary. It is proposed to insert as a separate para for a term o f six years. I do not see tint* it goes to tbe life of
graph, after line 1 0 , on page 2 , the follow in g:
lie proposition, add tlie amendments whiefc may be made would
The Congress shall have power to provide for the recall of the he useless only in Abe event that they w eiA n ot pertinent to the
President by a popular vote at any biennial election.
main proposition.sr
\
The Secretary proceeded to call the roll.
Mr. CLARK E o f Arkansas. Mr. President, the proposition
Mr. LIP P IT T (when his name was called). I again an- is clearly a substitute for the pending amendfoient o f the Com
>unce my general pair with the senior Senator from Ten mittee on the Judiciary. The gist o f the substitute o f the Sen
nessee [Mr. Lea] and refrain from voting.
ator from Mississippi is to preserve the old id\i o f two terms
Mr. OWEN (when his name was called). I transfer my o f four years each, adding a disqualification to hold beyond
pair’ with the senior Senator from Kansas [Mr. Curtis] to m
y* that period, whereas tbe proposition o f tbe committee is to’ sub
colleague [Mr. G o r e ] and vote. I vote “ yea.”
stitute for the provision now in the Constitution an entirely
Mr. O LIVER (when the name o f Mr. Penrose was called). new provision o f one term o f six years. The two propositions
My colleague [Mr. Penrose] is out o f the city to-day. I f lie obviously do not cover tbe same ground, and before we are com
were present on this roll call he would vote “ nay.” He is pelled to vote on tbe amendment allowing two terms of four
paired with the Senator from Mississippi [Mr. Williams].
years each, with ineligibility to reelection to a third term, we
!
1913
CONGrllESSIOXAL EECOED— SEXATE.
2279
stituted— the exact moment at which the sapping and under
Mr. BORAH. He was elected for but one term.
mining had become effective. Do you imagine that the people
Mr. W ILLIAM S. Nor did that matter snake any difference.
o f Home knew that they had overturned the old Homan govern It was a very long term, and he never served out that one
ment even when Cffisar came back from Gaul? They did not term as consul, according to my recollection. He perpetrated
have the slightest idea o f it. Do you imagine that they knew the coup d’etat during that term.
f
that they would overturn the old Roman republic when they
Mr. BORAH. W ithin the six years which we would hrivc
elected Marius for the sixth term as consul? They had not the incorporated in our Constitution he perpetrated it.
j f
Mr. W ILLIA M S. I f you strike a case where a maiyfcomes
slightest idea o f it.
Mr. PO IN D EXTER. Mr. President-----into the Presidency in command o f a million trained troops, y e s ;
The PRE SID IN G OFFICER. Does the Senator from Missis but the Senator must admit that does not present i|Sself very
sippi yield to the Senator from Washington?
often in the history o f the world.
M
Mr. W ILLIAM S. I do.
Mr. BORAH. Nor do we have the N apoleonijfillustration
Mr. PO IN D EXTER. The Senator says that the ambitious very often.
man w ill gradually undermine the Constitution and overturn it,
Mr. W ILLIAM S. I f you allow a man to gaalnto the office
ond in another part dt his address he said that the most dan and be reelected indefinitely— take a man o f 3 o great ability;
gerous man was the most popular man.
take m yself or the Senator— i f we w a n ted jfo do it ; if you
Mr. W ILLIAM S. I said the only dangerous man to free in- gave us 1 2 , 15, or 2 0 years in the presidenfpil office, no power
stit1 ns was a popular man. An unpopular man has never on earth or under heaven could turn usjput if we wanted to
''
stay in.
JF
done them hurt.
Mr. BORAH. But the Senator froinjplississippi and I would
Mr. PO IN D EXTER. Let me ask the Senator if, given that
combination which he has described, an ambitious mnn^ and p. have a hard time staying there thatJ#ng.
Mr. W ILLIAM S. Oh, y e s ; b u t t p u ’e would be a possibility
Popular man, and in some critical juncture o f the Nation's
affairs, in some really important Issue before the people,believed o f it in any case unless we adopJPsome amendment, or unless
that he was the man to carry out-.their wishes in that regard, we enforce the old practice. ISnis fa r the American people
does the Senator think that this paper resolution which you are have prevented the p o s s i b i l i t y i t by adhering to what they
call their unwritten law. B y the way, there are unwritten
passing here now would have any practical effect?
Mr. W ILLIAM S. Y es; I know it Would. I did not say as la w s; this is an instance i^uhe Monroe doctrine is another.
the Senator said. Precisely what I said whs stronger than They are almost as sacregny binding upon a people as their
what he quoted me as saying. I said the only dangerous men written law. But I am Jlfrough with the discussion, Mr. Presi
to free institutions were popular men. They must be first dent. I express the h o w that the amendment may be adopted.
Mr. M cCUMBER obfctined the floor.
h old ; then they must be popu lar; and then they must be am
The PRE SID IN G L0FFICER . W ill the Senator from North
bitious, unscrupulously ambitious. I f you give them the three
things and then give them “ a crisis,” they would prevail. The Dakota yield to thJpChair for a minute? The Chair desires to
French people had no idea that they had overset the French call the a t te n tio n ^ the Senator from Mississippi to the amend
Republic when they elected Napoleon Bonaparte as First Consul. ment he has purposed. The resolution, as reported from the
They thought what the Senator from Washington [Mr. P o i n committee w itlm h e committee amendment, is as follow s:
d e x t e r ] had in his mind a moment ago, that Napoleon was the
Omit the pai^f struck through and insert the part printed in italic.
only man who could save the French people. The French repub
That is y*e committee amendment. The Senator from Mis
lican armies under Moreau and under Hoche had been winning
sissippi iuy& proposed in lieu o f the amendment reported by the
victories on the Rhine and everywhere else even before Napo
com m itted to insert the following.
leon's achievements. lie was the greatest general o f them all,
Mr. W ILLIAM S. I said strike out all after the resolving
I have no doubt, but in him the French people put a man in to clause jfmd insert.
Sfive the Republic who destroyed the Republic.
ThorfPRESIDING OFFICER. I f the Senator w ill allow the
When they elected the third Napoleon, there being at that time Chair, on his own draft he w ill see the Chair stated it corPopularity in name only, as President o f the French Republic, reetrv.
they had. no idea they were destroying the Republic. They
M r . W ILLIAM S.
Then it must have been wrong in my draft.
did have an idea that nothing but Napoleonism could restore
/M r. CLARKE o f Arkansas. Mr. President, if you are going
France to her “ g lo r y ” and her greatness, and her “ destiny,” jjiS open the ruling upon my point o f order and reverse your
and all tnat sort o f tnmg.
an that sort or thing.
I action, you have opened up another discussion o f it here and I
Ciesar and Napoleon the Great are good illustrations of^ fw j]| -withdraw it.
abnormally great, bold, popular, ambitious men, each meeting'
The PRESID ING OFFICER. The Chair assumes that the
with a crisis, where the fact o f his ability and popularity aijd Senator from Mississippi would like to have it corrected.
alleged “ necessity to the S ta te” could be urged as a reason
Mr. W ILLIAM S. The Chair is right. Let it be in lieu o f
for submitting to a coup d’etat.
,
/
the amendment proposed by the committee.
You are going to have crises in your history, and your are
The PRE SID IN G OFFICER. The Senator from Mississippi
going to have men o f that sort. Even if it were admitted that sees that as the language is at present, if his amendment pre
a paper barrier, as you call it, could not always be reliqd upon vails, it would leave in the resolution the language proposed to
to prevent men o f that ilk from doing their will, yet it'w ill be be stricken out by the committee amendment, and that would
some obstruction and do some good, and in ordinary/tim es it make an inconsistent resolution entirely,
will be absolutely effectual.
/
Mr. W ILLIAM S. I see the point.
Now, if you have something that in ordinary Itfhes is ab
Mr. CLARK E o f Arkansas. That was very earnestly pre
solutely effectual, then the example for the dangerously great sented, but the Chair did not catch the statement I made. That
and bold and ambitious w ill not be given by men less able and was the foundation on which I proceeded. I undertook to make
less ambitious and less bold, so that when the crisis comes the m yself clear. The Chair persists in reversing it. I do not care
People can not be told nor made to believe thatifhey are doing to open it up for discussion. So I w ill withdraw it and let
what they did before, and therefore, again, are' the less easily
us vote.
deceived "as to what is the real significance o f what they are
The PRESID IN G OFFICER. For that very reason the Chair
doing.
/
held it was in order, because it was not a substitute.
Mr. BORAH. Mr. President-----Mr. CLARK E o f Arkansas. I did not catch the Chair's
The PRE SID IN G O FFICER. Does the. Senator from Mis
reason, because it did not strike me that there w as any reason
sissippi yield to the Senator from Idaho?
to catch.
Mr. W ILLIA M S. I do.
/
The PRE SID IN G OFFICER. The reason is this-----Mr. BORAH. I do not see how the example o f Napoleon is
Mr. CLARKE o f Arkansas. The Chair had thought all those
wxaetJy in point. I f I remember correctly he was elected for
only one term, and he was limited by the Constitution or the things, but I could not keep up with the train o f thought by
laws o f France to one term. In any event the question o f which lie reached those conclusions.
Mr. McCUMBER.
Mr. President, is it desired that the
Selection never came into his affair. In order to make Na
poleon's usurpation relevant we wtfuld need to provide against amendment be first perfected, or may I be permitted to present
an amendment at this time?
any election.
The PRE SID IN G OFFICER. There is pending the amend
Mr. W ILLIA M S. I do not remember whether the Constitu
tion and laws o f France at that -time limited the consulate to ment o f the Senator from Mississippi [Mr. W i l l i a m s ] , which
he has had returned to him in order that he may m odify it.
one term or not.
Mr. McCUMBER. Mr. President, I presume that the amend
Mr. BORAH. It was limited to 10 years.
Mr. W ILLIA M S. I do not remember about that. O f course ment o f the Senator from Mississippi is intended to be a sub
be was elected to but one term when he was first elected, and stitute for the portion o f the committee amendment, on page 2 ,
between lines 5 and 10, inclusive. I f that is true, then I wish
ne could have been elected to but one term.
2280
CONGRESSIONAL RECORD— SENATE.
to offer a substitute for his amendment: if,,it is not the ease,
I wish to offer an amendment in lieu o f thatfportion o f the com
mittee amendment.
A'
The PRE SID IN G OFFICER. The JS 'air w ill state that the
Senator from .Mississippi has offerc^Uhis amendment and it is
now pending, it is an am endm ent#) an amendment, and there
fore further amendments can par be offered until the amend
ment o f the Senator from Mississippi to the amendment o f the
committee shall have been disposed of.
Mr. McCUMBER. Then* Mr. President, I send to the desk an
amendment in the nature o f a substitute for that portion on
page 2 o f the commi|p|e amendment between lines 4 and 10,
inclusive, and ask t|int thq amendment to the amendment may
be read and printed.
The PRE SID IN G OFFICER. .. The Secretary will state the
amendment toMhe amendment proposed by the Senator from
North Dakota".
The S e c r e t a r y . In lieu o f the amendment reported by the
committee, on page 2, lines 4 to 10, inclusive, it is proposed to
insert the follow ing:
The executive power shall be vested in a President of the United
States of America. The term of office of President shall he for four
yea rs; and no person shall be eligible for more than two terms, and no
person who has served as President by succession, under the Constitu
tion and laws made in pursuance thereof, for the major fraction of one
term, shall he eligible to hold more than one full term thereafter;
The PRESID IN G OFFICER. The amendment w ill be printed
and lie on the table.
Mr. OWEN. I offer an amendment which I shall propose
to-morrow to the joint resolution, and I ask that it be read
^and printed.
*%e PRESID ING OFFICER. The Secretary will state the
proposed amendment.
The S e c r e t a r y . On page 2, line 12, after the word “ be,” it
is proposed to strike out “ elected as follow s ” and in sert:
January 30.
been compelled already to leave the Chamber, and I should v
>
like to see a vote taken upon any important amendment to-nDm
Mr. GALLINGER. I f the Senatfbr w ill permit me, manifest]
a vote can not be had to-night, apfl I think the Senator will y
let
wisely if he does not undertake t<i press the matter, Ther
’e IVill
probably be a good deal o f debate yet.
Mr. ROOT. ill*. President----- f
The PRESID IN G OFFICER, i Does the Senator from Rm,
yield to the Senator from New fo r k ?
' 10
Mr. BORAH. I yield to the Senator from New York.
Mr. ROOT. I have endeavofed to perfect the amendment
which I gave notice a few moments ago, and I w ill ask that H
be read and printed in its presfcnt form.
1
^
The PRESID ING OFFICER. W ithout objection, the Seer
tary w ill read the proposed amendment.
The Secretary read as f o l i o s :
On page 2, lines 8 and 0, stride out the words “ under the Const!*
tion and laws made in pursuanca thereof” and insert in lieu thereof <i
words “ after the 4th day of Match, 1917,” so that the joint resolnH e
will read as fo llo w s:
7
utl°a
“ The executive power shall pc vested in n President of the iTni+
States of America. The te rm lof the office of President shall l>
e
yea rs ; and no person who has $held the office by election, or discliareJ
its powers or duties, or acted is President after the 4th day of Mawo,
1917, shall be eligible to againthold the office by election.
' 1*
1
“ The President, together wifh a Vice President, chosen for the sa
me
term, shall be elected as follows.”
The PRESID ING OFFICER.
The proposed amendment win
be printed and lie on the table.
Mr. HITCHCOCK. Mr. p resid en t-----The PRESID IN G OFFICER. Does the Senator from Idii,
desire to retain the floor?.?
110
Mr. BORAH. I was simply going to ask at what time th
Senator from Iow a is going to move a recess?
le
Mr. CUMMINS. I intend just now to ascertain, if i 0
the sense o f the Senate w Sh regard to fixing an hour to-morrow
Nominated and elected by the direct vote of the legal voters of the
States. The vote of each State shall be certified by the governor of the to vote upon the amendments that have been or may h
I have no desir
State to the President of the United States Senate and, estimated upon offered, and upon the join t resolution itself.
the basis that the vote of each State shall be equal to the whole num whatever to press the matter to a determination until we shall
ber of Senators and Representatives to which such State may be
...... . ..... pro have finished the debate;-but I do know that we ought to reach
entitled in the Congress, shall be counted and declared as by law P |
vided.
Congress shall ’immediately provide by law the method and Jlh end o f it ill a reasonable time, so that we may proceed to
means for the direct nominations herein provided.
other business. In order to test it, therefore, and without uuv
The PRESID ING OFFICER. The amendment w ill be printed*^Thought o f bringing the debate to a hasty conclusion, I
■
«sk
and lie on the table.
unanimous consent that n vote upon the joint resolution and all
f Mr\ W ILLIAM S. I wish to modify my amendment—perhaps amendments offered, or to he offered, may be taken at 5 o’clock
unaniffious consent is necessary to enable me to do so—by to-morrow afternoon without further debate.
inserting the follow ing instead o f the original caption :
The PRE SID IN G OFFICER. Is there objection to the ro.
In lieu &f so much of the committee amendment, as is contained in quest o f the Senator frtmi Iow a?
lines 4, 5, (S 7, 8, 9, and 10, on page 2, insert the following.
*
Mr. BORAH. Mr. President, a point o f order.
The PRESID IN G OFFICER. W ithout objection, the Sen
The PRE SID IN G OFFICER. The Senator from Idaho will
ator may m M ify his proposed amendment as indicated. The state his point o f order.
Chair hears ifc objection. The Secretary w ill state the amend
Mr. BORAH. I should like to know, once for all, if I Can
ment o f the SoYator from Mississippi as modified.
whether or not that would be a violation o f the unanimous-con
The Secretary^ read as fo llo w s:
sent agreement which we have entered into?
In lieu of so much of the committee amendment as is contained in
The PRESIDING|OFFICER. The unanimous-consent agree
lines 4, 5, 6, 7, 8, % and 10, on page 2, as amended, insert the fol
ment was to vote upon “ the legislative day,” which may run to
lowing :
v
any calendar day. O f course, this is not a point o f order------.
“ The Executive po&er shall be vested in a,- President of the United
States of America. The term of the office of President shall he four
Mr. BORAH. When we change that and fix a certain hour, is
years. He shall be reelfgible for one additional term of four years, and
not thereafter reeligihle g t any time. No person who shall hereafter not that a modification o f the unanimous-consent agreement?’
Mr. ROOT. Not if the hour is fixed not later than 5 o ’clock
hold the office or discharge its powers or duties, or act as President
by succession for any fraction of a term under the Constitution and
Mr. CUMMINS^- I intended to be understood as asking that
laws made in pursuance thereof shall he reeligible beyond such a frac
the hour be fixed at not later than 5 o’clock. I do not want
tion of a term and for one term by election.
“ The President, together with a Vice President chosen for the same to make the r e q ^ s t if it is in the slightest degree an infringe
term, shall be elected as fo llo w V ’
ment o f the unanimous-consent agreement, nor do I press it
The PRE SID IN G O F F IC l^ l. The question is on agreeing to against the desife o f any Senator. I w ill not even compel him
the amendment to the amendment.
to make a formal objection. I f he w ill indicate to me that it
Mr. W ILLIAM S. Mr. President, if I can get the consent of is not agreeable to him, I w ill not make the request.
the Senate—I suppose it w ou l^ reqn ire unanimous consent—I
The PRESID IN G O FFICER. In the opinion o f the Chair,
think this matter is o f such importance that I would rather it would not; violate the unanimous-consent agreement, but
not have the vote taken now, w ith Hie present attendance in the that is not a question on which the Chair can rule.
Senate. I f I can get the consent oEMhe Senate, I w ill ask that
Mr. BRISTO W . Mr. President, I think it would he a viola,
the vote on the amendment be ta k % at the conclusion o f the tion o f the.' unanimous-consent agreement. W hen unanimous
vote upon the committee amendment when there w ill be a consent w as requested, I think the Senator w ill remember that
fuller attendance. ,■/
\
I myself suggested that it be made “ the legislative day.”
Mr. GALLINGER. Mr. President, t \ that end the Senator I had in mind the fact that there would then be no limitation
had better withdraw his amendment for 'the present and hold it o f the debate on the amendments that might be offered. I ^-as
in abeyance. I think the Senator w ill bdLacting wisely to put called ou t o f the Chamber for a few moments, and this request
the matter in that form.
for unanimous consent might have been granted, and that w ould
Mr. W ILLIAM S. Very well, I will withdraw it for the have changed the whole purpose o f the original unanimous-con
present; and I give notice that after the Senate committee sent agreement if I had not accidentally come in, unless there
amendment has been disposed o f I w ill offer it.
had been some other Senator to object. W hile I do not want
Mr. BORAH. I desire to ask the Senator in charge o f the this matter to run on to any unusual time, I do not want the
join t resolution if it is his purpose to close the matter before a debate curtailed.
recess is taken?
Mr. SUTHERLAND
Mr. President, if the Senator will perMr. CUMMINS. I suppose that I am in a sense in charge o f mit me-----the joint resolution. I do not intend to ask for a vote to-night
Mr. CUMMINS. Yes.
unless the Senate should so require; I do not think to do so
Mr. SUTHERLAND. The Senate has repeatedly done tliis
would be entirely fair. A great many Senators, as I know, have very thing. I call the attention o f the Senate to the fact that
.
1913
CONGRESSIONAL RECORD— SENATE.
fi'om New York on the material point. I f we are going to
exempt these three gentlemen from the operation o f this con
stitutional amendment, it stands to reason that Mr. Wilson
ivill he able to hold the office continuously fo r 30 years. It
does not make any difference how you bring it about; but if
you do not allow the 7 years o f Mr. Roosevelt and .the 4
years o f Mr. T aft and the 4 years o f Mr. Wilson to count
against them, Mr. Wilson will be in a position wlierQSlie can
have the Presidency, if lie can get renominated and Jeelected,
for lo consecutive years.
It seems to me it is a contradiction o f all that this resolu
tion seeks to accomplish to start it with a provision o f that
hind. I f the principle is worth anything, surely it is a prin
ciple that ought to he applied without embodying in the Con
stitution a temporary personality.
Mr. W ILLIA M S. Mr. President, I differ with the Senator
"from Massachusetts in this respect: The essential thing that
is aimed at is not to fix any particular number o f years after
which the President shall be ineligible for reelection. The prin
ciple is one altogether independent o f a term o f 4 years, or 6
years, or S years, or 10 years. The principle is to fix a defi
nite termination to the present condition o f the possibility of
indefinite tenure, which might lead to perpetual tenure, or to
life tenure.
If this resolution itself recited that the presidential term
should be 1 0 years, and that after that time nobody should be reeligible. the principle would be saved. The principle would be
saved, too. provided you fix a limit beyond which he shall not
be reelected, beyond which it will be.treason to the Republic
t() attempt to be reelected.
Mr. LODGE. it seems to me the length o f term is a very
essential point.
Mr. W ILLIAM S. I think it is essential, too; but I mean it
a minor matter. The main thing is to make it impossible
f°r a President indefinitely to succeed himself.
Mr. LODGE. But it does not seem to me that we ought to
start with creating such an inequality that one man may have
’ be Presidency for 13 years with a gap between, another may
have it for 1 0 years with a gap between, another may have it
tor lo consecutive years, and no other American citizen at any
time is ever to hold it for more than 0 years. It seems to me,
we start with an inequality if we attempt to do anything o f that
1'iml.
i f this principle is sound— I do not believe in it myself—
it ought to be equally applied to all.
Mr. W ILLIAM S. Mr. President, this principle is equally ap
plied to all. We are chahging the Constitution. Under the
Constitution now a man 'may he elected as long as he lives,
provided he can get enough votes for each term. We are proriding for a condition o f things to begin upon a certain date,
;'nd after that date everybody will stand upon an absolute
‘ “quality o f footing. The fact that something may have liapbened prior to Unit time whereby one has enjoyed the presi
dential office for a longer term than another argues no inequal
ity at all. The Senator from Massachusetts and 1 have never
been President to-day, so far as that is concerned. One o f these
iRen lias been President seven years, another has been President
four years, and if some other ex-President were living he would
have been President eight years. But as this is a law to take
‘ ‘fleet in the future, and as it is made for the future, it would
'•° a violation o f every principle o f sound legislation to make if
retroactive, so as to visit with a penalty a citizen o f the United
States who ought to stand upon an equality with ail others, for
Do better reason than that in the past the people o f the United
* , ates had honored him with the Presidency.
s
This is not legislation for the present; it is not legislation for
fbe p a st; it is legislation for the future. All the equality you
c-an demand is that after the law goes into operation if shall
‘ •Derate with absolute equality upon all citizens o f the l nited
States.
Mr. RORAII. The Senator states a correct principle, it seems
m e; but this amendment changes that principle.
Mr. LODGE. It does.
Mr. BORAH. The principle the Senator states is one tb it
Is now embodied in the original resolution, and i f it is ratifus
will operate as against all persons. But the ameudmen
which is offered excepts some three individuals from it
“ Deration.
Mr. W ILLIA M S. Oh. no.
Mr. BORAII. Y es; it does. I think, upon reflection, the Sen•itor w ill agree with me that it does, because there are only
tlll’ee individuals to whom the exception can possibly apply.
Mr. W ILLIA M S. This resolution simply says that after a
Certain date nobody who is elected President for a term o f six
• ears shall lie reeligible. It may he true that there w ill be
v
Ub’oc individuals in the United States who will stand upon a
2349
different footing from the balance o f (lie people o f the United
States, owing to past service. But as far as the operation o f
this law is concerned, the amendment o f the Senator from
New York fixing a date at which it shall take effect, and it
having no operation until that date, it bears upon all with abso
lute equality. It would he just as unfair to m akedliis legisla
tion retroactive—and the Constitution is nothing but funda
mental and organic legislation— as it would to violate the
principle in all other cases where you are legislating. It is
generally admitted that except under very peculiar circum
stances legislation ought not to he retroactive. On the contutry, if you do not adopt the amendment of/tlie Senator from
New York you will he making an exception 'against three men.
You are saying that they shall he the only/tliree people in the
United States who after lids law begins-fo go into ojieration
shall
be operated upon equally by it. You are penalizing
them for something that took place in the past before it became
legislation.
Now, tflat is not all. One more wo&l and I shall quit. It
will be found that the men who are opposed to the main proposi
tion— the general, fundamental proportion o f putting an end to
indefinite tenure in the p resid en tial office—are also the men
who are opposed to the amendment Offered by (he Senator from
New York. I am not questioningUmen's motives; I am ju st
reciting now what might possibly bjmi motive. I f a man wanted
to defeat the general amendment, then he could not go about it
in a better way than to array jylvery large part o f the people
o f the United State? against ig 5 and, when it was being sub
mitted to the States, Bkgo to tlw poeple and sa y: “ These people
say in their high political mannw that they were asserting a high
fundamental principle, but tlidt are after one man’s scalp; they
are persecuting this m anAkH#received something over 2 ,0 0 0 ,0 0 0
votes from the American people, and they are trying now to
render him ineligible to thdfsITesidency.” That would he done
at once. Although it may net he the actual motive o f those who
are opposing the main proposition, it could possibly be the
motive o f anybody who wanted to defeat the main proposition.
Now, we are sensible jpen. I f we tire in favor o f the main
proposition, we want it,gratified by the States. It will not he
ratified if anybody canjraise a persecution cry and say that it
is directed at one particular man, and we who are in favor
o f the main prop ositi® would he fooftjjh to let it go out to the
country handicapped i n that manner.
Not only is it wrfing that legishitiohVhould he retroactive,
but it is unwise that those who want it parsed should handicap
themselves with active, aggressive antagonism on personal
grounds o f a great number o f people; not the whole 2 ,0 0 0 ,0 0 0 ,
o f course, but a great share o f them ; as ipany o f them as
could ho stirred lip to look at the matter from that standpoint.
That is not alb They not only would say it, but it. would he
very hard to nfeply to it, because if the amendment o f the
Senator from New York is defeated now, after it ikid been ex
plained that 1 lie purpose o f it is to keep it from berkg directed
personally at the ambition o f this particular gentiemffjj, who is
the idol o f af great many o f the American people— i f (lien it
should he v<)fed down and the proposition should he kei^t in its
original condition, so that that particular man would hp in
eligible, there would he no answer, there would he no possible
reply when they say that you singled him out and shot at him.
You knew, or you thought, that he might he elected President.
You hated him, and therefore you incapacitated him constitu
tionally. I do not want him to die believing that lie could have
been elected President o f the United States if he had not been
prevented by a constitutional amendment. I want him to run
again ; I want him to run twice more if he wants to, and to he
beaten both times, and then lie will probably be satisfied. But
when I fight men I fight them fairly. I would not take ad
vantage o f a man by making a provision retroactive so as to
im from having a free field and a fair opportunity.
Mr. BO RAH obtained the floor.
Mr. OWEN. I will ask permission o f the Senator from Idaho
to submit a couple o f memorials which I bad no opportunity of
presenting before. One is from the Legislature o f the State o f
Oklahoma memorializing Congress to pass a law providing for
the election o f the Federal district judges. I ask that it be
printed in the R ecord .
w j
Mr. LODGE. I make the point o f order that under' fRe
nanimous-eonsent agreement no business is in order.
The PRESID EN T pro tempore. The Senator from Massa
chusetts repeats the point o f order made at an earlier hour,
which was sustained rV the Chair, and the memorials can not
y
now be received.
Mr. HITCHCOCK. W ill the Sena’fJVr froyi Idaho yield to me
to permit me to change the form o f the itmbndiugnh which I
proposed to the amendment offered by tlie Senator from New
2350
CONGEESSIONAL RECORD— SEXATE.
Jaxuahy
Paynter
Lodge
/S m i t h , Ariz
York to conform to the decision o f the Chair that I slioi/d Guggenheim
MeCumber
Peurose
Ileiskell
/ kmoot
offer it in the shape o f an amendment instead o f a substiti/e
McLean
Percy
Hitchcock
Stephenson
Martinc, N. J.
Perkins
I also offer it in this form for the purpose o f conforming to .Tackson
Sutherland
Perky
Myers
Swanson
the suggestion made by the Senator from Iowa. I ask th ft it Johnson, Me.
Nelson
Poindexter
Johnston, Ala.
Thomas
be read as it w ill read after these amendments.
Newlands
P oilier one
Jones
Thornton
Oliver
Richardson
The PRE SID EN T pro tempore. The Senator from Nebraska Kenyon
Townsend
Overman
Sanders
Kern
\Votmore
modifies the proposed amendment to the amendment offered by La Folletto
Owen
Shively
Williams
Simmons
the Senator from New York. It w ill be read as modified.
Lippitt
Page
Works
The Secretary. In line 0, page 2, after the word “ Pre'
Mr. KERN. I again announce the unavoidable absence of
dent ” -----Senator from South Carolina [Mr. S m ith ] on account of
Mr. HITCHCOCK. N o ; I have modified the R oot amend ness. I make the announcement to stand for to-day.
ment as printed. The modification should appear on line 5,
The PRESID EN T pro hfinpore. On the call of* the ron
after the word “ President.”
Senators have answered / their names. A quorum o f the
The Secretary. After the word “ President,” in line 5 o f ate is present.
/
the amendment proposed by the Senator from New York, insert
Mr. SWANSON. I /lo u ld like to ask the Senator fr om j
“ for two years or more.”
wliy in this am end m /it which has been submitted by the 0 'Va
°
Mr. H I T C H C O C K . This is for the double purpose o f meet mittee he has lim ijpa it, making it read “ again to hold th*'
ing the objection urged by the Senator from Idaho. To permit office by election.’/ It seems to me making the limitation pr
a V ic e President to run for election as President after he election p r e clu d e /a President from succeeding himself by i V
might have served for five years as President would be con votes o f the people, but would permit him to run fo r Vice i>reV
trary to the spirit o f this amendment. It also conforms to the dent and obtain the office by succession, or lie could bo Secretary
suggestion made by the Senator from Iow a and still retains o f State a n d /b ta in it by succession.
most o f the verbiage o f Senator R oot’s amendment. I f the
Mr. CUMMINS. Precisely.
amendment is adopted in this form it w ill not exclude President
Mr. SW jN S O N . It appears to me if we are going to have
Taft, nor ex-President Roosevelt, nor President Elect Wilson simply 01/ term for President and prevent all scheming aud'
from reelection, nor would it exclude from election a Vice let his ambition be satisfied and fulfilled, we ought to strike
President who had acted as President for less than two years. out thaTerm “ by election,” and let it be understood there win
Mr. BORAH. May I ask the Secretary to read the amend be distinctly but one term. I f the words “ by election ” are m
ment as now proposed.
it segin to me, as we are preparing for the fa r future, an abl&
The PRESID EN T pro tempore. The amendment will be schilling, ambitious man could be President, and if he had the
reported as it would read if the amendment o f the Senator from Y t m power that it is suggested he would acquire he could have
Nebraska should be agreed to.
a/dummy elected President and himself Vice President.
The S ecret a r y . The Senator from New York proposes to I ’ Under this constitutional amendment that dummy could resign
strike out the words “ under the Constitution and laws made 1 and the Vice President, who had previously been the President’
in nnrc:nnn/>a thereof,” after the word “ Wi-ncj/ionf ” -and ito I w o u ],2 succeed to the Presidency. A t the end o f the six years
President,” . m i n
• pursuance Umronf ” nfiov tim
„
insert the words “ for two years or more,” so that if amended he could have another election o f that kind. He could have an
it will read:
other man run for President and he himself run for \ ice Presi.
The executive power shall be vested iu a President of the Hinted dent, and then he could have the man chosen as President re
States of America. The term of the office of President shall ;f»e six sign. Under such a constitutional amendment as that which iH
years, and no person who has held the office by election or discharged
Mexico
its powers or duties, or acted as President for two years or mere after proposed here Diaz could perpetuate himself in office in Mevi ‘
the 4th day of March, 1917, shall be eligible to hold agaiujffhe office during his entire life.
by election.
It seems to me, if we are preparing for the future and g0,
Mr. BORAH. Mr. President, as I understand that amend ing to have one term for President, w e should limit the tenure
ment now, instead o f extending the term o f the present Presi to one term both by election and by succession; and it seeing
dent, for instance, to 1 0 years, it extends it to 1 2 ..
to me, in order to accomplish this purpose, the words “ by elec
Mr. HITCHCOCK. I should like to have the Senator explain tion ” should be stricken out. I should therefore like to know
how he reaches that conclusion.
3
from the Senator from Iow a why it is that he uses the language
Mr. BORAH. O f course I have only listened, to the reading “ to succeed himself bv election ” ? W hy does he not prohibit it
by election
o f it, but i f the term o f office o f the President should be six otherwise?
years, aud no person who has held the office by election or
Mr. CUMMINS. The reason was because we were not .suffi
discharged its powers or duties or acted -as President for two ciently imaginative even to conceive o f such a situation as that
years or more after the 4th day o f March Jt917— perhaps I am in described by tlie Senator from Virginia. I can not conceive of
error as I have only listened to the V en din g and have not a dummy being elected President and then resigning in order
to allow a Vice President to enter the succession.
examined it.
J?
Mr. CUMMINS. It is quite evictcut'the two years ought not
Mr. SWANSON. W hat I should like to ask the Senator is
to come in ju st at that point. I Jnink if the Senator from Could that be done under this proposed amendment?
Nebraska w ill examine it he w ill ...find it ought to be inserted
Mr. CUMMINS. The persons who are ineligible are ineligible
somewhere else.
$'
only to election, and, o f course, if a person who had been Presi
Mr. HITCHCOCK. I was endeavoring to conform to the dent were elected Vice President and the President should die
suggestion o f the Senator frjjtn Iowa. I would ask where or resign, there is nothing in this proposed amendment to pre
I should place it.
jr
vent the succession o f the Vice President; or i f a person who
Mr. CUMMINS. It is qualifying there the time at which this had been elected President and had held the office were there
after made Secretary o f State, and the President and Vice Presi
amendment goes into effect i f it should be ratified.
Mr. BORAH. I f you would make it 1919 instead o f 1917------ - dent should both die, there is nothing in this amendment to pre
Mr. CUMMINS. W hat,!lie Senator from Nebraska means is vent that Secretary o f State from succeeding to the office of
to say that neither the Vice President nor one who comes in President.
by succession shall be ineligible at all, unless he held the office
Mr. SWANSON. Does the Senator from Iow a see any objec
fo r two years.
/
tion to the words “ by election ” being stricken out and limiting
Mr. BORAH. I presume that is precisely what the Senator the tenure to one term?
means, but I do not,fliink his language covers it.
Mr. CUMMINS. I do see some objection to it. W e do not in
Mr. CUMMINS. I think not either. I think he w ill have to the joint resolution propose to make the Vice President ineligi
readjust it in som 6 way.
ble for reelection; we are dealing w ith the office o f President
Mr. BORAH. I f the amendment is to be left as it is now alone. I do not see why, for instance, a Secretary o f State who
offered, I shall; not make any further remarks upon it.
had succeeded for, say, 30 days to the office o f President should
Mr. JONES, W hile Senators are fixing up the amendment I not at some future time succeed if all the circumstances com
w ill suggest .the absence o f a quorum.
bined that bring in a Secretary o f State. I think it would
The PRESID EN T pro tempore. The Senator from Washing render ineligible persons who are not within the principle of
the joint resolution.
ton suggests the absence of a quorum. The roll w ill be caMed.
Mr. SWANSON. I f the words “ by election ” were stricken
The Secretary called the roll, aud the follow ing Senator^ anout, it would not render ineligible anyone except a person who
\ swered to their nam es:
bad previously held the office o f President.
\ Ashurst
Dixon
Bryan
Clapp
M ’ ankheacl
.
Mr. CUMMINS. That is all.
Burnham
du Pont
Clark, Wyo.
Borah
Fletcher
Burton
Clarke, Ark.
Mr. SWANSON. Mr. President, while there might be no
Bourne
Catron
Gallinger
Cullorn
trouble ever arise, I think, if we are going to settle the tenure of
Bradley
Chamberlain
Cummins
Gamble
Brandegcc
Chilton
Dillingham
Gronna
the office o f President so as to restrict it to one term, it ought
1913
CONGRESSIONAL RECORD— SENATE
proposed that the term of the office o f President shall be for
fou r years and that no one should hold the office for more than
one additional term.
The idea in making this a six-year term is that there shall
be but one term. I f we allow two terms, as is suggested by
the amendment referred to, it w ill be proper to have only a
four-year term.
W e seem to have lost sight o f one important fact in this
discussion, which is that one o f the most baleful influences in
the election o f Presidents is that o f a President choosing his
successor. I think it is just as dangerous as for a President
to undertake to succeed himself. W e have had a concrete
example o f that sort o f thing very recently. There has never
been an administration so paralyzed as the one we have just
had by the effort to carry out a certain line o f policies, not by
a man succeeding himself, but by a man choosing his successor
to do so. It was necessarily more or less o f a failure on this
account.
I do not think we should lose sight o f this for a minute, be
cause it is just as dangerous as the other.
I think the whole amendment is a mistake, in fact. I think
it would be better to go back to the original plan we have
follow ed all the while. I f anything, w e should simply add the
provision that there should not be more than two terms, in
order to avoid the ancient fear that we might have a man per
petuate himself in office indefinitely.
Mr. BRANDEGEE. Mr. President, I should like to ask the
Senator from Iowa whether the language o f the resolution as
reported by the committee, stating that the term o f the office o f
President shall be six years, does affect or was intended to affect
the term o f office o f the next President to be inaugurated?
Mr. CUMMINS. I can not answer the Senator from Con
necticut. He is a member o f the committee, and knows its pur
pose as well as I. As I remember, that inquiry was. not made.
I think probably it was not present in the minds o f the mem
bers o f the committee.
Mr. BRANDEGEE. I do not remember whether or not the
matter was discussed at the time the resolution was before the
committee, and it occurred to me as I was looking at the print
o f the bill here. I do not, myself, see why it would not,
although o f course the President elect was elected at a time
when the Constitution provided that the term o f office should
be for fou r years. But say one or two years hence, if this
amendment should take effect, the Constitution would then pro
vide that the term o f the office which he would hold should be
six years. I was not clear in my own mind whether it w as the
intention o f the Senators, or o f the proposed resolution, that
that should be accomplished.
Mr. CUMMINS. I do not think there is any intention about
it. I do not remember that the matter was under discussion.
I believe that if the amendment were adopted and ratified by
the States prior to the expiration o f the coming term, it would
extend the term, and o f course would render the incumbent
ineligible for reelection.
Air. BRANDEGEE. I am inclined to agree with the Senator
on that.
Mr. BR ISTO W . Mr. President, I understand the amendment
now before the Senate is that offered by the Senator from
Nebraska [Mr. H i t c h c o c k ].
The PRE SID EN T pro tempore. The Chair has ruled that it
is in order.
Mr. CUMMINS. As an amendment to the amendment offered
b y the Senator from New York [Air. R o o t ] .
Air. BRISTO W . I thought the Senator from New York ac
cepted that amendment.
The PRE SID EN T pro tempore. The Senator can not accept
an amendment. It is for the Senate to decide that question.
The question is upon the amendment submitted by the Senator
from Nebraska [Air. H i t c h c o c k ] to the amendment.
Air. HITCHCOCK. I suggest the absence o f a quorum.
The PRE SID EN T pro tempore. The Senator from Nebras
suggests the absence o f a quorum, and the roll will be cal
The Secretary called the roll, and the follow ing Sent
answered to their names
Smith, Ariz.
McCumber
Cullom
Asliurst
Bankliead
Borah
Bourne
Bradley
Brandegee
Bristow
Brown
Bryan
Burton
Catron
Chamberlain
Clapp
Clark, Wyo.
Clarke, Ark.
Crawford
Cummins
Dillingham
Dixon
du Pont
Gallinger
Gamble
Gronna
Guggenheim
Hitchcock
Jackson
Johnson
Johnston, Ala.
Jones
Kenyon
La Follette
McLean
Martine
Myers
Oliver
Overmap
Page
Paynter
Penrose
Percy
Perkins
Perky
Poindexter
Richardson
Sanders
Simmons
Smith, Ga.
Smith, Md.
Smoot
Stephenson
Sutherland
Swanson
Thomas
Thornton
Townsend
Wetmore
Williams
Works
s
2353
The PRESID EN T pro tempore. Sixty-three Senators have
answered to their names. A quorum o f the Senate is present.
Air. AIcCUAIBER. Air. President, I do not intend at this
time to discuss the question, but only to express my view upon
this amendment. I have an amendment pending, which I am
going to ask he substituted at the proper time. I only want
to say that I am unutterably opposed to making a distinction
between American citizens now living or those who may live
in the future. I shall vote against this amendment, because
I want every citizen to be placed exactly upon the same grounds,
wdth the same rights to hold an official position. I f this is car
ried into the proposition, in the end I shall be forced to vote
against the amendment entirely.
Air. THORNTON. Air. President, with the principle em
bodied in the original join t resolution o f the Senator from
California [Mr. W o b k s ] I can find no fault, because I believe
the principle is sound. I have more than once during the last
fou r or five years expressed m yself to that effect and I have
not changed my opinion on it. O f late, however, I have been
doubtful as to whether that amendment in its form, as pre
sented by the Senator from California, could pass this b od y;
and the result o f the discussion yesterday in the Senate satis
fied me that there is such a division o f opinion among Senators
on that subject that it could not be passed.
I believe that there is a possibility, if not a probability o f the
joint resolution as proposed to be amended by the Senator from
New York [Air. R o o t ] and the Senator from Nebraska [Air.
H i t c h c o c k ] passing this body, and therefore I shall vote for
that amendment. It is true that if the amendment passes and
is ratified, we may possibly not begin to receive the benefits
we hope to receive from it for 1 0 years to come, but after that
time the benefits w ill be continuous and permanent.
In so far as the amendment o f the Senator from Nebraska
is concerned, which I understood to have been accepted by the
Senator from New York, I believe that it should be adopted. I
think it should be adopted in the interest o f fairness, or if not
that, fo r the fear o f possible injustice. The danger that may
arise from its adoption, the possibility o f one person holding
too long a term, is entirely problematical. It may possibly
never arise at a ll; but even if it should, I think we can better
afford to adopt that which w ill work no injustice than to leave
it out, when its being left out may operate as a very serious
injustice to some o f the citizens o f this country.
Holding these views, I shall vote for the join t resolution as
amended, with the hope that it w ill pass the Senate and be
ratified in due time by the requisite number o f States.
Air. HITCHCOCK. I should like to inquire whether I can not
at this time m odify the amendment which I have proposed.
The PRE SID EN T pro tempore. The Senator from Nebraska
can make such modification as he pleases.
Air. HITCHCOCK. Then, in conform ity to the suggestion o f
the Senator from Iowa, I desire to insert in the amendment
o f the Senator from New York, in line 4, after the word “ elec
tion,” the words “ after the 4th day o f March, 1917,” and allow
the other offer o f amendment to stand as applied to line 4. Can
the Secretary read the proposed amendment as it would then
read?
The S e c r e t a r y . After the w ord " election,” in line 7, In the
original joint resolution-----Air. HITCHCOCK. I am amending the amendment o f the
Senator from New York, in line 4, after the word “ election,”
by inserting the words “ after the 4th day o f March, 1917.”
The PRE SID EN T pro tempore. The Chair will call the at
tention o f the Senator to the fact that the part he proposes to
amend is the text o f the original committee amendment, but
the Senator can move it as an amendment to the text o f the
cojumittee amendment.
Air. HITCHCOCK. So it will read as follow s:
The executive power shall he vested in a President of (he United
States of America.
The term of the office of President shall be six
years, and no person who has held the office by election after the 4tli
day of March. 1917, or discharged its powers or duties, or acted as
President for two years or more after the 4th day of March 1917
shall be eligible to again hold the office by election.
I think that meets the objections o f the Senator from Idaho,
which I think were hardly warranted. It conform s to the-'
views o f the Senator from Iowa, and it leaves the amendment
as I offered it in full force as fa r as its intent is concerned.
Air. OLIVER. I call the attention o f the Senator from
Nebraska to the fact that he has again restored the split in
finitive.
Air. HITCHCOCK. I w ill ask the Secretary to correct that.
I w ill say to the Senator that w as ndt my error; i t was because
I took the text o f the amendment o f the Senator from New
York.
Air. OLIVER. I know that the amendment o f the Senator
from New York perpetuated it.
CONGRESSIONAL RECORD— SENATE.
January
31 ,
Mr. HITCHCOCK. Tlic amendment I offered did not have
The PRESID EN T pro tempore (when Mr. Galltnger’s nam
the split infinitive.
was called). The present occupant o f the chair is paired with
Mr. TOWNSEND. Mr. President, I do not propose to detain the junior Senator from New York [Mr. O'Gorman].
ineinothe Senate further than to express briefly the reasons which random o f that Senator reads as fo llo w s :
induce me to oppose the proposed joint resolution. I do not be
I will vote for a single term of four or six ye a rs; on all other propo
lieve there is any demand fo r an amendment to the Constitu sitions “ nay.”
tion changing the tenure o f the President. I do not believe
So the Chair feels at liberty to vote “ nay.”
there is any need for such an amendment in order to secure the
Mr. L IP P IT T (when his name w as called ). I have a general
best possible results under popular Government. I say I do pair with the senior Senator from Tennessee [Mr. L ea ]. j u
not believe there is any popular demand for such legislation, his absence, I withhold my vote.
because I have heard o f none. I recognize, o f course, that there
Mr. PAYNTER (when his name was called). I have a gen
are a great many things presented to the country under the
eral pair with the senior Senator from Colorado [Mr. Guggen
statement that the people are demanding them, when the people
heim ].
I f he were here, I am advised that lie would vote
have not considered them at all. The necessities or apparent
necessities o f politicians sometimes induce them to claim a popu “ nay.” I w ill therefore take the liberty o f voting, i Vote
“nay.”
lar demand for legislation when it does not exist in fact.
Mr. RICHARDSON (when his name was called). I have a
I do not think that any good would be accomplished by the
adoption o f this joint resolution as a remedy for the evils dis general pair with the junior Senator from South Carolina [Mr.
closed by the advocates o f this measure. I have no fear that S m ith ]. In his absence I withhold my vote.
Mr. LODGE (when Mr. R oot’s name w as called). The Sena
the people w ill abandon our Republic for a monarchy by placing
any man in perpetual power. No man has ever been elected tor from New York [Mr. R oot] is absent from the city. He is
President fo r a third time, and I do not believe that the people paired with the junior Senator from Texas [Mr. Johnston].
Mr. TOWNSEND (when the name o f Mr. Smith o f Michigan
will ever give anyone a third term.
As to preventing the abuse o f patronage by a President this was called). In addition to my statement made this morning
that the senior Senator from Michigan [Mr. S m ith ] is neces
measure would be futile. A retiring President could and prob
ably would exercise as much power to secure the nomination sarily absent from the city, I desire to state that he is paired
o f his successor as he would exercise in securing his own w ith the ju n ior Senator from Missouri [Mr. R eed].
Mr. W ILLIA M S (when his name w as called). I w ill inquire
renomination.
Back o f elections and nominations are the
people; they have regulated these matters in the past and they i f the senior Senator from Pennsylvania [Mr. Penrose] bas
voted.
will continue to do so in the future. It is proposed that we
The PRESIDEN T pro tempore. That Senator has not voted.
shall amend the Constitution now through the State legis
Mr. W ILLIAM S. I have a pair with the senior Senator froni
latures. It is proposed to make it a little more difficult by this
amendment for the people to exercise their w ill hereafter, but, Pennsylvania. I transfer that pair to the junior Senator from
nevertheless, they could do it. In this day and age, when popu Arkansas [Mr. H eiskell] and w ill vote. I vote “ yea.”
The roll call was concluded.
lar opinion is demanding that it shall be easier for the people
Mr. DILLINGHAM . I have a general pair with the senior
to control their own Government, I am not in favor o f placing
any .obstacles in their way. I repeat, I do not believe that any Senator from South Carolina [Mr. T illman ], which in his
good can come from this measure. I can see that possible ill absence I transfer to the senior Senator from New M exico [Mr.
F all], I make this transfer for the day. I vote “ nay.”
can come from it.
Mr. LODGE. I desire to announce the pair o f my colleague
I am especially opposed to this particular amendment to the
resolution because it makes exceptions for the benefit o f indi [Mr. Crane] with the Senator from Maine [Mr. Gardner].
Mr. OWEN. I transfer my pair from the senior Senator from
viduals. I know Senators argue with some reason that this is
placing all citizens o f the future in exactly the same position, Kansas [Mr. Curtis] to my colleague [Mr. Gore] and vote, j
but if it is wrong fo r a President while serving to work for vote “ yea.”
Mr. SWANSON. I desire to announce that my colleague
his own renomination, it w ill be just as wrong fo r President
W ilson to do that as it will be fo r the next President to do it, [Mr. Martin ] is paired with the senior Senator from Nebraska
and if this proposition is a good one it should apply to all [Mr. B rown], and that he is detained from the SeflTHe on
A.
men. I f I had voted for any o f these amendments— which I qccount o f sickness.
have not voted for, because I am opposed to the whole propo / The result was announced- -y ea s 27, nays 37, as follow s
sition—I would especially oppose this one.
Y E A S — 27.
It is readily understood that we ought to have no excep Asliurst
Hitchcock
Owen
Smith, Md.
Johnson, Me.
tions to the rule. It is a fact that three gentlemen living in Bryan
Percy
Sutherland
Chamberlain
Kern
Perky
Swanson
the United States who would possibly be affected by this legis Chilton
Martine,-N. J.
Pomerene
Thornton
lation are the only ones to whom this amendment could apply Clarke, Ark.
Myers
Simmons
W illiam s
Oliver
with special force", and I submit that we have no business to Cummins
Smith, Ariz.
Works
Overman
Smith, Ga.
amend our Constitution with the idea o f its affecting some par Fletcher
ticular individual. It should be absolutely general in its state
N AYS— 37.
ment and uninfluenced by any temporary existing condition.
Bankhead
Clark. W yo.
Jones
Poindexter
Kenyon
Crawford
Sanders
It is for these reasons, Mr. President, and others which I aih Borah
Cullonr
La Follette
Smoot
not going to stop to mention now, but which have been sub Bourne
Bradley
Dillingham
Lodge
Stephenson
mitted by other Senators much better than I can state them, Brandegee
Dixon
McCumber
Thomas
j
McLean
Gallinger
Townsend i
that I propose to vote not only against the pending amendment, Bristow
Nelson
Burnham
Gamble
Wetmore /
but against all amendments, and finally against the joint resolu- Burton
Gronna
Page
-tion itself.
§ j Catron
>
Jackson
Pay liter
Johnston, Ala.
Perkins
The PRE SID EN T pro tempore. The question is upon the [Clapp
amendment to the amendment, which w ill be stated.
NOT VOTING— 31.
The Secretary. In the amendment proposed by the commit-' feacon
Shively /
Foster
Martin, Va.
tee, page 2, line 7, after the w ord “ election,” insert the w ords
Briggs
Gardner Massey
Smith, /rich.
Newlands
Smith JS. c.
Gore
“ after the 4th day o f March, 1917,” and in line 8 , after the grown
O'Gorman
S to n e /
Guggenheim
Erane
kword “ President,” insert the words “ for two years or more.”
Heiskell
Penrose
Tillnrm
Culberson
*VM r. PO IND EXTER. On that I ask for the yeas and nays.
Reed
Johnston, Tex.
Warren
Curtis
Richardson
Watson
Lea
The yeas and nays were ordered, and the Secretary proceeded du Pont
Root
Lippitt
Fall
to call the roll.
Mr. BROW N (when his name was called). I have a general
So Mr. H itchcock’s amendment to the amendment was re
pair to-day with the senior Senator from Virginia [Mr. Mar jected.
t in ].
I therefore withhold my vote.
The PRESID EN T pro tem p ore’ The question recurs on the
Mr. CLARK of Wyoming (when his name was called). I amendment submitted by the Senator from New York [Mr.
have a general pair with the senior Senator from Missouri [Mr. Root], which w ill be stated.
Stone]. I transfer that pair to the junior Senator from Nevada
The Secretary. On page 2, in the proposed amendment of
the committee, lines S and 9, strike out the words “ under the
[M r. Massey ] and vote “ nay.”
Mr. DU PONT (when his name was called). I have a gen Constitution and laws made in pursuance thereof ” and in lieu
eral pair with the senior Senator from Texas [Mr. Cultserson], insert a comma and the w ords “ after the 4th day o f March,
As he is not in the Chamber, I w ill withhold my vote. I f I 1917.”
The amendment to the amendment was rejected.
were free to vote, I would vote “ nay.”
CONGRESSIONAL RECORD— SENATE.
1913.
Mr. BORAH. E xactly; and lie usurped his power in viola
tion o f the law. It all comes back to the question whether o
not the people are capable o f determining whom they w ill liav
for President o f the United States, the recall provision bein
embedded in the Constitution so as to necessitate the resubmission o f the question to the people every four years.
Mr. OWEN. Mr. President-----The PRE SID EN T pro tempore.
Does the Senator from
Idaho yield to the Senator from Oklahoma?
Mr. BORAH. Certainly.
Mr. OWEN. I should like to be permitted to call to the at
tention o f the Senator from Idaho the fact that the action o f
the people who voted for Julius Caesar under the safeguard o f
a Pretoriair Guard and the people who voted for Napoleon
Bonaparte as First Consul, when they had no telegraph and no
telephone and no newspapers and no railroads and no general
intelligence, compared with that which is now possessed by
the American people, ought not to be used in this debate as a
basis for our consideration o f the ability o f the people to use
discretion in the exercise o f the suffrage.
Mr. BORAH.
The Senator from Idaho agrees perfectly
with the Senator from Oklahoma.
A great deal has been said with reference to the example of
Washington and of Jefferson; and I certainly would not, if I
could, detract anything from the worth o f those examples.
But something is due to the American people themselves. It
is not exactly in accordance with the facts as I understand
them to say that without these examples the reverse o f that
which follow ed would have been true, because we had the
question presented in the case o f Gen. Grant.
Grant saw
fit to permit his name to be used in violation o f the precedent
which had been established, and the people o f the United
States within his own party rejected his aspirations to the
office. I f we have any confidence at all in the capacity o f the
American people to carry on a representative form o f govern
ment, we certainly can afford to trust them to select their
Chief Magistrate when the matter is to be submitted to them
for their consideration, as it is now, once every four years.
I f the people can not select a Chief Magistrate for a second
term or refuse him the third and the fourth after they have
had an opportunity to know his course in public life, the first
selection is a mere matter o f chance and o f guesswork. They
have more information, they have a greater opportunity to
know, they can pass upon the matter with greater intelligence
the second time or the third time than they could the first
time. The entire matter rests at last with the intelligence, the
patriotism, and the thoughtful consideration o f the people who
select their Chief Magistrate in this country.
The PRE SID EN T pro tempore. The question is upon the
amendment proposed by the Senator from North Dakota to the
amendment.
Mr. McCUMBER. Mr. President, - 1 suggest the want o f a
quorum.
The PRESID EN T pro tempore. The Senator from North
Dakota suggests the absence o f a quorum. The roll w ill be
called.
The Secretary Called the roll, and the follow ing Senat
answered to their nam es:
Ashurst
Bankhead
Borah
Bourne
Brandegee
BristowBrown
Bryan
Burton
Catron
Chamberlain
Chilton
Clapp
Clark, Wyo.
Clarke, Ark.
Crawford
Culberson
Cummins
Dillingham
Dixon
du Pont
Fletcher
Gallinger
Gamble
Gardner
Gronno
Hitchcock
Jackson
Johnson, Me.
Johnston, Ala.
Johnston, Tex.
.1ones
Kavanaugli
Kenyon
The PRESID EN T pro
ntowered to their names.
The* question is on the
from North Dakota [Mr.
Kern
La Follette
Lippitt
Lodge
McCumber
McLean
Martinc, N.
Myers
Nelson
Ncwlands
Oliver
Overman
Owen
Page
Paynter
Percy
Perkins
J.
Perky
Pomerene
Richardson
Simmons
Smith, Ariz.
Smith, Ga.
Smith, Md.
Smoot
Stephenson
Sutherland
Swanson
Thomas
Thornton
Townsend
Wetmore
W illiam s
Works
tempore. Sixty-eight Senators’ have
A quorum o f the Senate is present.
amendment submitted by the Senator
M cCumbeb] to the amendment o f the
committee
Mr. McCUMBER. I ask that the amendment, to the amend
ment be again read.
T h e PRESID EN T pro tempore.
The amendment to the
fUendment w ill be read.
. ,
The Secbetary. In lieu o f so much o f the committee amend
ment as proposes to insert the words embraced in lines 4 to 10,
both Inclusive, on page 2 , in sert:
T ’ -e executive power shall be vested in a President of the T nited
States of America. The term of office of President shall be for four
y e a rs; and no person shall be eligible for more than two terms, and
no person who has served as President, by succession, under the Con
stitution and laws made in pursuance thereof, for the major fraction
of one term, shall be eligible to hold more than one full term there
after.
Mr. W ILLIAM S. Mr. President, my attention has been called
o a respect in which our two amendments are not identical,
"w ish to offer an amendment to this amendment so as to cure
the evil. I wish to strike out the words “ has served ” and in
sert in lieu thereof the words “ shall hereafter serve.” That
w ill prevent what I think most o f us are anxious to prevent—
injecting any personal issue into the matter. I f it should go
through as it is now worded by the Senator from North D a
kota it would prevent anybody who hitherto had served from
being reelected, and that is not the purpose I take it.
Mr. McCUMBER, Mr. President, there is wherein the two
amendments differ.
Mr. W ILLIAM S. I did not notice that difference until a
moment ago, when my attention w as called to it.
Mr. McCUMBER. The amendment represents my own view,
that we should make no distinction between persons who have
served and persons who may serve hereafter, that the law
should apply to all American citizens exactly the same.
Mr. W ILLIAM S. Then, with that explanation, I offer an
amendment to the amendment, to strike out the words “ has
served,” on line 4, ,of the Senator’s amendment, and to substi
tute the words “ shall hereafter serve.”
Mr. McCUMBER. I rise to a point o f order, as to whether
that amendment can be offered now.
The PRESID EN T pro tempore.
The amendment to the
amendment is clearly in order.
Mr. McCUMBER, It is in order?
The PRESID EN T pro tempore. It is an amendment to the
amendment, and it is clearly in order. The Secretary will state
the amendment to the amendment.
The Secretary. In line 4, strike but the words “ has served ”
and in lieu insert the words “ shall hereafter serve,” so that
i f amended it w ill re a d :
And no person shall be eligible for more than two terms, and no
person who shall hereafter serve as p resid en t, hy succession, etc.
The PRESID EN T pro tempore. The question is on agreeing
to the amendment to the amendment.
Mr. W ILLIAM S. I find it is necessary after the w ord “ Presi
dent ” to put in “ by election or.”
The PRESID EN T pro tempore.
The amendment to the
amendment as modified w ill be stated.
The Secretary. After the word “ President,” in line 5, in
sert the words “ by election or,” so that if amended it w ill r e a d :
The term of office of President shall be for four ye a rs; aud no per
son shall he eligible for more than two terms, and no person who shall
hereafter serve as President hy election or by succession, etc.
The PRESID EN T pro tempore. The question is on agreeing
to the amendment submitted by the Senator from Mississippi
[Mr. W i l l i a m s ] to the amendment proposed by the Senator
from North Dakota [Mr. McCumberJ. [Putting the question.]
The noes appear to have it.
Mr. W ILLIAM S. I ask for the yeas and nays.
The yeas and nays were not ordered.
The PRE SID EN T pro tempore. The noes have it, and the
amendment to the amendment is rejected.
Mr. CULBERSON. I move to amend the McCumber amend
ment by striking out the words “ two terms,” in line 4, and in
serting the words “ one term.”
The PRESID EN T pro tempore.
The question is on the
amendment submitted by the Senator from Texas to the amend
ment proposed by the Senator from North Dakota. [Putting
the question.] The noes appear to have it.
Mr. CULBERSON. I call for a division.
The amendment to the amendment was rejected, there being,
on a division— ayes 9, noes 40.
The PRESID EN T pro tempore.
The question is on the
amendment submitted by the Senator from North Dakota.
Mr. McCUMBER. On that I ask for the yeas and nays.
The yeas and nays were ordered, and the Secretary proceeded
to call the roll.
The PRESID EN T pro tempore (when Mr. Gallinger’ s name
was called). The present occupant o f the chair is paired with
the Senator from New York [Mr. O'Gorman], and withholds
his vote.
Mr. GARDNER (when his name was called). I have a gen
eral pair with the Senator from Massachusetts [Mr. Crane],
and therefore withhold my vote.
Mr. JOHNSTON o f Texas (when his name was called). I
am paired with the Senator from New York [Mr. R oot], and
withold my vote.
Mr. L IP P IT T (when his name was called). I again an
nounce my pair with the senior Senator from Tennessee [Mr.
Lea ], and withhold my vote.
CONGRESSIONAL RECORD— SENATE.
2360
Mr. OWEN (when his name was called). I transfer my pair
with the Senator from Kansas [Mr. Curtis] to my colleague
[Mr. G o r e ] and vote “ nay.”
Mr. PAYNTER (when his name was called). I have a gen
eral pair with the senior Senator from Colorado [Mr. G u g g e n
h e i m } , but as he would vote “ n a y ” on this proposition I will
take the liberty o f voting. I vote “ nay.”
Mr. RICHARDSON (when his name was called). I am
paired with the'Senator from South Carolina [Mr. S m ith ], and
I witlioid my vote.
The roll call was coft^ipded.
Mr. KERN. I have a ' general pair with the Senator from
Kentucky [Mr. B radle^J^ T r a n s fe r that pair to the Senator
from Virginia [Mr. Martin ] and'"vpte “ nay.”
Mr. CLAPP (after having voted In .the negative). I have a
general pair with the senior Senator from North Carolina [Mr.
Simmons R anti not knowing how he would vote if present, I de
sire to withdraw my vote.
The result was announced—yeas 3, nays 61, as follow s:
Ashurst
Bankhead
Borah
Bourne
Brandegee
Bristow
Bryan
Burnham
Burton
Catron
Chamberlain
Chilton
Clark, Wyo.
Clarke, Ark.
Crawford
Culberson
Y E A S— 3.
Williams
N AY S— 61.
Cullom
La Folletto
Cummins
Lodge
Dillingham
McLean
Dixon
Martine, N. J.
du Pont
Myers
Fletcher
Nelson
Gamble
Newlands
Gronna
Oliver
Hitchcock
Overman
Jackson
Owen
Johnson, Me.
Page
Johnston, Ala.
Paynter
.Tones
Perkins
Perky
Kavanaugh
Poindexter
Kenyon
Pomerene
Kern
Bacon
Bradley
Briggs
Brown
Clapp
Crane
Curtis
Fall
NOT VOTING— 31.
Martin, Va.
Foster
Massey
Gallinger
O’ Gorman
Gardner
Percy
Gore
Guggenheim
Reed
Richardson
Johnston, Tex.
Root
Lea
Simmons
Lippitt
McCumber
renrosc
Sanders
Shively
Smith, Ariz.
Smith, Md.
Smoot
Stephenson
Sutherland
Swanson
Thomas
Thornton
Townsend
Wetmore
Works
Smith, Ga.
Smith, Mich.
Smith, S. C.
Stone
Tillman
Warren
Watson
Jan itary 3
to state that that provision o f the Constitution will [)e
conti
trolling one as to the tenure o f the office whenever p- <
ratified and becomes a part o f the Constitution.
indeed, the only provision in the Constitution, which determin
the tenure o f office at the expiration o f four years from th
4th o f next March. So my opinion is tin# the effect of
amendment is to prolong the term and i f make it six
years
instead of four.
a
I f I am correct in this, then why not Adopt my amendment
which will m a ke it absolutely certain a i to what the CongvA’
means by the language that it has employed?
It may be said that this is extending the term o f the p reg.
dent two years. That may be true, b u t i f the proper intei-pA
tation is given to the amendment as reported by the co m m ittee'
it has exactly the same effect as it will have by adopting tw
amendment which I have offered. Ih other words, it does U
(R
change the import o f the amendment to the Constitution re,
ported by tbe committee.
It will make certain that which Otherwise might be in doubt
Mr. W ORKS. Mr. President, I have always understood that
1 the adoption o f this proposed amendment would have just the
[Affect which it is proposed to be made certain by the amend
ment now offered by th e Senator from Kentucky. I have never
% d a ny doubt that the adoption o f the amendment as it comes
frbm the committee w o u ld have the effect to extend the term
,tlie incumbent o f the oiliest to six years.
| think the people o f this "country ought to know and under
stand exactly what this amendment does provide for. There
shqftild be no uncertainty with Respect to it. I f the people are
n o* willing to adopt it \\3th tlifft construction placed upon it
wef certainly ought not t© send itSput to the country with any
question remaining as to what the effect o f it is to be.
hope for that reastfn that the amendment proposed by tlie
Sjhator from Kentucky to the amendment w ill be adopted.
The PRESID EN T pro tempore. TheNjuestion is on agreeing
the amendment submitted by the Senator from Kentucky to
ky
le amendment. [Butting the question.] TBhe Chair is in
doubt,
Mr. PAYNTER. I ask for the yeas and it
j
The yeas and nJfys were ordered, and the Secretary proceeded
to call the roll. I
N
The PRESIDEN T pro tempore (when the naniW o f Mr. Gai,l in g e r was c^fled).
The occupant o f the chair is\>aired w ith
So Mr. M cCumbeb’ s amendment to the amendment w a s 1re the Senator from New York [Mr. O’Gorman ].
\
jected.
Mr. LIPPJTT (when his name w as called). I again announce
Mr. PAYNTER. Yesterday I suggested that I would offer my pair with the Senator from Tennessee [Mr. Lea ], and re
ay amendment, but at that time it was not in order. I offer frain from" voting.
it laow.
Mr. PAINTER (when his name was called). I have a general
The PRESID EN T pro tempore. The Senator from Kentucky pair wi£h the senior Senator from Colorado [Mr. Guggenheim],
submits an amendment to the amendment, which will be read. As he i s absent from the Chamber, and I do not know how he
The 'Secretary. On page 2 o f the amendment o f the com woulip vote on this question if present, I withhold my vote.
mittee, ft^e 1 0 , after the word “ election,” insert the following
My. RICHARDSON (when his name was called). I am
paired with the Senator from South Carolina [Mr. Sm ith ] and
proviso:
Provided, *&iat tlic term of tlie incumbent in the office of President refrain from voting.
when this annulm ent takes effect shall be for six yea|8.
The roll call was concluded.
Mr. PAYNTER. I should like to have the amendment re
Mr. OWEN. I transfer my pair with tlie Senator froih
ported by the (Wmnittee read in connection with niy ainencl- Kansas [Mr. Curtis] to my colleague [Mr. Gore] and vote, i ’
ment, and. Rum P W lll^Rte-Tnv reasons for offering the amend- vote “ yea.
The result was announced—yeas 30, nays 36, as fo llo w s:
nioii4^fothe amendment.
\
The PRESIDEN T p 1'0 tempore. The amendment w ill be readv
Y E A S — 30.
as it would read if amended by the amendment of the Senator lAshurst
Johnson, Me
Overman
Smith, Md.
from Kentucky.
Bryan
Johnston, Ala.
Owen
Swanson
.Tones
Percy
Thomas
The Secretary. I f amended, the amendment o f the com Burton
Ehamberlain
Kavanaugh
Perkins
Thornton
mittee in so far as inserting new words are concerned will fl’hilton
Kern
Perky
Williams
re a d :
[cummins
Martine, N. J.
Simmons
Works
The executive power shall be vested in a President of the United iFletcher
States of America. The term of tlie office of the President shall ?be fllitchcock
six years, and no person who has held the office hy election or (Sis-,;
charged its powers or duties or acted as President under the Constftu-f
tion and laws made in pursuance thereof shall be eligible to hold Borah
again the office hy election : Provided, That the term of the incumbent Bourne
Bradley
in the office of President when this amendment takes effect shallUbe
i for six' vpfivs.
six years.
Brandegee
The President, together with
Vice President chosen for th^'kaino Bristow
Burnham
Ifm, shall he elected as follows.
Catron
PAYNTER. Mr. President, in making an, .amendment to Clapp
t he CSw^utipR,
probabk?- that any doubt may arifee Clark, Wyo.
hereafter or is now in the minds o f tlie SenatorsMf ought to be
removed. That which can be made certain neiT^ should be
left uncertain and in doubt. Especially is that theScase when
we are dealing with the greatest office o f our cou i^ 'y . W e
know what arsen ou s political conflict might arise oAer the
question o f .^Recession in the presidential office, one o f the
political parties claiming that the term ended at one time and
another political party claiming it did end at another time.
My own opinion is that under the amendment as reported
from tlie committee the incoming President w ill hold his term
for six years if it is adopted during his term ; I do not intend
to elaborate and to give tbe reasons which I have for it except
Bacon
Bankhead
Briggs
Brown
Crane
- Curtis
Fall
Foster
Myers
Newlands
Clarke, Ark.
Crawford
Culberson
Cullom
Dillingham
Dixon
du Pont
Gamble
Gronna
Smith, Ariz.
Smith, Ga.
N AYS— 36.
Jackson
Kenyon
La Follette
Lodge
McCumber
McLean
Oliver
Page
Penrose
NOT VOTING— 29.
Galliuger
Massey
Nelson
Gardner
Gore
O’ Gorman
Guggenheim
Paynter
Johnston, Tex.
Reed
Lea
Richardson
Lippitt
Root
Martin, Va.
Smith, Mich.
Poindexter
Pomerene
Sanders
Shively
Smoot
Stephenson
Sutherland
Townsend
Wetmore
Smith, S. C.
Stone
Tillman
Warren
Watson
So Mr. P aynter ’ s amendment to the amendment was rejected.
- - r. OWEN. I offer the amendment I send to the desk.
The PRESIDEN T pro tempore. The Senator from Oklahoma
offers an amendment, which w ill be read.
/
/
/
/
■
13
CONGRESSIONAL RECORD— SENATE
Tlie S e c r e t a r y . In tlie amendment o f the committee, on page
line 32, strike out the words “ elected as follow s ” and in sert:
Nominated and elected by the direct vote of the legal voters of the
g jates. The vote of each State shall be certified by the governor of the
fetate to the President of the United States Senate and, estimated upon
the basis that the vote of each State shall be equal to the whole num
ber of Senators and Representatives to which such State may be entitled
in the Congress, shall be counted and declared as by law provided. Con
gress shall immediately provide by law the method and means for the
direct nominations herein provided.
i Mr. OWEN. Mr. President, this amendment does away with
the electoral college. It proposes that the vote o f the States
shall be certified to the President o f the Senate, and have the
same weight in determining the election o f a President as now
under the electoral-college system. It, o f course, would serve
the end o f economy in making unnecessary the nomination of
400 or oOO electors, in making unnecessary the printing o f their
names and the voting for those electors by millions o f voters
and the counting o f the vote. It would save time and would
operate more directly to produce the result desired.
The more important part of the amendment, however, is that
providing for the direct nomination by popular vote o f presi
dential candidates and doing away with the national conven
tions, which heretofore have been in some instances believed to
have been unfairly controlled by machine methods and by im
proper influences. It is carrying out what many o f the States
aow h ave; it is carrying out the principles o f progressive gov
ernment ; it is carrying out the proposals laid down in the Demo
cratic national platform at B altim ore; it is carrying out the
declarations o f the so-called Progressive Party, and I think will
oc acquiesced in by probably three-fourths o f the people o f the
United States.
ft needs no argument to explain the meaning o f a preferential
primary fo r the Presidency, and no debate upon it, so far as I
oni concerned, is thought necessary. I simply briefly explain
the amendment itself. It proposes a presidential preference
prim ary; does away with the electoral college; and has the vote
certified immediately to the President o f the Senate, to be
counted as now provided by law.
The PRE SID EN T pro tempore. The question is upon the
amendment submitted by the Senator from Oklahoma [Mr.
O'v e n ] to the amendment o f the committee.
. Mr. W ILLIA M S. Air. President, I want to say a few words
1n explanation o f the vote I shall cast. I shall vote for this
amendment, not chiefly for the reason stated by the Senator
from Oklahoma [Mr. Owen], but chiefly for another reason.
The electoral college is a source o f danger to American insti
tutions. It may some day precipitate a great crisis and a revo
lution. O f course, the unwritten law is that the elector votes
in accordance with the dictates o f the party to which he belongs
and votes for the nominee o f his convention, or, in this case, if
this amendment is adopted, the nominee o f the presidential pri
maries o f his party. But there is no law which compels him
to do it. It is merely a matter o f keeping faith and honor. It
is a great compliment to the American people that hitherto in
every case faith and honor have been kept; but the statement
hoes not go without contradiction that they w ill always be
kept.
There might be a very close presidential election, when one or
w o votes swerved from the direction in which the people had
khot them into a new direction, either by passion, prejudice,
money, or corruption— something or other might defeat the will
° f the people in an election. It might be true that in such a
c‘use an elector would hesitate a long time because o f the fear
° f personal danger that would follow ; but corrupt men are
Sometimes very bold. There is hardly a pledge o f honor made
iu any direct way. The party merely nominates the electors,
hhd it is taken for granted that they are going to act honorably.
Thus fa r thev have done s o ; but suppose some one in a case like
that did not "do so. I f each party insisted, one upon the right
to take the seat because the machinery provided by the Con
stitution to elect him had elected him, to wit, a majority o f the
electoral college, and the other, the choice o f the people, asserted
the right to the seat, there might be great trouble; there might
possibly be even civil w a r; but, at any rate, if there were not,
the w ill o f the people might be defeated. It is for that reason,
more than for the reason that the amendment contains the
direct-nomination feature, that I shall support it.
Mr. CUMMINS. Mr. President, I desire the attention o f the
*/viator from Oklahoma for a moment. I wish to call his attentlon to the fact that if his amendment were adopted it might
hot accomplish the purpose which he has in v iew ; in other
m°rds, there would still be left in the Constitution all its proJmions with regard to the selection o f electors, the counting of
|keir votes before Congress, and the subsequent arrangements
m case there be no choice.
Mr. OWEN. It would be explicitly repealed.
2361
Mr. CUMMINS. It seems to me that the Senator has not
successfully joined the amendment with those provisions o f the
Constitution that would remain.
Mr. OWEN. My amendment would be in conflict with so
much o f it as the Senator refers to, and would repeal it. The
language has been so drawn as to cause that vote to be counted
and declared as provided by law. It, therefore, attaches itself
immediately to the present provisions for the counting o f tlm
electoral vote in the House o f Representatives.
Mr. CUMMINS. I am entirely in favor of the election o f a
President in the w ay suggested by the Senator from Oklahoma,
yet the proposed amendment would, in my. opinion, leave the
Constitution in inextricable confusion.
Mr. OWEN. Another suggestion has been made, that ilia
governor o f a State, not being a Federal officer, might refuse to
certify the returns. The governor o f every State takes an oath
to observe the Constitution o f the United States as well as that
o f his own State. This would be a part o f his oath o f office,
and he would be pro tanto an officer o f the United States for
this purpose.
Mr. W ORKS. Mr. President-----The PRESID EN T pro tempore. Does the Senator from Ok bn
homa yield to the Senator from California?
Mr. OWEN. I yield to the Senator from California.
Mr. W ORKS. I desire to call the attention o f the Senator
from Oklahoma to the fact that there is a proposed amendment
to the Constitution now pending before the Committee on the
Judiciary providing for the election o f President and Vice
President by a direct vote o f the people which covers all the
provisions relating to the subject o f elections and returns. It
seems to me it would be unfortunate to complicate this one
question with so important a question as that, which may
probably be considered by itself and be voted upon separately.
Mr. OWEN. The fact that some other proposition is pending
elsewhere in no wise invalidates the propriety o f this amend
ment.
Mr. CRAW FORD. W ill the Senator from Oklahoma yield
to me?
The PRE SID EN T pro tempore. Does the Senator from Okla
homa yield to the Senator from South Dakota?
Mr. OWEN. I do.
Mr. CRAW FORD. The subject with which the Senator from
Oklahoma is dealing in his proposed amendment is one in
regard to which I am in entire sympathy with the Senator.
I should like to see an amendment submitted which would
reach that end, but I think it is rather unfortunate to couple
it with this proposal for limiting the term o f the President
o f the United States, because upon that proposition I am unalterably opposed to a limitation. I f this provision, in which
I believe, is tied up w ith that proposition, in which I do not
believe, my vote would go on the side against the amendment
proposed by the Senator, because I can not indorse the other,
and I think it would be better to have this proposition a
separate one standing upon its own merits. I think the Senator
would thereby get more friends for it.
Mr. OWEN. Mr. President, I will offer as an extenuating cir
cumstance in submitting my amendment at this time the state
ment that it is extremely difficult to amend the Constitution of
the United States. It has only been done in the case o f war
since the first original amendment, barring the probable amend
ment now pending; so that if an amendment is proposed and
carried at all it must be carried upon the wave o f some very
important public opinion. I believe that nine-tenths o f the peo
ple o f the United States have made up their minds now that
they do not want any man to twice hold the position o f Presi
dent; that they do not want any man occupying the W hite
House to use that place and the enormous patronage and power
o f that position to further his own ambition as a politician.
Believing that, I am compelled to reconcile myself to the un
happy position in which I find the Senator from South Dakota
posed.
Mr. CRAW FORD. I think the Senator will find that the peo
ple believe in this proposal a good deal more earnestly and pro
foundly and extensively than they do in the other.
Mr. OWEN. Perhaps that may he true, Mr. President; but I
remind the Senator from South Dakota that 4,000,000 men voted
for the Progressive candidate in the last election, and favored
the naming o f a President by a presidential primary. I remind
the Senator also that 6,000,000 and more Democrats voted for it,
and they are committed to it by the Baltimore convention.
Therefore there are over 10,000,000 men now committed to it in
this Republic. I take it, therefore, that it has some friends.
Mr. CRAW FORD. To what does the Senator refer? Does he
want an election without the intervention o f the electoral
college?
/■
2 ;m
COXGRESSIOXAL RECORD— SEXAT 1
Mr. OWEN. T refer to (lie more important part of it -the
president ia 1 prima ry.
Mr. CRAWFORD. Certainly I am not objecting to tlie presi
dential primary; I believe in it. The Senator misunderstands
mo. I believe in both the presidential primary and in the direct
election of President, but 1 do not believe in Senate joint reso-’
lution No. 7S, introduced by the Senator from California [Mr.
W o r k s ], to which this amendment is proposed to be attached.
I should like to vote for this amendment embracing the presi
dential primary and the direct election of President, but I do
not want it tied onto the proposition in Senate joint resolution
No. 78, for which 1 can not stand, and I certainly insist that
10,000,1X10 of the American people have not shown that they are
in favor of Senate joint resolution No. 78.
Mr. OWEN. Perhaps that may be true; but I think so large
a' number are in favor of it that it will become the law if it
passes this Congress; and since this matter is now before the
Senate, fixing the term of office, it is entirely germane and
proper to propose the manner of the nomination and election
of the candidate who is to hold that term. Since the amend
ment only proposes a presidential primary and does away with
the electoral college, which is now useless and expensive, and
does not change the method of State representation, giving to
each State a vote in accordance with the number of Repre
sentatives and Senators, it therefore only does away with a
somewhat cumbersome process and establishes a presidential
preference primary. To that I say there is a very large adher
ence of voters in the United States. Desiring to carry out the
Haiti more platform as rapidly as possible, I did not wish to lose
a convenient occasion to present the first amendment which the
opportunity afforded.
Mr. CRAWFORD. Mi1 President, I am sorry that my efforts
.
are unavailing. What 1 hoped I might do was to persuade
the Senator that his entire proposition is so much better than
that contained in the pending resolution that he ought to cut
loose from the other and not have it hang as a dead-weight
upon the amendment he has offered.
Mr. OWEN. Since I am in favor of both, I shall be glad to
have my proposition help pull the other along.
Mr. WORKS. Mr. President-----The PRESIDENT pro tempore. Does the Senator from Okla
homa yield to the Senator from California?
Mr, OWEN. I yield to the Senator from California.
Mr. WORKS. I do not want to be understood by what I
said as being opposed to the proposition submitted by the Sena
tor from Oklahoma if it were separately submitted. I am so
far committed to that idea that I myself have offered a joint
resolution proposing an amendment to the Constitution pro
viding for the direct election of the President and Vice Presi
dent of the United States. Therefore I am not hostile to what
the Senator desires, but I think it would be. unfortunate t
both of these propositions to have them coupled together, for,
the simple reason that the individual who comes to vote upon
it will have to be in favor of both of them in order to vote for
the proposed constitutional amendment.. There are a great
many voters in this country who would be favorable to one of
them and opposed.to the other. The result would probably be
that, if they should go to the country, they would both be
defeated; and that is the contingency I desire to avoid.
The PRESIDENT pro tempore. The question is on agreeing
to the amendment submitted by the Senator from Oklahoma to,
the amendment reported, by the committee.
Mr. POINDEXTER. I should like to have the amendment t<
the amendment again stated.
'fhe PRESIDENT pro tdinpoie. The Secretary will agaiil
state the amendment to tint Iwuendment.
The S e c r e t a r y . On page 2^-.line 12, it is proposed to strike
out the words “ elected as follows ” and insert:
Mr. LIPPITT (when bis name was called). I again. an
my pair with the senior Senator from Tennessee [Mr. i j],U ,|
V ,k'e
refrain from voting.
'
J
Mr. OWEN (when liis name was called). I transfer
with the Senator from Kansas [Mr. Cvhtis I
n,v
*:v l>
? ;u
D " “ y c°i
[Mr. Gore] and will vote. I vote “ yea.’
Mr. RICHARDSON (when his name was called)
announce my pair with the junior S e n io r from Sou,!,
Sout
[Mr. S m ith ] and withhold my votev
The rojl call was concluded.
Mr. TOWNSEND (after having voted in the negative!
voted “ nay* ,for tlie purpose of making a statement tL I
effect that I previously stated that I should vote “ nay”
amendments; butTUis amendment, which 1 had not anticin-1 ^
I am in favor of, alHHmgti if it is attached to tlie pendin*»
lution I shall feel gdmrelled to vote against the aip(,' (f <'
>
measure on its final passage,
The PRESIDENT pro tempore. Debate is not in order
Mr. TOWNSEND. I change mjvyote to “ yea.”
The PRESIDENT pro tempore tStyp G a l l in g e b ). q
the arrangement made with the Senator'I^qm New York
O'Gorman] the occupant of the chair feels aYsUyu-ty ^
U
and votes “ nay.”
The result was announced—yeas 32, nays 30, as followsYEAS—32.
Crawford
La Follcttc
Poindexter
Culberson
McLean
Pomerene
Dixon
Martino, N.
Shively
Fletcher
Myers
Smith, Ariz
Gronna
Newlands
Smith, Md '
Johnson, Me.
Overman
Swanson
Jones
Owen
Townsend
Kern
Perky
Williams
NAYS— 36.
Bankhead
Cummins
MeCumber
Simmons
Bradley
Dillingham
Nelson
Smith, qa.
Brandegee
du Pont
Oliver
Smoot
Burnham
(lallinger
Page
Stephenson
Burton
Gamble
Paynter
Sutherland
Catron
Jackson
Penrose
Thomas
Clark, Wyo.
Johnston, Ala.
Percy
Thornton
Clarke, Ark.
Kenyon
Perkins
Wetmore
Cullom
Lodge
Sanders
Works
NOT VOTING— 27.
Bacon
Gardner
Lippitt
Smith, Mich
Briggs
Martin, Ya.
Gore
Smith, S. p
Brown
Guggenheim
Massey
Stone
Crane
Hitchcock
O’Gorman
Tillman
Curtis
Johnston, Tex.
ffeed
Warren
Fall
Kavanaugh
Richardson
Watson
Foster
Lea
Root
So Mr. Owen 's amendment to the amendment of the eoiq.
mittee was rejected.
|r. OLIVER. I offer an amendment to the amendment.
Ashurst
Borah
Bourne
Bristow
Bryan
Chamberlain
Chilton
Clapp
’ lie ^RESIDENT pro tempore. The Senator from Pennsyl
ennsvi
ania offers an amendment to the amendment, which - w" lie
'iil
stated.. \
tated,.
The S ecretary . On page 21 at the end of line 5, it is pro
to amend the commirree' amendment hr inserting th0°Posed
.
every,
ine (i, after the word “ P r e s >i "7VeTSPword
* d U n t «
tlie
elected after the ratification of this amending,
AVER. I ask that the committee amendment beTe^
iUwould appear if my amendment were adopted.
Tbe PRESIDES I pro tempore. The amendment as propose l
be amended by the Senator from-Pennsylvania will be real
Tbe Secretary read as follows;
Tlie executive power sii.,11 be vested in a President of the TTnu
States of America. The T
erm of the office of every President ein.+
after the ratification of this amendment shall be six years" and° ^
person who has held the oflit by election, or discharged its pow
scbat ged
er
duties, or acted as President umk i-.itie Constitution and laws mad, r
- ..... ion and law
irsuanc-e thereof shall be eligib)
'gain hold the office by election U
The PRESIDENT pro tenqKq’e.
The question is on agr
Nominated and elected by the direct vote of the legal voters of the . .She amendment submitted by+he Senator
a.
States. The vote of eaoh State shall b certified by the governor of the [Puttiug*l,fB'e qffi&SfMlfji}"1 liy
fe
noes appear to
State to the President of the United Stages Senate and, estimated upon have it.
U
the basis that the vote of each State shah be equal to the whole num
Mr. OLIVER. I-call for the yeas and nays.
ber of Senators and,; Representatives to which such State may be enti
tled in the Congress; shall be counted and declared as by law provided.
Mr. CULBERSON. Let Hie amendment lie again stated.
Congress shall immediately provide by law the method and means for
The PRESIDENT pro tempore. The .Secretary will at
the direct nominations herein provided.
\
'gam
The PRESIDENT pro tempore. The question is on the amend
ment submitted by the Senator from Oklahoma to the amend
ment of the committee. [Putting the question.] The Chair is
in doubt.
Mr. CULBERSON. I ask for the yeas and nays.
The yeas and nays were ordered, and the Secretary proceeded
to call the roll.
The PRESIDENT pro tempore (when Mr. G a l l i n g e r ’ s name
was called). The present occupant of the chair is paired wifli
the Senator from New York [Mr. O ’ G o r m a n ] , and therefore
withholds liis vote.
state the amendment.
Tlie Sec notary again stated the amendml
Mr. OLIVER. Mr. President, in explann'fou of the amend
ment 1 wish to say that I do not think it I t the right thing
for i.hc Congress of the United States and/ thlkiegislatures of
th§< several States to extend tlie term of a Prefoleiit who has
belli elected by tbe people for a definite term of fours. There
fore I think that the constitutional amendment, if Vlopted and
placed before tlie legislatures for ratification. sliouldVnply only
to Presidents elected thereafter. 1 understand if the fonmittee
amendment as it now stands should be agreed to unameyded it
is probable that the term of the President in office at th\time
,X
11
■
s*5
191D .
°
CONGRESSIONAL RECORD— SENATE.
would be extended to six years. I am unalterably opposed./ to
tnat, and if the joint resolution is placed before the Senate in
that shape I expect to vote against it; otherwise, as a general
proposition, I am now and always have been in favor of a single
term of six years for our Presidents.
/
Mr. TMXON. Mr. President, in other words, the amendment
offered by the Senator from Pennsylvania makes a /special
exemption as to Woodrow W ilson; that is the effect o f it. It
does not carry out the provision of the Democratic platform,
tvhmh specifically declares for one term. The amendment now
ottered is not in accord with the platform of the Democratic
convention, which I understand Senators on the other] side of
the Chamber are urging-----Mr. OLIVER. I am not solicitous for the Democratic plat
form at all.
Mr. DIXON. I am merely calling the attention of ttte Demo
cratic Senators to the fact that the amendment of the|Senator
Mom Pennsylvania is in direct violation of the terma of the
Democratic platform.
Mr. CUMMINS. Mr. President, I do not think the Senator
lom Montana [Mr. D i x o n ] has given the right interpretation
o th e amendment offered by the Senator from Pennsylvania
IMr. O l i v e r ] . It is my opinion that the resolution as reported
y the committee would, if adopted as a part of the Constithi°n during the term of any President, extend that term to six
years. I believe that would be its legal effect. Now, the SenaMom Pennsylvania proposes an amendment that will relieve
the resolution of that effect and confine its operation to those
Residents who are elected after it is ratified. That is to say,
R does not make any difference whether it is Mr. Wilson or
Mr. Smith or Mr. D i x o n . It may be Mr. D i x o n .
Mr. DIXON. I am not a candidate.
Mr. CUMMINS. One can not tell what the future lias in
store for him or for any other aspiring and ambitious and
energetic man. This amendment may not be ratified, even if it
ls adopted here, for years; and the amendment proposed by the
Senator from Pennsylvania is general. It simply says it ■will
?°t prolong the term of the President who is in office at the time
M is ratified. The Democratic platform does not require that
fhe term to which Mr. Wilson has been elected shall be extended.
Therefore the Senator from Montana is wholly in error with
Mgard to his interpretation of the amendment offered by the.
yenator from Pennsylvania. It has nothing to do with the
Democratic platform. Therefore I hope he will not be able to
msturb the Democratic serenity with respect to the subject of
this amendment.
I for one am in favor of the amendment proposed by the
Senator from Pennsylvania. I voted for the amendment pro
posed by the Senator from Kentucky simply because I believed
that was the proper interpretation—that is, the real inter
pretation—of the amendment without his suggestion. But now
" ^ t it is raised definitely and proposed to be changed by the
amendment offered by the' Senator from Pennsylvania, I shall
rm for M I think it is fair and just.
.
I lie PRESIDENT pro tempore. The Senator from Pennsyl/finia [Mr. O l i v e r ] demands the yeas and nays upon the aruendI,ror)0sed by him to the amendment of the committee.
J he yeas and nays were ordered, and the Secretary proceeded
t0 call the roll.
.
The PRESIDENT pro tempore (when Mr. G a l l i n g e r ' s name
. as called). The present occupant of the chair is paired with
e junior Senator from New York [Mr. O’Gorman].
. . r. GARDNER (when his name was called). I transfer my
t e t ! Wit.h the junior Senator from Massachusetts [Mr. C r a n e ]
. tIle junior Senator from New York [Mr. O'Gorman]. and
yote. I vote “ nay.”
D he PRESIDENT pro tempore. Under that arrangement, the
/
eseut occupant of the chair will change his pair from the
« i 1 0 ’ Senator from New York [Mr. O’Gorman ] to the junior
11
" lator from Massachusetts [Mr. Crane ] and will vote. I vote
n a y .”
Mr. LIPP i t t (when his name was called). I again announce
nU’ Pair with t h e senior Senator from Tennessee [Mr. L e a ] .
Mr. PAYNTER (when his name was called). I again.an
nounce my pair with the Senator from Colorado [Mr. G uggen Heim], and therefore withhold my vote.
_
„ Mr. RICHARDSON (when his name was called). I again anjounce my pair with the junior Senator from South Carolina
TMr. Smith ], and therefore withhold my vote.
The roll call was concluded.
t
„
Mr. SWANSON. I desire to announce that my colleague
J-M Martin of Virginia] is paired with the Senator from Ner.
hiaska [Mr. B rown]. lie is detained from the Senate on ac°o.ant of illness. I wish that announcement to stand for the rest
° f the day,
2363
■as announced--yeas 13, na
Bradley
Brandegec
Chamberlain
Chilton
Ashurst
Bankhead
Borah
Bourne
Bristow
Bryan
Burnham
Burton
Catron
Clapp
Clark, Wyo.
Clarke, Ark.
Crawford
Bacon
Briggs
Brown
Crane
Curtis
Fall
Foster
Gore
YEAS—13.
Oliver
Penrose
Percy
Pomerene
NAYS—52.
Culberson
Kenyon '
Culloui
Kern
Dixon
La Follette
Fletcher
Lodge
Gallinger
Martino, N.
Gamble
Myers
Gardner
Nelson
Gronna
Overman
Hitchcock
Owen
Johnson, M
e.
Page
Johnston, Ala.
Perkins
Jones
Perky
Kavanangh
Poindexter
NOT VOTING—30.
Guggenheim
Newlands
Jackson
O’Gorman
Paynter
Johnston, Ter.
Reed
Lea
Richardson
Lippitt
Root
McLean
Smith, Ga.
Martin, Va.
Smith, Mich.
Massey
Cummins
Dillingham
du Font
MeCumher
Sutherland
Sanders
Shively
Simmons
Smith, Ariz.
Smith, Md.
Stephenson
Swanson
Thomas
Thornton
Townsend
Wetmore
Williams
Works
Smith, S. C.
Smoot
Stone
Tillman
Warren
Watson
So Mr. O l i v e r ’ s amendment to the amendment of the com-,
mittee was rejected.
Mr. CUMMINS. Mr. President, before the joint resolution
passes from the Committee of the Whole, I desire to submit
some observations upon tbe matter. I am suffering from a dis
ability—temporary, I hope—that makes it very difficult for me
to speak, and somewhat painful as well. I therefore hope that
I may be permitted to say what I have to say quietly and with
little interruption.
I had not intended to say anything in the nature of an ex
tended speech, and would have adhered to that resolution, but
some remarks were made yesterday that seem to call for a reply
that has not yet been made. I very deeply regret that I can
not concur with some-of my brother Senators with whom I have
been generally in absolute sympathy, and upon whose political
and economic judgment I have become accustomed to rely.
I look upon this measure as a distinctly progressive proposi
tion. This simply indicates the infinite variety of the human
judgment. Some of my closest friends in the Senate apparently
believe that it is an attack upon the rights, the privileges, anil
the power of the people. On the contrary, I believe it to be a
great advance in the protection and the preservation of the
rights and the privileges of the people.
I have often heard it said that there ought to be, and that
eventually there will be, a line drawn between the voters of the
United States upon one side of which there will align themselves
the conservatives, the reactionaries, the standpatters, while upon
the other there will be ranged tbe progressives, the radicals. I
have become convinced that this lino never will be drawn;
because while I have been fighting, as I have assumed, for the
rights of the people during a somewhat extended and somewhat
stormy political career, I now find myself assigned by some of
my associates to the ranks of those who are alleged to be in
different to the rights and the privileges of the people.
I intend to prove that this is a progressive measure. I intend
to prove that it is not only progressive to submit this proposi
tion to the judgment of the people, but that it is progressive
when it is considered upon its merits by the people.
The people have an absolute right to say what their Govern
ment shall be. Have I a progressive friend in the Senate who
disputes that proposition? It is the fundamental, the original
declaration of human rights so far as it applies to government.
They have a right to say what their Government shall be.
I have no patience with that phraseology or terminology
that speaks of the people in the third person. Y e do not give
\
the people anything. We can not give the people anything in
the way of governmental power, nor could we take away from
the people anything in the way of power or privilege had it
not been that years ago our forefathers provided that the people
of this country should not have an opportunity to say what
their Government should be until Congress opened the door to
that opportunity.
I am for the referendum. I have asserted it before; I assert
it now. I believe this is the best example of the referendum
that the institutions of the United States can present. I am
speaking now, of course, of the national institutions, the Con
stitution and the laws of the United States.
How is it that those who believe that the people of this coun
try have aright to say what their Government shall be hesitate
about giving them the opportunity which the adoption of this
resolution would confer upon them? If there is any taking
CONGRESSIONAL KECOllD— SENATE.
from the people power or privilege or opportunity, it is by
those who refuse to give them the chance which, according to
the civilized notions of modern government, they ought to have.
There are manyVof us who believe that the referendum should
be made applicable Slot only to constitutions but to laws as well.
I am one of them. Tithe legislature o f a State or if the Legis
lature of the United States refuses to adopt legislation which
the people demand, I believe that the people have a right to
insist that the legislation shall be submitted to them for
approval or rejection.
\
Just so here. It is proposed by this resolution to give the
people of this country the opportunity to say what their Gov
ernment shall be—to say whether they would rather have a
President limited to a single term or a President eligible to
successive terms. Yet it is insisted\hat because there is indi
vidual opinion among some Senator*! that if these Senators
were voting in their primary capacityxthey would not regard
this as a wise restriction to be placed on their own power as
citizens, therefore they should not give the people the chance
to exercise their elemental and their fundamental right.
1 do not look upon the duty that we as "--Senators perform
from that point of. view. I do not believe it ought to be required
that two-thirds of the Senate of the United States and twothirds of the House of Representatives shall be completely con
vinced of the wisdom of a proposed amendment to the Constitu
tion before the people shall have the opportunity to* vote upon
it. I believe that whenever Senators and Members of the House
are convinced that a fair proportion of the people of the-United
States desire an opportunity to correct or to amend (heir funda
mental law it is our duty to give them the chance to make their
Government what it ought to be.
I am especially amazed at the attitude of some of my friend^
who have recently conducted a campaign in which the refer
endum bore a prominent part. It surprises me that they should
here seek to close the door which this resolution would open.
But I agree that before we can fairly submit an amendment of
this kind to the people there must be shown a reasonable, fair
demand for it. I agree that it ought not to be within the power
pf a single Senator to rise and say, “ I think the people -want
this change made in their Constitution,” and therefore command
the support of all the Senators, without regard to their indi
vidual opinions upon the subject.
I do not assert that constitutional amendments should be sub
mitted upon any such slender demand. But I reassert that if
we believe any considerable number of the people of this .coun
try are in favor of so limiting the term of the President, and
If they have expressed themselves so that they can be'under
stood, then the man who votes against the submission of a pro
posed amendment to the Constitution does so in violation of the
principle to which I have referred, ordinarily known as the ref
erendum.
/
Let us see about this question. It has been spoken of here as
though it had arisen now practically for the first time, and
there had been no discussion of it throughout the years of the
existence of our Government. I suppose this' amendment, or
the equivalent of it, has been introduced in ty Congress oftener
than any other proposed amendment to tli/ organic law. It
has been debated more than any other amendment unless it be
the amendment providing for the direct election of Senators.
I beg to read just a word indicating jfi a very meager waysomething of its history. I read from/page 12 d of volume 2
of the American Historical Association/Report for 1S9G:
Over 125 amendments have been submitted to change the term of
President and fix the period of eligibility. These were brought out
chiefly by the fear that the President would use tire patronage of liis
office to secure his reelection. More tha4 50 of these have been proposi
tions to fix the term at six years.
/
I will not pursue this comment, but will say that while the
enemies of the proposition haver" usually been able to prevent a
vote, it never has Iieen submitted to either branch of Congress
without receiving the votes/of a majority of the Members
of the body to which it wasSubmitted.
I turn now to page 120, and read another extract:
The simplest and most effective remedy would seem to be the restric
tion of all Presidents to a,single term, a provision which the Federal
convention bad first unanimously adopted.
I will consider that/later.
Over 90 proposed amendments have affirm that principle. It was
ed
presented to Congress first in 1815 as one of the amendments pro
posed by the Hartford convention, by the Members from Massachusetts
and Connecticut, upon the Instruction of their legislatures. In addition,
these resolutions provided that the President should not be elected from
the same State two terms in succession, thus showing New England’s
jealousy of Virginia.
I refer to this only to show that it is not a new subject; that
it has been a matter of almost continuous demand and debate
since the adoption of the Constitution.
J
a n u a r y
3
j
But that is not all. Nine or ten States in the Union have
through their legislatures, at various times demanded n ,-,
amendment limiting a President to a single term. I have hot at
not .!?
, .
hand the names of these States, nor are the; material, r „ L
1 T*
simply passing through the history of the^matter in order bill
i i 'p n i l n m f01.
show that we have here the firm basis o s a referendum -a *0
change in the Constitution.
/
Mr. BRANDEGEE. Mr. President, w i!1 the Senator yield f0 .
a question?
£
r
Mr. CUMMINS. Certainly.
/
Mr. BRANDEGEE. I am notisiire that I understood
Senator in his statement describing the circumstances under
which Congress ought to submit' amendments. In view of tip,
language of Article V of the Constitution—
The Congress, whenever twojmirds of both Houses shall deem 0
necessary, shall propose amendments—
1
1
I want to ask the Senator whether he means to ho under
stood as saying that under the language “ deem it necessary »
it is not necessary to secure the personal approval of the Sena,
tors to the proposition*'or does he construe it to mean whenever
for any reason, tliey'deem it necessary—for instance, if they
thought a considerable number of people would like to have /
submitted?
/
Mr. CUMMINS: I construe it in the latter way. I confess
I formerly held the opposite belief, before I had given ul0
matter great thought, and before I had become impressed with
the high necessity of bringing government back to the people
and giving them the full power which they ought to exercise
their own affairs. I always proceeded upon the assumption that
no constitutional amendment should be submitted until it com
manded rite approval and had convinced the judgment of t\
Vo.
thirds of the Senate and two-thirds of the House. I think it js
k
against that construction of the Constitution that a great deal
of the unrest which now exists is directed. If we were to wait
until' two-thirds of each body were actually convinced of viU
}
necessity of a particular proposition, expressed in a particular
wflyt. we would never amend the Constitution of the United
Slates,; and the course that is being taken in this matter seems
to me well adapted to establish a principle of action that win
prevent' the amendment of the Constitution o f (he country.
But I pass on to see what has been done further with regard
to the movement for a single term. Three political parties ]lave
declared for, this amendment. The Whig Party declared f„r p
I think twice,, certainly once. The People’s Party, which was a
protest against both the Democratic and the Republican Parties
declared for in and from the platform of the People's Party’
adopted at the fyne to which 1 refer, a very considerable par£
of the modern declarations of all existing political parties haVe
been taken.
The People’s Party organized under circumstances that are
familiar to every Senator, coming directly front the body 0f
the people themselves* declared unhesitatingly and unequjvo.
cally for a single term for President. Those earnest'people <q(j
not suppose that they tfeere organizing a raid upon their own
rights and privileges. They were the advance men of their
time. They were the radicals of the decade from 1880 to 18lX).
and while they may have Impn mistaken—and 1 am not arguin»
that proposition now—I doVconnnend the declaration of the
People's Party, which was really the first great protest against
many of the practices and principles which we all now condemn
They insisted that the Constitution of this country should be
amended so that a President should not he permitted to hold
his office for more than one term; Ttaid it seems to me that such
a declaration furnishes a fair basis\k>r a referendum. Most of
the friends of the referendum haveVtood for a plan that re
quired the reference of a law to th(\iction of the people in
their primary capacity upon a petitiorW signed by S per cent
or 10 per cent or 15 per cent of the voterX
Now, tell me whether the declaration < the People's Party
te
and the declaration of the Whig Party andVnally the declara
tion of the Democratic Party in Baltimore Just year, a party
that succeeded in gathering into its followinsfuiearly 7,(XX),000
of the voters of the United States, should be heeHed? Will any
one pretend that these accumulated demands foiwthis change
in our Constitution do not present a fair basis foXsubinitii n r
<
the question to the people themselves? So far as the referendum
is concerned they who believe in it keep the word orSm-omise
to our ear and break it to our hope if they now refuse the
submission of this resolution. They are doing precisely what
they have charged the enemies of the doctrine with doing n0 v
\
these many years.
It has been constantly asserted that a few men have been able
to prevent the people from remodeling their Constitution s0
that their powers and their privileges would he protected'more
adequately than they now are; and with this constant history
1913.
CONGRESSIONAL RECORD— SENATE.
He fought the Federal judiciary all of his life, and the Fede}'al judiciary fought him. His quarrel with the Federal judi
ciary, however, was not that it failed to set aside unconstitu
tional acts, but that it affirmed unconstitutional acts; in other
words, that it undertook to create a constitution by construction.
Jhat was liis quarrel with John Marshall in the MarburyMadison case; that was his quarrel all the way through.
As I said a moment ago, it is becoming evident, even to my
somewhat dense intellect, that Senators upon the other side
now and then attempt to deflect me from the line of an argu
ment by referring to Thomas Jefferson. It seems to he ad
mitted that I have made myself his professional defender.
Mr. POINDEXTER. Now that the Senator has been de
flected, I will not deflect him any further, except to agree that
the logic of the Senator’s statement that Jefferson objected,
not to the courts setting aside unconstitutional laws but to their
refusal to set aside constitutional la w s , amounted simply to this,
that Jefferson refused to accept the judgment of the courts as
to which laws were constitutional and which were unconsti
tutional, and insisted on substituting either his own judgment
or that of Congress for theirs. Jefferson even went so far as to
refuse to submit to the decisions of the Supreme Court as to
tlie constitutionality of acts of Congress.
Mr. WILLIAMS. O Mr. President, the Senator has now
raised a totally different question. Of course, Jefferson re
fused to accept as his opinion the opinion of a court concerning
a constitutional question. Andrew Jackson refused to do it.
Lverybody else has refused to do it. I refuse to do it right now.
Abraham Lincoln refused to do it. Abraham Lincoln said that
ffle only thing that the Dred Scott case settled was that Dred
Scott was still a slave, but it could not settle any political ques
tion. That far, of course, Jefferson went. That far the Sena
tor goes. That far I go. That far every man with common
sense goes, unless he is a mere lawyer and nothing else; and
the most dangerous man to free institutions is a mere lawyer
and nothing else.
Mr. POINDEXTER. Especially if he is a constitutional
lawyer.
Mr. WILLIAMS. I do not admit for one minute that the
ini on of the Supreme Court concerning a constitutional ques
tion binds me in my official capacity as a Senator. Jefferson
Aid not admit that it bound him in his official capacity as a
President. Andrew Jackson did not admit that it bound him
bis official capacity as a President. He went so far as to say:
•John Marshall has pronounced the decree of the court; no
Jet him execute it.”
Hi so far as the Senator is concerned, as a Senator, or i ! or
a man at the other end of the Capitol in the House o f R<|u-eK
ontatives, we have sworn to maintain the Constitution,4not
according to the opinion of the Supreme Court, but aceordyig
jo our own. That is a totally different question. It has nothi
o do with this one.
In the next place, the Senator said that Mr. Jefferson said
bat our duty was to submit to the rule of a majority. M by,
fle very difference between Jefferson and Rousseau was this:
Rousseau said that the only free government was a government
tv a majority, and that even Hie English people were not free,
because they were not free except once or twice in so many
?ears, when they went to an election to elect representatives,
a|ifl that that was not a free government nor a government of
Jflo people. Jefferson contended, upon the contrary, more
strenuously than any man in America except Roger Williams,
flat there were limitations upon the power of majorities; that
here were fields into which majorities must not enter at any
:*
.nie; that there were things of the first table between man and
,Us Maker with which majorities had nothing to do. He conended for it to the last day of his life, and always. You will
U in his inaugural address these words:
)d
I fle rule of the majority, in order to he binding, must be reasonable.
M hen he was contending for his own right to be President
Jfle United States because he had been elected by the people,
0 worded it th u s:
exJfl^eljed upon the voice of a majority, honestly and constitutionally
Honestly and constitutionally expressed.” What does that
lean? That excluded the voice of the majority as to matters
, the first table with which the majority had nothing to do,
‘ i c A merely included the voice of the majority as to matters
fie second table, and even in connection with that only when
was constitutionally expressed.
, 1 ai<1 not Intend to talk as long as this, but before I sit down
..Want to repeat that the longer any sensible man examines the
ueory of Roosevelt and the theory of Hamilton the more he
2 4 if>
will find that ihey are nearly identical. Of course, the one
was advanced in one period of the world's history by argu
ments adapted to that period and the other is propounded in
another period by arguments adapted to that period. But when
you carry them back to tlie matter of utlimate analysis they
amount to this: That majorities ought to he untrammeled, that
there ought to he no sort of written constitutional restrictions
upon them which they can not set aside by an election. In the
first case the argument was that government ought to he suffi
ciently strong to withstand pressure from the people, in (ho
second case it is that a majority of the people ought to he so
strong as to withstand pressure from ethics, morals, constitu
tions, and anything else. They come back to the same point of
an untrammeled, unlimited, unrestricted government, the only
difference between them being as to who may constitute the
government, and that -is all.
Mr. DIXON. Mr. President, just one suggestion for one min
ute. It did not occur to me when I asked to have the opinion
of Hamilton read for the benefit of the Senate that the mere
mention of the name of Alexander Hamilton with Theodore
Roosevelt automatically started the Senator from Mississippi
in a denunciation of both those eminent men, and usually with
a peroration eulogistic of Thomas Jefferson. But the Senator’s
historical reminiscences are always interesting.
Mr. WILLIAMS. I did not understand the Senator. Did the
Senator say that I denounced either Alexander Hamilton or
Roosevelt? I was confining myself to their opinions.
Mr. DIXON. I said the Senator’s historical reminiscences are
always interesting; but I think they always have to he taken
from the viewpoint of the Senator from Mississippi. Jefferson
was so anxious for majority rule that he proposed a new con
stitutional convention every 17 years. He said that each gen
eration should have the right, and it should be executed, to
override the fundamental basic law. When the Senator from
Mississippi quotes some far-fetched suggestion of Alexander
Hamilton regarding the Presidency, that lie enunciated about
the time of the Philadelphia convention, he will remember that
Franklin, supported by several members of that convention,
proposed a Presidency of three men, not united in one head.
But that does not detract from the unanswered argument made
by Hamilton in the article from the Federalist, which the Secre
tary read a few minutes ago, regarding the limitation of presi
dential power.
Mr. HITCHCOCK. I now offer the amendment I send to the
desk.
The PRESIDENT pro tempore. The amendment will be read.
The Secretary. On page 2, strike out lines 4 to 10 in the
amendment of the committee, and insert:
Tlie executive power shall he Invested in a President of the United
States of America. The term of the office of President after March :{,
1917, shall he six years, and no person elected for six years after the
adoption of this amendment shall be eligible again to hold the office by
"petion.
HITCHCOCK. Mr. President, I am going to ask for the
yeas .T < nays on this amendment, without any particular dis
hI
cussion as far as I am concerned, for the reason that the ques
tion hits been very thoroughly canvassed. I want to say, how
ever, that my amendment is the shortest one that has been pro
posed, occupying only five lines; that it is without any am
biguity whatever; that it has not lengthened tlie term of Presi
dent elect W ilson; that it does not. exclude Wilson from reelec
tion; that it; does not exclude ex-Presidont Roosevelt or Presi
dent Taft from reelection; but merely establishes the principle
hereafter, as a rule and part of the Constitution, that no man
who has once occupied the office of President of the United
States by election shall be eligible to reelection.
Mr. BORAH. Mr. President, the brevity of the amendment
offered by (lie Senator from Nebraska is in its favor, hut as r
understand the effect of his amendment it would be to permit
two parties occupying a prominent place in our politics to serve
for 30 years and the other for 33.
Mr. HITCHCOCK. I think that is not (he proper way to
state the matter.
Mr. BORAH. I am trying to state it ns I understood it.
Mr. HITCHCOCK. I think that that is not a correct slale
nient of the matter. It does not permit them to do so, and it
does not forbid the people from selecting those men who have
previously occupied office if they desire to do so.
My amendment, Mr. President, is designed to attach to (ho
Constitution the intended reform in the fairest possible way,
leaving to tlie American people the* utmost possible freedom
of judgment as far as these three particular individuals are
concerned.
I think it rather inconsistent for tlie Senator from Idaho to
object to this form of amendment, when it is less restrictive
2416
CONGRESSIONAL RECORD— SENATE.
than the other form, and when the Senator is complaining of
the other form because it is somewhat restrictive.
I think we can well trust the American people in the next
few years to decide whether they desire to elect Roosevelt Presi
dent or not. I think we can trust them to decide whether they
desire to reelect President Taft or President-elect Wilson or
not. We can at least afford to take our chances on those pos
sibilities, which already exist, in order that we may engraft
upon the Constitution this very desirable reform.
I wish to say to the Senator that it may be proper to vote
against this amendment on principle, but I think it is hardly
fair to oppose the amendment on the ground that it is intended
to popularize it among the people.
Mr. BORAH. Mr. President. I was simply desirous of know
ing whether or not this amendment had the effect which I
thought it had, and I fifyl now that it has that precise effect.
Bnt the Senator from Nebraska and I will agree that we may
leave it to the people to select Col. Roosevelt again if they
desire, or Mr. Wilson again if they desire, or Mr. Taft again if
they desire. I have the samd.faith in posterity that I have in
the present generation. For that reason I am willing to leave
it to them to elect some future Roosevelt or Wilson or Taft
again if they desire to do it. For that reason I am opposed to
the whole affair.
\
The PRESIDENT pro tempore. The question is on the amend
ment proposed by the Senator from Nebraska [Mr. H itchcock]
to the amendment of the committee. '
Mr. SUTHERLAND. I ask to have"..the amendment to the
amendment again read.
".
The PRESIDENT pro tempore. The1,.amendment to the
amendment will be again read.
The Secretary. On page 2 strike out lineh 4 to 10, inclusive,
in the amendment of the committee and insert,:
February
j
The doctrine was very clearly laid down by Lord Chief j u
tice Cockhurn in the Second Law Reports of Queen’s Beilc)'
Division, 269, in this language:
11
It is a general rule that where a statute is passed altering the tn
unless the language is expressly to the contrary, it is to he taken .
intended to apply to a state of facts coming into existence after the
The Supreme Court of the United States has repeatedly ]lejj
that the rule applies to a constitution as well as to a statute ^
In Shreveport v . Cole (129 Uf S., 43) that court said:
Constitutions as well as status's are construed to operate prosn„
tively only, unless on the face oi? the instrument or enactment the co '
,P
trary intention is manifest beyond reasonable question.
1'
1
Now, the question is whether or not to hold lliis cons tip,
tional amendment to extend the term of office of the President
in office at the time it sUiill he adopted would be to give it .
retroactive effect. It s^bms to me clearly that it would, j
call attention to what js said in Sutherland on Statutory Co*
struction, in the second?'volume at page 11 6 1:
It is always presumed/liat statutes were intended to operate prosne„
tively, and all doubts jfre resolved in favor of such a construction
These same rules Of construction apply to constitutional provisions an
°i
to by-laws and ordinances. A new constitutional provision as to tl>
advanced ago which guould prevent the incumbents of certain judicial
offices from rctainin/ them was held prospective; it did not apply Pl
persons in office at me time of its taking effect.
“ c
°
And again in section G43:
Acts changing lfie term of office or compensation of public o iC ),
fT O
were held not to irpply to those in office.
3
And again o / page 116 3 :
Whore an ac/ made provision for a pension for policemen who gj,..,.
serve 30 yearsf it was held to apply only where the 20 years’ servioo
was alter tke/)assage of the act.
Now, I caffl attention to a case which I think is very clearly m
point, deemed by the supreme court of my own State, the case
of Farrel/gainst Pingree, reported in Fifth Utah, page 443, tfie
The executiver power shall be vested in a Prcsid$pt of the United syllabus/)f which reads:
States of America. The term of the office of President after March 3,
A s
te will not he given a retrospective effect, unless Its term
s
1017, shall be six years, and no person elected for six years after the show
ly a legislative intention that it should operate restrospec
.
adoption of this amendment shall be eligible again to “
hold the office tively, » „ where an act amending an act relating" to the terml*^'
by election.
\
count; heasurers substituted the words “ twoyears” for the words'“ f r>r
0rdS“ fouj
elected to the office before the term of the incumh°lu
'
Mr. SUTHERLAND. Mr. President, so far as I am con years f
who
* u!eC
* ted
two years before the p
cerned, I am in favor of both propositions contained in this the mendatory ant1 ha(l served almost not be entitled to the a s S nt
act had expired will
office
amendment, but I think it is unwise to submit both propositions against the incumbent.
together, because there are probably some Members of the Sen
other words, they hold that to give the statute that con.
ate who are in favor of one but not in favor of the other. \
st/uction would be to give it a retroactive effect. In the course
I f I understand the amendment, it proposes to accomplish or the opinion the court says, on page 447:
two things—first, to prevent this resolution from being construed
There was no vacation of the office in express terms by the enw
so as to extend the term o f the President in office when the ment of the lltli of March, 1880. The question then arises, Was theitfor
- ctamendment is adopted, and, second, so as to permit persons such a vacation by implication? There was no repeal of the act crest
ing the office. The amendment dealt only with the length of the tern
otherwise ineligible under the general language of the resolu of office. It left all the residue of the statute intact and in full f0l.
tion as now drawn to be eligible to the Presidency notwithstand If the legislature intended to vacate the office, that intention m
u«r
ing they have served in that office one or more terms in the past. clearly appear before a court is warranted in saying it exists, j c
defendant claims that such intent is shown in the enactment d
n
I think, Mr. President, that I shall ask to have the question daring that the old statute “ is hereby amended by striking out the
divided, so that we may vote upon each separately; but before word •four.’ ” But all that the striking-out clause vacates is tile
oivi
I do that I want to say a word or two in reference to the first “ four.” Nothing else is pretended in the act to he vacated. That w
the statute,
?
branch of the amendment. It seems to me exceedingly desirable is dropped out of stood before. bnt the office is not dropped out. it V
left to stand as it
3
that that part of the amendment should be adopted, whether
Then, lower down:
we adopt the second or not.
He— \
1 was somewhat surprised yesterday when the Senator from
Meaning the county trea su rerCalifornia [Mr. W orks], for whose legal judgment I have the
utmost respect, stated that the resolution as reported to the had been ctyly elected to it. nearly two years prior to that time, had
Senate would have the effect, if adopted, of extending the presi not been respoved, nor had he resigned, and the office had not
ne
dential term of the President in office at the time it was adopted abolished. Only the time limit had been removed. But the true m
for two years longer. I understood the Senator from Iowa [Mr.
on ion
l\Cum m ins ] coincided in that view, and perhaps oilier Senators
tained the word#-,” striking out the word ‘ four,’ ” but it also contained
did the same.
the words “ substituting the word ‘ two ’ in lieu thereof.” The strikin'!
Mr. WORKS. Mr. President-----out and the substit L
tion were simultaneous acts. With the word “ two’
are to consider the effect of the change There
The PRESIDENT pro tempore. Does the Senator from Utah in place of “ four
is no authority or skund reason for lioldin^ that such an amendment
yield to the Senator from California?
took effect as of Ai%ist, 1884—nearly two years prior to its enact<
Mr. SUTHERLAND. Certainly.
ment.
Mr. WORKS. I infer from what the Senator says that he
So there could be n\ ground for holding here, if this constitu
disagrees with me upon that legal proposition. Suppose that tional amendment shall, be adopted, that in reality it took effect,
be so, does the Senator think we ought to send out this resolu at the beginning of the\lerin of the incumbent of the office at
tion to be voted upon with a degree of uncertainty as to the the time the amendment Was adopted.
construction which should be placed upon it?
The
the
Mr. SUTHERLAND. No; Mr. President, I intended to say day of defendant contends th\ although the statute took effect on the
its passage, yet that i%elated back to the August of 1884,
before I finish, that I think it should not be sent out with that date of Harris’s election. We *p at a loss to know why this is S
re
o
uncertainty. But I first want to state very briefly why I think The amendment says nothing Whatever about the enactment relating
back two years, or any other tifl|e, prior to its passage, and w sec
e
the resolution in its present form is not susceptible of that con nothing in the amendment upon which to hang an inference of that
struction. The joint resolution proposes, so far as this particu nature. We are not justified In adtKpg to a statute something that tile
lar question is concerned, to amend the Constitution so that the legislature never intended or had In contemplation in enacting ■
statute. The legislature had the powrt
have",said so ; buFwe^are m
term of office of the President shall be six years.
now considering the power of the legist ure, we are simply considering
Now, the rule of construction is beyond all doubt that statutes, whether they had exercised that power.'
constitutions, municipal ordinances are all to be given a pros
And on the following page I will Insert in the R ecord , till
s
pective effect and not a retrospective effect, unless provision is another extract from the opinion, without stopping now to
clearly made to the contrary. In other words, unless the statute read i t :
contains terms clearly indicating that it shall be given a retro
It being clear, therefore, that the legislative intent that ilio amendactive effect it must always be given a prospective effect only.
o ilt s h o u ld ho r o t r o s n o o t f v o d n o s n o t nnnoni*
Tf ?c« e n f n « .i *-
1913.
CONGRESSIONAL 11ECORD— SENATE.
overw helm ing w eig h t o f a u th ority th a t the enactm ent o f ih e 1 1 th o f
-March, 18SG, h a d ,-«o retrosp ectiv e or retroa ctive effect, but its operaiio n is en tirely p rosp ective. T h e w ell-nigh tw o years th a t H a rris had
held the ofiice 04 cou n ty treasu rer cou ld not, therefore, be cou nted as
J®1'1 o f the tw o r e a r s ’ term o f office provided fo r in the am endm ent,
■he tw o years con tem p lated in the enactm ent w ere som e tw o years to
begin at a tim e \ ub seq u en t to its passage. The am endm ent fou n d
H arris in office.
I t d id n ot v a ca te his office nor abolish it.
T he
am endm ent, i f madft a p p lica b le to him a t all, sim p ly told him th a t
■hereafter he cou ld V oid the office fo r tw o years. T he w ord “ thereattor ” w ould, o f cou\se, m ean a fte r the am endm ent should go in to
effect, w h ich w ou ld occu r w hen there had been a p u b lica tion o f the
enactm ent.
(C om p. L a V s, p. 78. sec. 2.)
l i e w ou ld th erefore be
entitled to hold the offieft under the am endm ent, i f it could a p p ly to
him, fo r th e p eriod o f t w o years a fte r p u b lica tion o f the a m e n d m e n t;
an(i the tim e o f such p u b lica tion does n ot appear, nor is i t m aterial, as
ho doubt the p u b lica tion took p lace sh ortly a fter its passage and p rior
10 the general election in A ugu st, 1886. B ut as we have seen, i f the
am endm ent be at all a p p lica b le to H arris, he w as under it authorized
Jo hold the office tw o years fo llb w in g the enactm ent, and con sequently
The election o f the d efendants to the office at the general e lection in
A ugust, 1886, and b efore such tvfp years had expired, w as un au th orI -1* oy law. B u t the sta tu te w as in no w a y app lica b le to H arris. H e
held his office under a sta tu te w h ich had n ot been repealed, n or had it
Jn any m anner been m odified, ex ce p t th a t the term o f office a fte r its
passage w as to be tw o instead o f fou r, years, as th eretofore. N o re f
erence w as m ade to the cases o f persons then in office. T he sta tu te
was w h olly p rosp ectiv e, and rela ted to term s o f office in the fu tu re.
reasons, it seems to me to be of the utmost importance that we
should make it perfectly clear that we do not Intend, in the
resolution, to extend the term of any President who is in office,
whoever he may happen to be.
The PRESIDENT pro tempore. The question is on agreeing
to the amendment to the amendment.
Mr. SUTHERLAND. I ask for a division o f the question as
indicated by me.
Mr. LODGE. I make the point o f order that it can not he
divided. It is a motion to strike out and Insert.
The PRESIDENT pro tempore. The Chair will have to sus
tain the point of order under Rule 18: .
I f the question in debate contains several propositions, any Senator
m ay have the sam e divided, except a n a tio n to strike ou t and insert,
w hich shall not be divided.
J
The pending amendment is a motion to strike out and insert.
Mr. WORKS. Mr. President, I am not going to detain the
Senate by any discussion of the legal question that has been
raised by the Senator from Utah [Mr. Sutherland] because of
the fact that we are so thoroughly agreed as to the duty of the
Senate to make the resolution so clear and plain that there can
be no question of construction with reference to it. I have the
.
that case the change in the law was the converse of what very highest regard for the opinion of the Senator from Utah
attempted to be made here—that is, it shortened the term in upon this or any otifer legal question, but I think he overlooks
stead of having lengthened it—but the rule of construction the fact that by Hds resolution the term of six years is fixed.
would be precisely the same because nobody has a vested right There can be no/Other term. Therefore I think the resolution
111 an office. The legislature has exactly. the same power to applies directlyVro the term which exists at the present time
shorten the term that it has to extend it. It is purely a ques- and extends i % But I am not going to emphasize my views,
1,011 of statutory construction as to whether it should he given ,ipon that subject.
a Retroactive effect.
\
/
The PRESIDENT pro tempore. The Senator from Nebraska
The only other case I desire to call attention to is the case/ff demands the yeas and nays on agreeing to the amendment to
(Jreer against Asheville, reported in One hundred and fourteen the amendment.
■^orth Carolina, page 678. I shall only stop to read the syJlafms
The yeas aud nays were ordered, and the Secretary proceeded
of that ease:
to call the roll.
.T h e term o f office o f a c it y m arshal ap p oin ted u n d e r \ ch arter prcP*
Mr. DILLINGHAM (when his name was called). I transfer
Vjding th a t m arshals should hold office durin g the officia\ term o f the
the general pair I have with the senior Senator from South
alderm en Is n ot enlarged from one to tw o years b y an am endm ent to the
ch arter exten d in g the term o f the alderm en from one to tw o ,y e a rs.
Carolina [Mr. T illman ] to the Senator from New Mexico [Mr.
So, Mr. President, while I feel quite convinced thatV ie reso F all]. I make this announcement for the day. I vote “ yea.”
Mr. DU PONT (when his name was called). I have a gen
lution, if adopted, would not have the effect of extenijkig the
term of the then incumbent of the presidential office, ^ the eral pair with the senior Senator from Texas [Mr. C ulberson ].
same time I recognize that there are many lawyers who disterpo As lie is absent from the Chamber and I have no means of
with that construction, and it is quite reasonable to suppose knowing how he would vote if present, I will withhold my vote.
The PRESIDENT pro tempore (when Mr. Gallinger’s name
■hat many others throughout the country may differ without
also.
\ was called). The Senator from New Hampshire is paired with
That being so, it is of vast importance, as it seems to me, to^ the junior Senator from New York [Mr. O'Gorman]. The Sen
Riake it perfectly clear just what we intend by this joint reso a t o r from Massachusetts [Mr. Crane] is paired with the Sen
lution. it is necessary that we should do that for two, to my ator from Maine [Mr. Gardner]. By consent, a transfer will
Blind, very sufficient reason.?. First, if we do not make it clear, b\made whereby the Senator from New York and the Senator
we will jeopardize, in my judgment, the adoption of this amend fr<mi Massachusetts will stand paired and that will permit the
ment by the people of the country. That reason, of course, will Senator from Maine and me to vote. I vote “ nay.”
MrSJLIPPITT (when liis name was called). I announce my
n°t appeal to those who are opposed to the joint resolution in
any form, it ought to appeal to the friends of the joint resolu- generaVpair with the senior Senator from Tennessee [Mr. L e a ] ,
it will jeopardize it in this way: Doubt will be suggested and in has absence will refrain from voting.
Mr. RICHARDSON (when his name was called). I have a
as to whether the effect of the joint resolution will be to extend
he term of President Wilson, if he should happen to be in general pirn- with the junior Senator from South Carolina [Mr.
hce, and many members of the legislatures will he uuwilliug Smith ], retransfer that pair to the Senator from Illinois [Mr.
Cullom] anil vote. I vote “ nay.”
bring about that result.
,
Mr. TOWNSEND (when Mr. R eed' s name was called). I
j ani perfectly free to say that, so far as I am concerned, I
>
!‘Sider it a matter of no great consequence in the adoption of have been handed a telegram from the Senator from Missouri
o f'p P'eat fundamental principle whether we extend the term [Mr. R eed], stffilyng that he is detained at home on account of
litti eSi<*ent Wl]son or any other man two years. I care very sickness in his nhnily, and that if he were here he would vote
wi|!e ak°l,t that, but there are many people in the country who against the presidential term limited to six years. lie is paired
I A Caie much about it; and when that question is presented with the senior Senator from Michigan [Mr. S m ith ],
Mr. ROOT (when his name was called). I have a general
. e various legislatures of the States it will be a makeweight
for
ad°Ption of the amendment. It seems to me that pair with the junior Senator from Texas [Mr. Johnston], and
i
foat reason the friends of this measure ought to be willing therefore withhold my' vote.
Mr. CHILTON (when Mr. W a t so n ’s name w a s c a lle d ). I
fosult 6 ** I)erfectly certail1 tjifit
is B°t intended to have that
announce the pair of my colleague [Mr. W atson] with the
miiui^f ^le S C
G 011(i objection to leaving it uncertain, and to my senior Senator from New Jersey [Mr. B riggs].
The roll call was concluded.
disoi lt: 1S .a more serious,'objection than the one which I have
Mr. CLARK of Wyoming^ On all votes to-day I transfer the
Pre<aoS+ ’ *s timt if the Joint resolution shall be adopted in its
e?
it on - 5° lm tiie matter will still bo left in doubt as to whether general pair which I have with the senior Senator from Mis
shalle,i es *° extend the term of the then incumbent, and we souri [Mr. Stone] to the junior Senator from Nevada [Mr.
. liave the question presented to us whether we shall hold Massey ], and vote. I vote “ nay.”
Mr. BRISTOW. I am requested to announce that the junior
at
-'or 1918, whether the incumbent of the office
jr{) at time shall continue to hold for two years longer or shall Senator from South Dakota [Mr. Crawford] is paired with
that.ut . t oflice 011 the 4th o f March, 1917. We can all see that the junior Senator from New Jersey [Mr. Mabtine] and that
0
ex‘ aiay result not only in a serious dispute, which would be the junior Senator from North Dakota [Mr. Gronna] is paired
mind lD
v?y BBfortunate, but that, in some state of the public with the junior Senator from Montana [Mr. Myers].
Mr. CHILTON. I have a general pair with the Senator from
turbo WiUcl1 Inay exist at that time, it may result in great disforoseU aU iU a shTiation the gravity of which we can not Illinois [Mr. Cullom], but an arrangement has been made,
Ce <*
which has been announced, for the transfer of that pair, so that I
We do not know what dispute it m a y lead
•
- now wjiat am at liberty to vote. I vote “ nay.”
how serious the dispute may b e ; and we do
Mr. ASHURST. I have been requested to announce that the
hat
serious results may flow from the dispute. For both of these Senator from Montana [Mr. Myers] is absent on business of
CONGRESSIONAL E ECORD— SENATE.
2418
the Senate, and that lie is paired with the Senator from North
Dakota [Mr. G ronna ].
.Air. BRYAN. I have been requested to state that the junior
Senator from Texas [Mr. J ohnston 1 is absent on business of
the Senate, and, as has been stated, is paired with the Senator
from New York [Mr. R oot].
y x l i e result was announced—yeas 27, nays 42, as follows:
YEAS—27.
/ Ashui
Ashurst
Bryan
Burton
Chamberlain
Clarke, Ark.
Cummins
Dillingham
Bankhead
Borah
Bourne
Bradley
Brandegee
Bristow
Brown
Burnham
Catron
Cliilton
Clapp
Bacon
Briggs
Crane
Crawford
Culberson
Cullom
k du Pont
V
Fletcher
Gardner
Newlands
Oliver
Gore
Percy
Perky
Hitchcock
Shively
Johnson, Me,
Johnston, Ala.
Smith, Ga.
Kavanaugli
Smith, Md.
NAYS— 42.
Lodge
Clark, Wyo.
Curtis
McCumber
Dixon
M
cLen n
Gallinger
Nelson
Gamble
Overman
Guggenheim
Owen
Page
Jackson
Paynter
Jones
Penrose
Kenyon
Kern
Perkins
La Follette
Poindexter
NOT VOTING—20.
Fall
Martine, N. J.
Foster
Massey
Myers
Gronna
O’Gorman
Johnston, Tex.
Iteed
Lea
Root
Lippitt
Smith. Mich.
Martin, Ya.
Sutherland
Swanson
Thomas
Thornton
Wetmore
Works
roraerene
Richardson
Sanders
Simmons
Smith. Ariz.
Smoot
Stephenson
Townsend
Williams
/
/
Smith, S. C. /
Stone
Tillman
Warren
I
Watson
#
/
So Air. H i t c h c o c k ’ s amendment to the amendment of ie eommittee was rejected.
A r r . WILLIAAIS. Mr. President, I offer the amendment
which I send to the desk.
The PRESIDENT pro tempore. The Senator from Alississipni offers an amendment, which will lie stated.
The S e c r e t a r y . It is proposed, on page 2, to strike out lines
4, 5. G 7, 8, 9, and 10 of the amendment of the committee and
,
to insert:
February 1,
The Secretary. On page 2, line 10, after the word “ election,”
in the amendment made as in Committee of the
hole, it
proposed to insert:
P r o v i d e d , That the foregoing shall not operate io extend the term
of the President in office at the time this amendment is adopted.
Mr. BRANDEGEE. Alay I ask the Senator from Utah ;i
question? If this proposed constitutional amendment should not
be ratified for six or eight years, would not the Senator want
this six-year term to apply to the President who might then be
in office?
Air. SUTHERLAND. No; the very purpose of the proposed
amendment is to make it clear that it shall not apply to the
President in office; that no matter when the amendment is
adopted it should not so apply.
Mr. BRANDEGEE. If the amendment were adopted and a
man were elected President after tlie amendment was the law
of the land, why ought it not to apply?
Air. SUTHERLAND. Because it would be giving it a re
troactive effect.
Air. BRANDEGEE. I do not follow the Senator in that.
Air. SUTHERLAND. Aly whole position about it is that, n0
matter when this amendment shall lie adopted, if it be 10 years
from now, we will find some President in office, and there will
then he a doubt as to whether it operates to extend the office of
that President or whether it does not. It is of vast importance,
as it seems to me, to settle that doubt in this joint resolution]
to make it perfectly clear either that we do intend to extend
the term of the incumbent at the time it is adopted or that
we do not so intend—one thing or tlie oilier. That necessity
will be just as great in 40 years as it will be in 2 years.
We shall always find some President in office.
Air. B RANDEGEE. I will ask that tlie amendment which
I proposed be again stated.
The PRESIDENT pro tempore. The amendment proposed
by the Senator from Connecticut will he again stated.
The Secretary. On page 2, line 40, after tlie word “ election.”
in the amendment made as in Committee o f the Whole, it js
proposed to insert:
Tlie provision of this proposed amendment concerning the term of
office shall affect the term of office of Presidents hereafter elected only.
The executive power shall he vested in a President of the Pnited
The PRESIDENT pro tempore. Tlie question is on tlie amend
States of America. The term of the office of President shall be fouiyears. He shall be reeligible for one additional term of four years, and ment submitted by the Senator from Connecticut [Air. B rannot thereafter reeligible at any time. No person who shall hereafter
hold the office or discharge its powers or duties, or act as President by degee] to the amendment made as in Committee of the Whole.
succession for any fraction of a term under the Constitution and laws
Air. CUMMINS. Air. President, as a friend of the main
made in pursuance thereof, shall he reeligible beyond such a fraction of proposition, I wish to say that, while the object of tlie Senator
a term and for one term by election.
Air. WILLIAAIS. Air. President, this amendment has two
salient points in it. The first is to write into the Constitution
what has hitherto been regarded as the unwritten law. The sec
ond point is to eliminate from the controversy all possible per
sonal issues by making the amendment take effect prospectively
altogether and retrospectively not at all, so that every citizen
of the United States, after this amendment passes, will stand
upon an equal footing.
The PRESIDENT pro tempore. The question is upon the
amendment submitted by the Senator from Alississippi to the
amendment of the committee. [Putting the question.] The
noes appear to have it.
Air. WILLIAMS. 1 ask for the yeas and nays.
The yeas and nays were not ordered.
The amendment to the amendment was rejected.
The PRESIDENT pro tempore. If there be no furtl
amendment to be offered as in Committee of the Whole,
question is on agreeing to the amendment to the joint resolut n
reported by the Committee on the Judiciary.
The amendment was agreed to.
The joint resolution was reported to the Senate as amended.
Air. BRANDEGEE.. I sent to the desk a few moments ago an
amendment which I should like the Secretary to read now, and
1 will offer it. Then I should like to have the Secretary read
an amendment, which I understand lias been sent to tlie desk
b y t lie Senator from Utah [Air. S u t h e r l a n d ] , on the same sub
ject. as I want to see which I like best.
The PRESIDENT pro tempore. The Senator from Connecti
cut asks for the reading of his proposed amendment. The
Secretary will read as requested.
The S e c r e t a r y . On page 2, line 10, after the word “ election,”
in tlie amendment made as in Committee of the Whole, it is
proposed to insert:
from Connecticut is identical apparently with the object of
the Senator from Utah, it seems to me that the amendment
proposed by the Senator from Ufa if will accomplish the object
more perfectly and certainly than would tlie one proposed by
the Senator from Connecticut.
Air. BRANDEGEE. In view of that statement, if the Senator
from Iowa is o f that opinion, I will withdraw my proposed
amendment to tlie amendment.
The PRESIDENT pro tempore. The Senator from Connecticut
withdraws his amendment to the amendment.
Air. SUTHERLAND. I offer tlie amendment which I sent
the desk.
The PRESIDENT pro tempore. The amendment proposed by
tlie Senator from Utah to the amendment made as in poni
mittee of the Whole will be stated.
The Secretary. On page 2, line 40, after tlie word “ elec
tion,” it is proposed to amend the amendment by inserting:
P r o v i d e d , That the foregoing shall not operate to extend the term of
the President in office at the time this amendment is adopted.
The PRESIDENT pro tempore. Tlie question is on the
amendment proposed by the Senator from Utah to the amend
ment made as in Committee of the Whole.
Air. CUMA1INS. I ask for the yeas and nays.
The yeas and nays were ordered, and the Secretary proceeded/
to call the roll.
The PRESIDENT pro tempore (when Air. Galunger’s name
was called). Tlie present occupant of the chair has a general
pair with the junior Senator from New York [Air. O’Gorman]
which he transfers to the junior Senator from Alassaehusetts
[Air. Crane], The occupant of the chair votes “ nay.”
Air. RICHARDSON (when his name was called). I have a
general pair with the Senator from South Carolina |
Air
Sm ith ]. I transfer that pair to the Senator from Illinois [ Air
Cullom] and will vote. I vote “ yea.”
The provision of this proposed amendment concerning the term of
All*. ROOT (when his name was called). I again announce
office shall affect tlie term of office of Presidents hereafter elected only. my pair with the Senator from Texas [Air. Johnston] and with
The PRESIDENT pro tempore. The Senator from Connecti hold my vote.
cut asks that tlie amendment proposed by the Senator from
The roll call was concluded.
Utah [Mr. S u t h e r l a n d ] be a l s o read. If agreeable to the Sena
Mr. DU PONT. I have a general pair with tlie senior Sen
tor from Utah, that will be done.
ator from Texas [Air. C ulberson]. He is absent from the
1913.
CONGRESSIONAL EECOED— SENATE.
The PRESIDENT pro tempore (when Mr. Gallinger’ s name
Chamber, and I therefore withhold my vote. If I were free
was called). The occupant of the chair again announces his
to vote, I should vote “ vea ” on this amendment.
Mr. ASHURST. I have been requested to announce that the pair with the junior Senator from New York [Mr. O’Gorman].
Senator from Montana [Mr. M y e r s ] is paired with the Senator He transfers that pair to the junior Senator from Massachu
t'i'om North Dakota . [Mr. Gronna] and that they are both ab setts [Mr. Crane ]. The Chair is informed that if those two
sent on business of the Senate.
Senators were present the Senator from New York would vote
Mr. CHILTON. I have just been informed that the ar “ yea ” and the Senator from Massachusetts “ nay.” The Chair
rangement as to the transfer of my pair with the senior Sen votes “ nay.”
ator from Illinois [Mr. C u l l o m ] stands for this vote also, and
Mr. GARDNER (when his name was called). Under the an
1 therefore desire to vota I vote “ nay.”
nouncement just made by the Chair, I am at liberty to vote. I
While I am on mv feet, I desire to make the same announce vote “ yea.”
ment as t o my colleague [Mr. W a t s o n ] a s on the previousTssoll
Mr. LIPPITT (when his name was called). I have a general
call.
pair with the senior Senator from Tennessee [Mr. L ea ]. On
The result was announced—yeas 29, nays 38, as follows:
uestions involving a two-thirds vote, by agreement with him I
ii relieved from that pair, and therefore I vote “ nay.”
YEAS—29.
Mr. SWAN-SON (when the name of Mr. M a r t i n of Virginia
Ashurst
Nelson ,
Sanders
Dillingham
Branaegee
vv%s called). My colleague [Mr. M a r t i n o f Virginia] is de
Smoot
Oliver
Gamble
Brown
Sutherland
Penrose
Gore
tained from the Senate on account of sickness. As stated by
Burnham
Wetmore
Guggenheim
Percy
th| Senator from Kansas [Mr. B r i s t o w ] , my colleague is paired
Burton
Works
Perkins
Jackson
Clark, Wyo.
with the junior Senator from South Dakota [Mr. C r a w f o r d ] .
Johnson, Me.
Perky
Aununins
Pomerene
Jones
If|ny colleague were present, he would vote “ yea.”
Curtis
McCumber
liiehardson
Ilr. RICHARDSON (when his name was called). I transfer
NAYS—38.
m f pair with the junior Senator from South Carolina [Mr.
Bankhead
S | u t i i ] to the Senator from Illinois [Mr. C u l l o m ] a n d will
Smith, Ga.
Dixon
Lodge
Borah
Smith. M
d.
McLean
Fletcher
vwte. I vote “ nay.”
Bourne
Stephenson
Overman
Gal linger
Bristow
Bryan
Catron
Chamberlain
Chilton
Clapp
Clarke, Ark.
Crane
Crawford
Culberson
Cullom
Owen
Gardner
Page
Hitchcock
Paynter
Johnston, Ala.
Poindexter
Kavanaugli
Shively
Kenyon
Simmons
Kern
Smith, Ariz.
La Follette
V
NOT ■ OTING—28.
Martin. Va.
du Pont
Martine, N. J.
Fall
Massey
Foster
Myers
Gronna
Johnston, Tex.
Ncwlands
O’Gorman
Lea
Lippitt
Reed
■ Swanson
Thomas
Thornton
Townsend
Williams
Root
Smith, M
ich.
Smith, S. C.
Stone
Tillman
Warren
Watson
So Mr. S u t h e r l a n d ’ s amendment to the amendment made as
m Committee of the Whole was rejected.
The PRESIDENT pro tempore. The question now is upon
concurring in the amendment made as in Committee of the
Woe
hl .
Mr. DIXON. I ask that the amendment made as in Com
mittee of the Whole be read.
The PRESIDENT pro tempore. The Secretary will read as
^quested.
The S e c r e t a r y . The amendment made as in Committee of
tlie Whole Avas, on page 1, line 9, after the words “ as follows, ’
r° strike out :
^ The executive power shall he vested in a President of the United
voltes of America. He shall hold his office during the term of six
V,ars uud shall be ineligible to a second term, and. together with the
President, who shall hold for a like term, and shall also be mSU to a second term, be elected as follows:
ile
And in lieu thereof insert:
o.fhe executive power shall be vested in a President of the United
s of America. The term of the office of President shall be six
.i<-drs; and no person who lias held the office by election, or discharged
liw 0W
ers or duties, or acted as President under the Constitution and
h ' ruade in pursuance thereof shall he eligible to hold again the office
yrelection.
f„Tue President, together with a Vice President chosen for the same
u, shall bo elected as follows:
/ Mr. R O O T (when his name w as c a lle d ). I again announce
lay pair w ith the junior Senator from T e xas [M r. J o h n s t o n ]
and withhold m y vote. I f I were at liberty to vote, I should
Vote “ nay.”
Mr. SMITH of Georgia (when his name was called). I vote
“ yea.” While on my feet, I desire to announce that the senior
Senator from Georgia [Mr. B a c o n ] has been detained until
to-day at home by sickness in his family. He hopes to be here
to-morrow.
Mr. TOWNSEND (when the name of Mr. S m it h of Michigan
was called). I desire to state that the senior Senator from
Michigan [Mr. S m it h ] is absent on business and is paired
with the junior Senator from Missouri [Mr. R e e d ] .
Mr. KERN (when the nam e of Mr. S m it h of South Carolina
was called). I desire again to state that the Senator from
South Carolina [Mr. S m it h ] is unavoidably absent on account
of illness in his family.
Mr. CLARK of Wyoming (when the name of Mr. W a r r e n
was called). I desire to announce the unavoidable absence of
my colleague [Mr. W a r r e n ] . He is paired with the senior
Senator from Louisiana [Mr. F o s t e r ] .
Mr. CHILTON (when Mr. W a t s o n ’ s name was called). I
again announce the pair of my colleague [Mr. W a t s o n ] w i t h
the Senator from New Jersey [Mr. B r i g g s ] .
The roll call was concluded.
Mr. SANDERS. I wish to announce the unavoidable absence
of the senior Senator from Tennessee [Mr. L e a ] .
Mr. SIMMONS. I have been requested to state that the Sena
tor from Texas [Mr. C u l b e r s o n ] is paired with the Senator
from Delaware [Mr. d u P o n t ] . I f the Senator from Texas were
present and at liberty to vote, he would vote “ y e a .”
Mr. DU PONT. In view of the statement just made by the
Senator from North Carolina [Mr. S i m m o n s ] , I feel at liberty
to vote. I vote “ yea.”
Mr. ASHURST. I have been requested to announce that the
Senator from Montana [Mr. M y e r s ] and the Senator from
North Dakota [Mr. G r o n n a ] are both absent from the Senate
on business of the Senate, and that those Senators are paired.
If present the Senator from Montana would vote “ yea,” and the
Senator from North Dakota would vote “ nay.”
The result was announced—yeas 47, nays 23, as follow s:'
?he amendment was concurred. a .
ijn ‘“ "‘ VMuuicut w<io a l , ui jvu in.
iu iu
l;
it
re-id- ‘)oint resolution was ordered to be engrossed for a third
, rp!u i and read the third time.
\
tom!36 R E S ID E N T pro tempore. The question is, Shall the ;
M . r®
solu«on pass?
CousutCUMMlNSPresident, in view of the fact that the Ashurst
t\ tituthm requires this joint resolution to be adopted by a Bankhead
V
/Branaegee
Tb
v°te> I call for the yeas and nays.
CORESIDENT Pro tempore. The Chair will state that EBrown
1 Bryan
^hirH ' 10 ^ueshon of the passage of the joint resolution a two- Bi^nham
Vfln as v°te is required. The Senator from Iowa demands the Bprton
Catron
™ aml nays.
Chamberlain
to n fi ^eas an< nays were ordered, and the Secretary proceeded Chilton
i
Clark, Wyo.
cap the roll.
am r PRiSTOW (when Mr. C r a w f o r d ’ s name was called). I Clarke, Ark.
Southr*68^ to state that upon this vote the Senator from
tor f i)a^cta [Mr. C r a w f o r d ] i s paired with the senior Sena- Borah
frmvi r-\ Virginia [Mr. M a r t i n ] and with the junior Senator Bourne
-m
iBradley
Mr m * ei,sey ^ P ’- M a r t i n e ] ,
T
-Bristow
Sen-if . F PONT. I again announce my pair with the senior Ulapp
Curtis
or from Texas [Mr. C ulberson ] and withhold my vote.
1
YEAS—47.
McCumber
Cummins
Nelson
Dillingham
Newlands
du Pont
Overman
Fletcher
Owen
Gamble
Paynter
Gardner
Penrose
Guggenheim
Percy
Hitchcock
Perkins
Johnson, Me.
Johnston, Ala.
Perky
Kavanaugli
Pomerene
Kern
Simmons
NAYS—23.
Lippitt
Dixon
Lodge
Gallinger
McLean
Jackson
Oliver
Jones
Page
Kenyon
Poindexter
La Follette
Smith, Ariz.
Smith, Ga.
Smith, Md.
Smoot
Sutherland
Swanson
•Thomas
Thornton
Wetmore
Williams
Works
Richardson
Sanders
Shively
Stephenson
Townsend
00XG11ES8I0
2420
NOT VOTING—25.
Massey
Foster
Myers
Gore
o Gorman
Groana
Johnston. Tex.
Iteed
Boot
Lea
Martin. \ a.
Smith, Mich.
Marline. N. J.
Smith, S. C.
-SENATE.
F
e b r u a r y
{
Tliit the provisions of this section shall not apply to aliens
arriving in Guam or Hawaii; but if any such alien, not having
become a citizen of the United States, shall later arrive at anv
port or place of the United States on the North American Con
tinent the provisions of this section shall apply.
p- Sec. 3. That the following classes of aliens shall be excluded
fo m admission into the United States: All idiots, imbeciles
Tlie PRESIDENT pro tempore. Upon the final passage of the feeble-minded persons, epileptics, insane persons, and persons
joint resolution the yeas are 47 and the nays are 23. More hvlio have been insane within five years previous; persons win
than two-thirds of the Senators present having voted in the have had one or more attacks of insanity at any time previously,
affirmative, the joint resolution is passed.
paupers; persons likely to become a public charge; professional
beggars; vagrants; persons afflicted with tuberculosis in aA
IM M IG R A T IO N OF A L IE N S .
form or with a loathsome or dangerous contagious disease; pei.
Sir. LODGE submitted the following report:
sons not comprehended within any of the foregoing excluded
The committee of conference on the disagieeing totes of the classes who are found to be and are certified by the examinino
two Houses to the bill (S. 3175) entitled “An act to regulate the surgeon as being mentally or physically defective, such mental
immigration of aliens to and the residence of aliens in the or physical defect being of a nature which may affect the
United States” having met. after full and free conference, have ability o f such alien to earn a living; persons who have beou
agreed to recommend and do recommend to their respective convicted of or admit having committed a felony or other crime
or misdemeanor involving moral turpitude; polygamists, 0l.
Houses as follow s:
That the Senate recede from its disagreement to the amend persons who admit their belief in the practice of polygamy
ment of the House and agree to the same with an amendment anarchists, or persons who believe in or advocate the overthrow
by force or violence of the Government o f the United States, 0l.
as follows:
Strike out the text inserted by the House amendment and of all forms of law, or who'disbelieve in or are opposed to'organized government, or who advocate the assassination of public
insert in lieu thereof the follow ing:
“ That the word ‘ alien ’ wherever used in this act shall in officials; persons who are members of or affiliated with any or
clude any person not a native-born or naturalized citizen of ganization entertaining and teaching disbelief in or opposition
the United States; but this definition shall not be held to include to organized government, or who advocate or teach the duty
Indians not taxed or citizens o f the islands under the jurisdic necessity, or propriety of the unlawful assaulting or killing 0f
tion of the United States. That the term ‘ United States ’ as any officer or officers, either of specific individuals or of officers
used in the title as well as in the various sections of this act generally, of the Government* o f the United States or of any
shall be construed to mean the United States and any waters, other organized government, because of his or their official char
territory, or other place subject to the jurisdiction thereof, ex acter; prostitutes, or women or girls coming into the United
cept the Isthmian Canal Zone; but if any alien shall leave the States for the purpose of prostitution or for any other immoral
Canal Zone and attempt to enter any other place under the purpose; persons who procure or attempt to bring in prostitutes
jurisdiction of the United States, nothing contained in this act or women or girls for the purpose of prostitution or for any
shall be construed as permitting him to enter under any other other immoral purpose; persons who are supported by or receive
conditions than those applicable to all aliens. That the term in whole or in part the proceeds of prostitution; persons herein
‘ seamen ’ as used in this act shall include every person signed after called contract laborers, who have been induced, assisted
on the ship’s articles and employed in any capacity on board encouraged, or solicited to migrate to this country by offers or
any vessel arriving in the United States from any foreign port promises of employment, whether such offers or promises are
true or false, or in consequence of agreements, oral, written or
or place.
“ That this act shall be enforced in the Philippine Islands by printed, express or implied, to perform labor in this country
officers of the General Government thereof designated by appro of any kind, skilled or unskilled; petsons who have come in
consequence of advertisements for laborers printed, published
priate legislation of said Government.
“ Sec. 2. That there shall be levied, collected, and paid a tax or distributed in a foreign country; persons who have been de
of $5 for every alien, including alien seamen regularly admitted ported under any of the provisions of this act, and who may
as provided in this act, entering the United States. The said again seek admission within one year from the date of such
fax shall be paid to the collector of customs of the port or cus deportation, unless prior to their reembarkation at a foreign
toms district to which said alien shall come, or, if there be no port, the Secretary o f Commerce and Labor shall have consented
collector at such port or district, then to the collector nearest to their reapplying for admission; persons whose ticket or pas.
thereto, by the master, agent, owner, or consignee of the ves sage is paid for with the money of another, or who is assisted
sel, transportation line, or other conveyance or vehicle bringing by others to come, unless it is affirmatively and satisfaetorily
such alien to the United States, or by the alien himself if he shown that such person does not belong to one o f the foregoing
does not come by a vessel, transportation line, or other convey excluded classes; persons whose ticket or passage is paid for by
ance or vehicle. The tax imposed by this section shall be a any corporation, association, society, municipality, or foreign
lien upon the vessel or other vehicle of carriage or transporta Government, either directly or indirectly; stowaways, except
tion bringing such aliens to the United States, and shall be a that any such stowaway may be admitted in the discretion of
debt in favor of the United States against the owner or owners the Secretary of Commerce and Labor; all children under iq
of such vessel or other vehicle, and the payment of such tax may years of age, unaccompanied by one or both of their parents, at
be enforced by any legal or equitable remedy. That the said the discretion of the Secretary of Commerce and Labor or under
tax shall not be levied on account of aliens who have in ac such regulations as he may from time to time prescribe; persons
cordance with law declared their intention of becoming citizens who can not become eligible, under existing law, to become citi
of the United States or on account o f aliens who shall enter the zens of the United States by naturalization, unless otherwise
United States after an uninterrupted residence o f at least one provided for by existing agreements as to passports, or by
year, immediately preceding such entrance, in the Dominion of treaties, conventions, or agreements that may hereafter be en
Canada, Newfoundland, the Republic o f Cuba, or the Republic tered into. The provision next foregoing, however, shall not
of Mexico, nor on account of otherwise admissible residents of apply to persons of the following status or occupations: Gov
any possession of the United States, nor on account o f aliens in ernment officers, ministers or religious teachers, missionaries
transit through the United States, nor upon aliens who have lawyers, physicians, chemists, engineers, teachers, students’
been lawfully admitted to the United States and who later shall authors, editors, journalists, merchants, bankers, and travelers
go in transit from one part of the United States to another for curiosity or pleasure, nor to their legal wives or their chil
through foreign contiguous territory: P r o v id e d , That the Com dren under 10 years of age who shall accompany them or who
missioner General of Immigration, under the direction or with subsequently may apply for admission to the United States, but
the approval of the Secretary of Commerce and Labor, by agree such persons or their legal wives or foreign-born children who
ment with transportation lines, as provided in section 23 of this fail to maintain in the United States a status or occupation
act, may arrange in some other manner for the payment o f the placing them within the excepted classes shall be deemed to be
tax imposed by this section upon any or all aliens seeking ad in the United States contrary to law, and shall be subject to de
mission from foreign contiguous territory: P r o v id e d fu r t h e r , portation as provided in section 19 of this act.
That said tax. when levied upon aliens entering the Philippine
“ That after four months from the approval of this act. hi
addition to the aliens who are by law now excluded from ad
mission into the United States, the following persons shall also
foreign be excluded from admission thereto, to w it:
contiguous territory and rejected, the head tax collected shall
“ All aliens over 1G years of age, physically capable of read
upon application be refunded to the alien: P r o v id e d f u r th e r , ing, who can not read the English language or some other
Bacon
Briggs
Crane
Crawford
<'ulberson
Cullom
Fall
Stone
Tillman
Warren
Watson
1913
CONGRESSIONAL RECORD— SENATE.
ormation regarding tlie resources, products, and physical char
acteristics of each State and Territory, and shall publish such
information in different languages and distribute the publicap!°n® among all admitted aliens at the immigrant stations of
the United States and- to such other persons as may desire the
smne. When any State or Territory appoints and maintains an
agent or agents to represent it at any of the immigrant sta
tions of the United States, such agents shall, under regulations
Prescribed by the Commissioner General of Immigration, sub
ject to the approval of the Secretary of Commerce and Labor,
“ ave Recess to aliens who have been admitted to the United
plates for the purpose of presenting, either orally or in writing,
he special inducements offered by such State or Territory to
aliens to settle therein. While on duty at any immigrant sta^°h such agents shall be subject to all the regulations pre
scribed by the Commissioner General of Immigration, who,
dh the approval of the Secretary of Commerce and Labor,
rv
ud’> f°T violation of any such regulations, deny to the agent
,,
of such violation any of the privileges herein granted.
. ®E - 31. That any person, including the owner, agent, conC
gnee, or master of any vessel arriving in the United States
t1Cm hhy foreign port or place, who shall knowingly sign on
e ship’s articles, or bring to the United States as one of the
to7 ° f such vessel, any alien, with intent to permit such alien
of fiQ*
<
United States in violation of the laws and treaties
wli °i ^ uite<4 States regulating the immigration of aliens, or
shall falsely and knowingly represent to the immigration
firlp °llties a4 U*e P°rt ° f arrival that any such alien is a bona
® ember of the crew, shall be liable to a penalty not exceed& 'po,000, for which sum the said vessel shall be liable and
y be seized and proceeded against by way of libel in any dis*:iet court of the United States having jurisdiction of the
oitengA.
Tt -^E - 32. That no alien excluded from admission into the
C
emted States by any law or treaty of the United States reguating (he immigration of aliens, and employed on board any
^cssel arriving in the United States from any foreign port or*
PJ
ace, shall be permitted to land in the United States, excejSt'
CRiporarily for medical treatment, or pursuant to regulation
Prescribed by the Secretary of Commerce and Labor providing
rcr the ultimate removal or deportation of such alien from the
baited States, and the negligent failure of the owner,-: agent,
Rsignee, or master of such vessel to detain on board ghy such
L 1 after notice in writing by the immigration officeivin charge
pa
sum < po1!4 04 arr*vaJ, hhd to deport such alien, if Squired by
immigration officer or by the Secretary of Commerce and
lhm01\. sllaI1 render such owner, agent, consign#, or master
Vess i '0 a Penalty not exceeding $1,000, for which sum the said
bv ° shall be liable, and may be seized and proceeded against
in T ay. ° f hbel in any district court of the United States havV
?, jurisdiction of the offense.
of fi
That it shall be unlawful and be deemed a violation
pi0 v Preceding section to pay off or discharge any alien ernanv f ,°? hoard any vessel arriving in the United States from
l a w s 16*® port or Place, unless duly admitted pursuant to the
11
Won
treaties of the United States regulating the immigraveshi a^eus '• P r o v id e d , That in case ally such alien intends to
Place l 0U hoai’d any other vessel bound to any foreign port or
Pin" f c shall be allowed to land for. the purpose of so reshiphis& ^ t may
eff
paid off. discharged, and permitted to remove
the corn • ailything in such laws tor treaties or in this act to
Posed „ Jary notwithstanding, provided due notice of such proch']vrrr.‘lCIl0u hrst be given to the principal immigration officer in
«
at the port of arrivak /
in a Ec- 84- That any alien seaman who shall desert his vessel
to the r . 0 . he United States or who shall land therein contrary
the TTn-+°Tisi<ms ° 4 Uiis act shall be deemed to be unlawfully in
thereaff
States and shall, at any time within three years
Lab0r i 11P011 the warrant of the Secretary of Commerce and
sPecia’l •
iuto custody and brought before a board of
hiissimi ^huh’y for examination as to his qualifications for adseainan Ji° 3 e United-States, and if not admitted said alien
this acf „ a11 1)6 WeportM at the expense of the appropriation for
“ Sec a£LPr°vided iff section 20 of this act.
Passen"’ov S 44la4 W shall be unlawful for any vessel carrying
a foretonS ae^
weeP' a port of the United States and a port of
:°antry. upon arrival in the United States, to have
011 board <
becilitV • GulP.h)Jcd thereon any alien afflicted with idiocy, imr
s°ffle
epilepsy, tuberculosis in any form, or a loathsatisfaoH h^agerous contagious disease, if it appears to the
exaniinnj-?u ot tlie Secretary of Commerce and Labor, from an
Public V /01? U
1a&} by a medical officer of the United States
atiy sU a}. Sei'vice, and is so certified by such officer, that
f.ii
a alien was so afflicted at the time he was shipped or
2427
engaged and taken on board such vessel and that the existence
of such affliction might have been detected by means
com
petent medical examination at such time; and f o r g e r y such
alien so afflicted on board any such vessel at the thatfi' of arrival
the owner, agent, consignee, or master thereof sjgni pay to the
collector of customs of the customs district ijpwhich the port
of arrival is located the sum of $25; and^Jo vessel shall be
granted clearance peliding the determinates of the question of
the liability to the payment of such fiiuj$nnd while it remains
unpaid: P r o v id e d , That clearance majyrne granted prior to the
determination of such question uponipie deposit of a sum suffi
cient to cover such fine: P r o v id e d w o 'th e r , That such fine may,
in the discretion of the Secretar^tof Commerce and Labor, be
mitigated or remitted.
J f
“ S e c . 3 0 . That upon a r m s ? o f any vessel i n the United
States from any foreign pq#tor place it shall be the duty of
the owner, agent, consigned’or master thereof to deliver to the
principal immigration ofifeer in charge of the port of arrival
lists containing the narags of all aliens employed on such vessel,
stating the positions M e y respectively hold in the ship’s com
pany, when and w|pre they were respectively shipped or en
gaged, and specifying those to be paid off and discharged In the
port of arrival; o#iists containing so much of such information
as the Secretary of Commerce and Labor shall by regulation
prescribe; an drafter the arrival of any such vessel it shall be
the duty of such owner, agent, consignee, or master to report
to such immigration officer, in writing, as soon as discovered,
all cases i^'Avhich any such alien has deserted the vessel, giv
ing a desBription of such alien, together with any information
likely t g lead to his apprehension; and before the departure of
any such vessel it shall be the duty of such owner, agent, con
signed or master to deliver to such immigration officer a fur
ther list containing the names of all alien employees who were
ru$f employed thereon at the time of the arrival, but who will
leave port thereon at the time of her departure, and also the
toames of those, if any, who have been paid off and discharged,
and of those, if any, who have deserted or landed or been duly
admitted; and in case of the failure of such owner, agent, con
signee, or master so to deliver either of the said lists of such
aliens arriving and departing, respectively, or so to report such
cases of desertion, or landing, such owner, agent, consignee, or
master shall, if required by the Secretary of Commerce and
Labor, pay to the collector of customs of the customs district in
which the port of arrival is located the sum of $10 for each
alien concerning whom correct lists are not delivered or a
true report is not made as above required; and no such vessel
shall be granted clearance pending the determination of the
question o f the liability to the payment of such fine and, in
the event such fine is imposed, while it remains unpaid, nor
shall such fine be remitted or refunded: P r o v id e d , That clear
ance may be granted prior to the determination of such ques
tion upon deposit o f a sum sufficient to cover such fine.
“ S ec . 37. The word ‘ person ’ as used in this act shall be con
strued to import both the plural and the singular, as the case
may be, and shall include corporations, companies, and associa
tions. When construing and enforcing the provisions of this
act, the act, omission, or failure of any director*, officer, agent,
or employee of any corporation, compauy, or association acting
within the scope of his employment or office shall in every case
be deemed to be the act, omission, or failure of such corpora
tion, company, or association, as well as that of the person act
ing for or in behalf of such corporation, company, or associa
tion.
“ Sec. 38. That this act, except as otherwise provided in sec
tion 3, shall take effect and be enforced from and after July 1,
3913. The act of March 2G, 1910, amending the act of February
20, 1907, to regulate the immigration of aliens into the United
States; the act of February 20, 1907, to regulate the immigra
tion of aliens into the United States, except section 34 thereof;
the act of March 3, 1903, to regulate the Immigration of aliens
into the United States, except section 34 thereof; and all other
acts and parts of acts inconsistent with this act are hereby re
pealed on and after the taking effect of this act: P r o v id e d ,
That this act shall not be construed to repeal, alter, or amend
existing laws relating to the immigration or exclusion of Chinese
persons or persons of Chinese descent, nor to repeal, alter, or
amend section G chapter 453, third session Fifty-eighth Con
,
gress, approved February G 1905, or the act approved August
,
2, 1882, entitled ‘An act to regulate the carriage of passengers
by sea,’ and amendments thereto: P r o v id e d , That nothing con
tained in this act shall be construed to affect any prosecution,
suit, action, or proceedings brought, or any act, thing, or matter,
civil or criminal, done or existing at the time of the taking
effect of this act, except as mentioned in the last proviso of sec-
February 1
CON GRESSI ON A L ERCORD— SENATE.
2428
tion 19 hereof; but as to all such prosecutions, suits, actions,
proceedings, acts, things, or matters, the laws or parts of laws
repealed or amended by this act are hereby continued in force
and effect.”
IT. C. Lobge,
W m . P. D illingham ,
L e R oy P ercy ,
M a n a g er s o n .t h e p a rt o f th e S en a te .
J o h n L. B urnett ,
A ugustus P. G ardner ,
M a n a g er s on th e p a rt o f th e H o u se .
The report was agreed to.
REPORT OE POTOMAC ELECTRIC POWER CO. ( S. DOC. NO. 1053).
In the general assembly read three times and ratified this tlic 29th
da y of January, 1913.
R N. r „ A R
R<
President pro tempore/ of the Senate
G eo. W . C onnor,
Speaker of the House of Representatives'
Examined and found correct.
/ ,
„
Newell, f o r C o m m i t t e e .
Stati
of
N o r t h C a r o l in a
D e p a r t m e n t of St a t e ,
Ralcfgli, January 30, lots
I. .T Bryan Grimes, secretary of state of the State of North Carolina
.
do hereby* certify the foregoing aud attached /w o sheets to be a true
copy from the records of this office.
/
l i i witness whereof I have hereunto set i n y hand and affixed my
official seal.
/
Done in office at Raleigh, this 30th day of/Tanuary, in the year of 0Ul.
Lord 1913.
[ sdal. ]
/
J. B ryan Grimes ,
Secretary of State.
The PRESIDENT pro tempore laid before She Senate the
annual report of the Potomac Electric Power Go. for the year
The PRESIDENT pro tempore presented resolutions adopted
ended December 31, 1912, which was referred to the Committee by the Philippine Assembly favoring the enactment of the soon the District of Columbia and ordered to be printed.
called Jones hill, providing independence for the people of the
REPORT OF WASHINGTON RAILWAY & ELECTRIC CO,ff S. DOC. NO. 1017). Philippine Islands, which were referred to the Committee on
The PRESIDENT pro tempore laid before#he Senate the an the Philippines.
lie also presented a memorial of sundry members of the
nual report of the Washington Railway & Electric Co. for the
year ended December 31. 1912, which was referred to the Com Little Russian National Union, residents of the State of Ohio
remonstrating against the adoption of the so-called “ illiteracy
mittee on the District of Columbia and ordered to be printed.
test” amendment to the immigration hill, which was ordered to
REPORT OP ANACOSTIA & POTOMAC RIVER RAILROAD CO. (S. DOC. lie on the table.
NO. 1048).
A
Mr. CULLOM presented a petition of sundry citizens of Hum.
The PRESIDENT pro tempore laid before the Senate the an boldt, III., praying for the passage of the so-called Kenyonnual repo# of the Anacostia & PotomaqgRiver Railroad Co. for Sheppard interstate liquor bill, which was ordered to lie on the
ual report
Potomac,.River
the year ended December 31, 1912, width was referred to the table.
He also presented a petition of the Trades and Labor Assem
Committee on the District of Columbia and ordered to be
bly of Alton. 111., praying for the enactment of legislation to
printed.
further restrict immigration, wbicli was ordered to lie on the
REPORT OF CITY & SUBURBAN RAILWAY (S. DOC. NO. 1049).
table.
Mr. PAGE presented a memorial of the congregation of the
The PRESIDENT pro tempore laid before the Senate the an
nual report of the City & Suburban Railway o f Washington Seventh-day Adventist Church of Wolcott, Vt., remonstrating
for the year ended December 31, 1912, which was referred to the against the enactment of legislation compelling the observance
Committee on the District of Columbia and ordered to be printed. of Sunday as a day of rest in the District of Columbia, which
was ordered to lie on the -table.
REPORT OF BRIGMTWOOD RAILWAY CO. ( S. DOC. NO. 1050).
Mr. DU PONT presented';! petition of the congregation of the
The PRESIDENT pro tempore laid before the Senate the an First Baptist Church, o f New Castle, Del., praying for the pas
nual report of the Rrlghtwood Railway Co. for the year ended sage of the so-called Kenyon-Sheppard interstate liquor hill,
December 31,1912, which was referred to the Committee on the which was ordered to lie on the table.
District of Columbia and ordered to be printed.
REPORTS OF*COMMITTEES.
REPORT OE GEORGETOWN
TENNALLYTOWN RAILWAY CO. ( S. DOC.
\NO. 1051 ) .
The PRESIDENT pro 11anpore laid before tbe Senate the an
nual report of the Georgetown & Tennallytown Railway Co. for
the year ended December 31. 1912, which was referred to the
Committee on the District jfe Columbia and ordered to be printed.
REPORT OE THE CAPITAL TRACTION CO. ( H. DOC. NO. 132 t ).
The PRESIDENT pro;tempore laid before the Senate the an
nual report of the Capital Traction Co. for the year ended De
cember 31. 1912, whiejj was referred to the Committee on the
District of Columbia and ordered tp be printed.
REPORT OF GEORGETOWN GAS LIGHT CO. ( II. DOC. NO. 13 24).
The PRESIDENT-''pro tempore laid before the Senate the an
nual report of the Georgetown Gas Light Co. for the year ended
December 31, 1912, which was referral;Jo the Committee on the
District of Columbia and ordered to be printed.
tPETITIONS AND MEMORIALS.
Mr. CATRON, from the Committee on Military Affairs, to
which was referred the hill (S. 8139) for the relief of W ill mm
W. Prude, reported it without amendment and submitted a re
port (No. 1173) thereon.
Mr. BRISTOW, from the Committee on Military Affairs, to
which was referred the bill (II. R. 17256) to fix the status of
officers of the Army and Navy detailed for aviation duty, and
to increase the efficiency of the aviatiomservice, reported it with
amendments and submitted a report (No\1174) thereon.
lie also, from the same committee, to
was referred 1lie
bill (S. 0371) to fix the status of officers
the Army detailed
for aviation duty, and to increase the
ncy of the avia
tion service, reported adversely thereon,
bill was postponed indefinitely.
Mr. PENROSE, from the Committee on Finance, tb which was
referred the bill (H. It. 2359) to refund certain tonnage taxes
and light dues, reported it without amendment.
BILLS INTRODUCED.
Bills were introduced, read the first time, and, by unanimous
The PRESIDENT pro tempore presented a joint resolution consent, the second time, aud referred as follows:
adopted by tbe Legislature of North Carolina, which was
By Mr. McLEAN:
ordered to lie on the table and to be printed in the R ecord, as
A bill. (S. 8333) granting an increase of pension to Emily n.
follow s:
Bailey (with accompanying papers) ; and
Joint resolution memorializing the Congress of the United States to
A bill (S. 8334) granting an increase of pension to Mary j.
pass the Wehp-Kenyon-Sheppard bill, relative to shipping liquors into Mac-kin (with accompanying papers) ; to the Committee orr
prohibition territory.
Whereas tbe State of North Carolina, by a direct vote pf the people, has Pensions.
By Mr. OWEN:
prohibited the manufacture and sale of liquors; and
Whereas the Federal Government under its present laws protects ihp
Yhe
A bill (S. S335) to establish the legislative reference bureau
liquor traffic outside of the State in shipping and delivering their of the Library of Congress and the congressional corps of legis
liquors to .Illicit dealers within the State of North Ca&dina, thus in
terfering With the State in the enforcement of her liquor laws : ana lative investigators, and to maintain them until July 1, 19*44Whereas there is now pending in the Congress of the United State* to the Committee on the Library.
’
a measure known as the Webb-Kenyon-Sheppard bill (S. 4043), which!
By Mr. SUTHERLAND :
has as its purpose the prevention of interstate shipment of liquors V
A bill (S. 8336) granting to the civilian CR^loyees of the
which are to be disposed of in violation of the State law s; Therefore
be it # ________
' ■______ tc .
_
United States the right to receive from it compensation for in
Resolved by the house of representatives ( the senate concurring), juries sustained in the course qf their employment; to the Com
That the Congress of the United States be, and the same lsvheiebj, mittee on the Judiciary, i^**^*****^ —
earnestly memorialized and requested to pass the said Webb-^enyonShepparo bill at the earliest possible date ; and be it further
J{esolved That a copy of these resolutions, properly certified, he for
warded at once to the Speaker of the House of Representatives aud to
the President of the Senate of the United States.
AMENDMENTS TO APPROPRIATION BILLS.
„ ___
Mr. FLETCHER submitted an amendment providing for the
survey of tlie channel from St. Johns River to Crescent City,
r
J fr
_
1
1913
CONGRESSIONAL RECORD— SENATE.
I’ la., intended to be proposed by him to the river and harbor
appropriation bill, which was referred to the Committee on
‘ 'onnnerce and ordered to be printed.
\Ie also submitted an amendment providing for a harbor ol
1
‘efNge for the safe anchorage of vessels at Key West. 11a.,
°tc., Yu tended to be proposed by him to the river and harboi
appropriation bill, which was referred to the < ommittee on
Commence and ordered to be printed.
r
Mr. B M A N submitted an amendment providing for the imProvemeniV>f the harbor at Miami (Biscayne-Bay), Fla., etc-.,
intended to \ e proposed by him to the river j^id harbor appro
priation billYwhicli was referred to the ^dmmittee on ( 0111nierce aml ordered to be printed.
.
. . .
Mr. rENltOSj'] submitted an aihendnient providing for in
definite leaves orktbsence under certain Conditions for employees
in the postal serwce who have become incapacitated through
superannuation, et\, intended to lie proposed by him to the
i ost Office appropriation bill, which was referred to the Com
mittee on Post Offices\nd Post 1 toads and ordered to be printed.
Mr. CURTIS submitted an amendment proposing to appro
priate .$
2,000 to completeSlhe sidewalks, curbing, etc., around the
llew post-office building \ Clay Center, Kans.. intended to be
Proposed by him to the sundry civil appropriation bill, which
Was referred to the Coimnmye on Appropriations and ordered
to be printed.
Mr. BRANDEGEE submitte.r-yn amendment proposing to ap
propriate $100,000 to procure fmuthe Bureau of Standards a
arge testing machine of fine quimly for transverse loads on
Punt-up beams, bridge girders, etc., intended to be proposed by
, 1111 to the sundry 4 ivil appropriatioi^kill, which was referred
5
0 the Committee On Appropriations an<ȣ>rdered to be printed.
Ml-. HITCHCOCK submitted an amendment proposing to in
crease the number of post-office inspectors i^fiiarge ol divisions,
M $8,000 each, from 35 to 10 , etc., intended'Tv be proposed by
h| to tlie Post Office appropriation bill, whic%vas referred to
ln
he Committee on Post Offices and Post Roads^nd ordered to
be Printed#
1
Mr. DU. PONT submitted an amendment proposing to appro
priate $50000 for tlie acquisition by purchase or cowflemnation
of land for a suitable range for Field Artillery targe^ywactice,
etc., intended to be proposed by him to the Army appreciation
mil. vv0iich was referred to the Committee on MilitaryItafairs
and gtRered to be printed.
%
Mf* WETMORE submitted an amendment proposing to
Prop'riate $50,000 for continuing the improvement of the han-oq
?t fefuge, Block Island, R. I., Intended to be proposed by hin
0 the river and harbor appropriation bill, which was referred
0 tlie Committee on Commerce and ordered to be printed.
Mr. JONES submitted an amendment providing for a survey
°r the Apoon mouth of the Yukon River, etc., intended to be
Proposed by him to tlie river and harbor appropriation bill,
*'mob was referred to tlie Committee on Commerce and ordered
10 be Printed.
THE SENATE CHAMBER.
Pbe PRESIDENT pro tempore. On the 15t day of January
5th
uo Senate adopted a resolution (S. Res. 432), which the Sec-re
T
ary will read,
a
p he Secretary 1C IU CO 1U IU 5 .
v xj' ref as follow s:
.vw read I
<
J 5D
au t ' h o T h a t the President of the Senate pro tempore Is hereby
'nittepo? m°. aP oint * special committee of five Senators. Said comP
*
fhe Son. . * investigate and at the earliest practicable date report to
tho
whether it is feasible and desirable to improve or remodel
_ caate Chamber and the rooms thereunto appertaining.
],1 • e PRESIDENT pro tempore. Under the terms of the reso(
°? *-lie Chair appoints Mr. R e e d , Mr. O l i v e r , Mr. C u m m i n s ,
J lr
• E ip p ix t , a n d M r . O w e n m e m b e r s o f tlie s p e c ia l c o m m it t e e .
**
report
oe
n a t io n a l
academ y
of
s c ie n c e s .
A -i.V WETMORE. I present tlie annual report of the National
c
Sciences for tlie fiscal year 191j$, Ss required by
hetifi
rj be same statute provides for tIre- printing, so that no
m,....1 011 tlie part of the Senate is required. I ask that the
*
Tl n ay,lie ou tlie table.
tab]ee PRESIDENT pro tempoyfll r The report will lie on the
T H E ^HJDERAL AD M JJK ^TK A TIVE
(s .
DOC. NO.
1 0 5 1 ).
b E ^ H X I V ' I have a copy of an article by Jasper
f’a f .. „ !nt°n, assistant United states attorney, Puna
Pa
a.ssi^tunt united States
Philadelphia'
Some j.«nvers'find .problems of the Federal s
adminisUfat tlie'
f regard as a VQTy -v-aifiable document. I ask
be printed as a Senate doemfient.
pro tempore. Without objection, it is so
Jrf
CON NECTICUT RIVER DAM .
t ii
U
" i BRANDEGEE. Mr. President, I should like to have a
e better order in the Chamber.
2429
The PRESIDENT pro tempore. The Senate will be in order.
The Senat.o0.from Connecticut complains that on account of (he
confusion ho',.is unable to make liimself heard.
Mr. BRANDEGEE. I wanted order so that Senators might
hear me while I make a request for unanimous consent. I did
not want anyy question to arise about Senators understanding
the request.
The PRESIDENT pro tempore. The Senate will be in order.
Mr. BRANDEGEE. Mr. President, there lias been upon the
calendar for seyera 1 weeks an important bill concerning file
authorization of a dam across the Connecticut River. There is
opposition to the measure on the part of some Senators, and
the views of the minority have been filed. It is very important
that action of soitoe kind shall he taken upon it at this session
if possible. I havke conferred with the Senator who drew the
views of the lninlrity, and he has agreed with me and the
chairman of tlie YJommittee on Commerce and the Senator
under whose immaliate charge the hill is that it might be
taken up, if the o\\ev Senators would agree tq£it, on next
Thursday for consideration and action.
I send to the desk\i request for unanimous egfsent, which I
hope may be granted.!
The PRESIDENT pip 'tempore. The order -#111 be read.
The Secretary read a s follows:
^
It is agreed by unanim&is consent that on Thursday, February 0,
lusion of the routine morning business,
1913, immediately upon the
consideration of (senate bill 8033, Calen(lie Senate will proceed to t
dar No. 1001, authorizing
construction ofAi dam across ilie Connecticut Kiver, and before
journmout on .that legislative day will
vote upon any amendment
may be pending, all amendments that
may be offered, and upon the
1 through regular parliamentary stages
to its final disposition.
This agreement shall not
'ere with i|ic unanimous-consent agroement entered into on January 1 193 3, ciBcerning Senate hill 4043, to
prohibit interstate com
merce in .toxieahgng liquors in certain cases.
The PRESIDENT pro temf ■e.JF Is there objection to the
request of the Senator from
leliiciit ?
Mr. BORAH. Mr. President,
is bill apparently is of local
importance only; and it wc
ecm strange perhaps that I
should make any suggestions ab%it it; but the bill carries a
provision which establishes a polite, as I understand, with ref
erence to power sites in this ebuntr*
I am not sufficiently familiar w*h llic bill to express my
views as to how I would finally aettepon the matter, but it is
a matter of vital importance to tlia\ portion of the country
from which I have the good-fortune to\ome. There isnomeasre which will come before the Sena® at (his session of so
much importance to the jleople of the West as (his particular
measure. I only want to /say that, if we lire going now to take
steps to establish a polk-/ with reference <» conservation. I want
an opportunity to present a side of that subject which has not
yet been given very mjfcli attention.
Wc have succeeded#plendidly in tying uiteall the natural re
sources of the Westjfand, so far as they hale been tied up as
against waste and monopoly, the West does nek object; but they
have been tied up just as successfully and j\st as effectively
against the people/of the West. If a conservation policy is
now in its inception, I want, if 1 can, to attaenwo the measure
some provision which will also give some relief nk those wlio, in
good faith, are tj$*ing to avail themselves of somel»f the natural
resources of tM West. I wish, therefore, the Senator from
Connecticut wohld not make this request for unanimous consent
prior to Monday. It may be that by that time I c<tel d agree to
the date suggested by him, but it gives very little tine for dis
cussion in th l closing hours of the session, and veryWittle time
for consideration. 1 shall endeavor not io interferilwith (lie
consideration of the hill or the convenience of the S e n io r from
Connecticut* but, in view of its great importance to us,\ should
like to have the Senator defer his request until Mote lay at
least, and then I hope to be able to determine definitely i^Jietlier
or not I can get my amendment ready.
Mr. BRANDEGEE. Of course, Mr. President, I have toVield
\
to the request of the Senator.
MESSAGE FROM THE HOUSE.
A message from (lie House of Representatives bv D K
Hempstead, its enrolling clerk, announced that the House h-m
agreed to the concurrent resolution of the Senate No *’ 5 m ,
viding for the assembling of the two Houses of (loimress'for the
counting of the electoral votes for President and Vice President
of the United States.
The message also announced that (he House had appointed
Mr. R u c k e r of Missouri and Mr. Y o u n g of Michigan tellers o n
the part of the House.
CONGRESSIONAL RECORD— SENATE.
F
e b r u a r y
1
POPULAR GOVERNMENT.
The PRESIDENT pro tempore. The amendment will bo
Mr. OWEN. I ask unanimous consent for an order to print stated.
The S e c r e t a r y . After t h e amendment last agreed t o it ;s
1,000 copies of Senate Document No. 003, Sixty-first Congress
p r o p o s e d t o insert:
second session, which is exhausted.
To the
Jackson,
Mississippi, ono
Mr. WILLIAMS. Mr. President, before that is granted, re bronze or city ofcannon or in the State of a suitable outfit condemned
brass
fieldpiece and
of cannon
serving the right to object, what is the document?
balls.
1
1
Mr. OWEN. It is a document giving a list of the various
The amendment was agreed to.
statutes relating to the people’s rule system of government.
Mr. CLAPP. I offer the amendment which I send to the < ]ieK
Mr. WILLIAMS. I shall object to that.
Tho PRESIDENT pro tempore. The amendmeiir will foe
The PRESIDENT pro tempore. Objection is made to the re stated.
/
quest of the Senator from Oklahoma.
The Secretary. After the amendment last agreed to it IS
DONATION.OF CONDEMNED CANNON.
proposed to insert:
I
,
To the city of Bejlcvue, in the State of Ohio, one condemned bronze
Mr. SANDERS. I ask unanimous consent for the present
consideration of the bill (S. 8273) authorizing the Secretary of or brass cannon or fieldpiece and a suitable outfit of nnon balls.
The amendment was agreed to.
War tq make certain donations of condemned cannon and can
Mr. FLETCHER. Mr. President, I o ffe i/ the amendment
non bans,
The PRESIDENT pro tempore. The Senator from Tennessee which I send to the desk and ask to have read.
e PRES
The PRESIDENT pro tempore. The amendment ^ ill be
asks unanimous consent for the present consideration of a bill
stated.
the title < which will be stated.
M
The S e c r e t a r y . After tbe amendment last agreed to it ia
The S e c r e t a r y . A bill (S. 8273) authorizing the Secretary
of War tc\make certain donations of condemned cannon and proposed to insert:
cannon bal
To the city of Jacksonville, in the State of ^Florida, two condem
ned
There beifcg no objection, the Senate, as in Committee of the bronze or brass cannon or fieldpieces and a suitable outfit of caun0!,
balls.
Whole, proceeded to consider the bill. It authorizes the Secre
The amendment was agreed to.
tary of War to deliver condemned bronze or brass cannon or
Mr. CHILTON. Mr. President, I (
the amendment which
fieldpieces anAsuitable outfit of cannon balls as follows :
To the city %f Lancaster, in the State of Pennsylvania, for I send to the desk.
The PRESIDENT pro tempore,
e amendment will bo
the use of General William S. McCaskey Camp, No. 53, United
stated.
Spanish War Veterans;
T h e Secretary.
A f t e r t h e a m e n t ; lent last agreed to it is
To the town o i Washington, in the State of Mississippi, for
p r o p o s e d to insert :
i
the use of Jeffersfin College;
To tite Greenbrier Military Academy i t Lewisburg, in the State of
To the city of Cqrinth, in the State of Mississippi;
West Virginia, two condemned bronze oufl '•ass cannon or fieldpieces and
To the city of Grand Forks, in the State of North Dakota;
a suitable outfit of cannon balls.
To the city of Dakota, in the State of North Dakota;
The amendment was agreed to. /
To the State of Not^h Dakota, for use at the Fort Rice Memo
Mr. PAGE. Mr. President, I f i or the amendment which I
rial Park;
To the proper authorities of the State Soldiers’ Home at Port send to the desk.
The PRESIDENT pro tempope. The amendment will ],e
Orchard, Wash.;
\
stated.
/
To the city of Davenplrt, Wash
The S ecretary . After the amendment last agreed to it is
To the city of Trinidack in the State of Colorado, for the use
/
o f the Trinidad Post, No.^5, Grand Army of the Republic; and proposed to insert:
To tlio
of Lamoille, in lie
Vermont, two
To the city of .Rocky Fqrd, in the State of Colorado, for the bronze or county cannon or fieldpjtcesState of suitable outfit condemned
brass
and a
of cannon
use of the Wadsworth Pc&t, No. 93, Grand Army of the Re balls.
I
public.
\
The amendment was agreed to.
Mr. SANDERS. On beff&lf of the committee I offer the
Mr. SMOOT. I offer the amendment which I send to the desk.
amendment which I send to \he desk
The PRESIDENT pro t/mpore. The amendment will be
The PRESIDENT pro temi®re. The Senator from Tennessee stated.
/
offers an amendment, which \ 11 be stated.
$L
Tbe S e c r e t a r y . After /lie amendment last agreed to it IS
The S e c r e t a r y . On page 2, rnne 5, after the word “ Dakota,” proposed to insert:
/
it is proposed to strike out “ on$ ” and insert “ two.”
To the University of Utalf at Salt Lake City, In tbe State of Utah
The amendment was agreed t%
.
two condemned bronze or braps cannon or fieldpieces and a suitable outfit
/
Mr. SWANSON. Mr. President, I should like to offer an of cannon balls.
amendment. '
i
The amendment was /greed to.
Mr. OLIVER. Mr. President, I suggest that the Senator from
Mr. THOMAS. I move an amendment to include the Univer
Tennessee has a number of amendments to submit on behalf of sity of Colorado at Boulder, Colo.
the committee. Then other amendments would naturally be in
The PRESIDENT pro tempore. The amendment will be
order.
\
stated.
Mr. SANDERS. On behalf of tgie committee I offer the
The Secretary. After the amendment last agreed to it is
amendments which I send to the desk.
proposed to insert:
The PRESIDENT pro tempore. The amendments will be
To the University of Colorado at Boulder, in the State of Colored
7
A
i*A '/n r m c n A
lrln A
/l
• ’
two condemned h n A 1 '‘1c /'n rw n ai' fiA iA oe o-n o f"' ’ '—-’ oni-fu r
bronze or brass cannon or fieldpieces and a suitable . stated.
\
of cannon balls.
‘
cnt
The S e c r e t a r y . On p a g e 2 , a f t e r l i k e 1 2 , i t i s p r o p o s e d t o
The amendment was agreed to.
in s e r t:
\
The bill was reported to tbe Senate as amended, and the
To the city of Minot, in the State of North Dakota, one condem
ned
bronze or brass cannon or fieldpiece and a suitable outfit of cannon amendments were concurred in.
balls.
\
'
Mr. CLAPP. Mr. President, I move the amendment which I
On page 3, after line 2, to insert:
send to the d<jsk.
To the city of Eaton, in the county of Colfax and State of New
The PRESIDENT pro tempore. The amendment will be
Mexico, two condemned bronze or brass cannon and a suitable outfit stated.
of cannon halls.
The S ecretary. It is proposed to insert:
To the town of Lookout Mountain, in the State of Tennessee, two
condem
ned cannon and a suitable outfit of cannon balls.
To the city of Virginia, in the State of Minnesota, one condemned
bronze or brass cannon or fieldpiece and a suitable outfit of cannon balls.
The amendments were agreed to.
The amendment was agreed to.
Mr. SWANSON. I offer the amendment which I send to the
The bill was ordered to be engrossed for a third reading, read
desk.
The PRESIDENT pro tempore. The amendment will be the third time, and passed.
l a c e -m a k in g
and other
m a c h in e r y .
stated.
The S e c r e t a r y . Following the amendment just agreed to, it
Mr. LODGE. I ask unanimous consent for the present con
is proposed to insert:
sideration of the bill (LI. R. 12813) to refund duties collected
To the county of Mecklenburg, in the State of Virginia, two con on lace-making and other machines and parts or accessories
demned bronze or brass cannon or fieldpieces and a suitable outfit of thereof imported subsequently to August 5, 1909, and prior to
cannon balls.
January 1, 1911.
The amendment was agreed to.
The PRESIDENT pro tempore. Tbe Senator from Massa
Mr. WILLIAMS. Mr. President, I offer the amendment which chusetts asks unanimous consent for the present consideration
I send to the desk and ask to have read.
of / the bill, which will be read by the Secretary.
1913.
2461
CONGRESSIONAL RECORD— SENATE.
Mr. MARTINE of New Jersey. I was requested to state that
the Senator from Colorado [Mr. T h o m a s ] is absent from the
city on important business.
Mr. SWANSON. I desire to announce that my colleague
[Mr. Martin ] is detained from the Senate on account of sick
ness. I wish this announcement to stand for the day.
The PRESIDENT pro tempore. Upon the call of the roll of
the Senate 72 Senators have answered to their names. A quo
rum is present.
CREDENTIALS.
Mr. CULBERSON presented the credentials of M orris S h ep pard , chosen by the Legislature of the State of Texas a Senator
from that State for the term beginning March 4, 1012, which
were read and ordered to be filed.
IMPRISONMENT IN THE ARMY AND NAVY (S. DOC. NO. 1030).
A joint resolution requesting the Congress of the United States to
amend the 320-acre homestead law, designated and known as tlye
Mondcll bill, to include the State of South Dakota.
Be it resolved by the Senate of the State of South Dakota (flic
House of Representatives concurring) : Section 1 :
Whereas there are now in force and effect certain laws enacted by the Congress of the United States granting and giving to citizens: the right
to make homestead entry upon 320 and G40 acre tracts otjaiid; and
Whereas certain Government lands situate in the Statqpbf Nebraska
are affected by the G40-acre homestead law. and certain Government
lands situate in the States of Wyoming, Idaho, M
ontjjpfia, Washington,
Oregon, Utah, Arizona, New Mexico, and Colorado are affected by
.the 320-acre homestead law ; and
Whereas Government lands in the State of Scglfh Dakota have been
and are now eliminated from any law givingfo citizens the right to
make homestead entry upon more than IG kticres of land; and
U
**hereas the general classification of the Government lands in South
Dakota compares with the lands in thcjgtate so affected by the laws
aforesaid; and
Whereas it is just and reasonable, front' the nature of conditions, that
the Government lands in the Stajafof South Dakota be included in
the 320-acre homestead act: Tlmagrore be i t .
Resolved, That we favor ambparnestly urge the Congress of the
United States by proper enactment to so amend the 320-acre home
stead law, known as the Momprl bill, as to include the remaining Gov
ernment lands suitable for.;dffom
estead entry situate in the State of
South Dakota ; and be it Jpirther
Resolved, That we remjsst our Senators and Representatives in Con
gress to employ their bejwefforts to compass this end.
The PRESIDENT pro tempore laid before the Senate a com
munication from the Secretary of the Navy, transmitting, in
response to a resolution of January 7, a statement of the num
ber of persons serving in the Navy or Marine Corps of the
United States confined, through sentence of general court-mar“ »], during the year 1912, their offenses, term of confinement
imposed in each case, and the prison or other place of confine
ment, etc., which with the accompanying papers, was referred
Mr. CRAWFORDp I present a joint resolution adopted by tlie
to the Committee on Naval Affairs and ordered to be printed.
Legislature of Sq^frh Dakota, which I ask may be read and re
REPORT OF WASHINGTON GAS LIGHT CO. ( H. DOC. NO. 1333).
ferred to the Committee on Indian Affairs:
The joint mpSlution was read and referred to the Committee
Tlie PRESIDENT pro tempore laid before the Senate the
Annual report of the Washington Gas Light Co. for the year on Indian Ajffirs, as follows:
State of S outh D akota ,
ended December 31, 1912. which was referred to the Committee
D epartment of S tate .
°h the District of Columbia and ordered to be printed.
Wash in gto n &
old dom inio n r a il w a y co.
(h.
doc. no . 1 3 3 1 ).
The PRESIDENT pro tempore laid before the Senate the an
nual report of the Washington & Old Dominion Railway Co. for the
year ended December 31, 1912, which was referred to the Com
mittee on the District of Columbia and ordered to be printed.
F IN D IN G S OF T H E COURT OF C L A IM S
The PRESIDENT pro tempore laid before the Senate cor
munications from the assistant clerk of the Court of Clai
transmitting certified copies of the findings of fact and <
elusions filed by the court in the following causes:
John J. Ennis v . United States (Brooklyn Navy Yaj|F) (S.
Doc. No. 1057) ;
Charles W. Brock.-and sundry subnumbered case^fr. United
States (Portsmouth Navy Yard, Portsmouth, N. JjF) (S. Doc.
1058) ;
Virginia C. Bousli, administratrix of Jonathaj^TE. Boush. de
ceased, and sundry subnumbered cases, v . Unjflid States (Nor
f°Hv Navy Yard) (S. Doc. No. 1056) ; and
John W. Parrish v . United States (L ilted States Naval
Academy, Annapolis, Mel.) (S. Doc. No. lj£>5).
The foregoing findings were, with tlm^ iccompanying papers,
ordered to be printed.
referred to the Committee on Claims
M ESSAG E FROM T I I E /lIO U S E .
A message from the House of Representatives, by J. C. South,
w* Chief Clerk, announced thatitlie House insists upon its
' mendments to the bill (S. 8035) granting pensions and increase
Pensions to certain soldiers afl'd sailors of the Regular Army
' ?( Navy and of wars other tpan the Civil War and to certain
aev?W U dependent relatives of such soldiers and sailors, disS ll<^
to by the Senate; agrees to the conference asked for by
nin , eQate °n the disagreeing votes of the two Houses thereon,
an 1 \ ^ aPP°inted Mr. IU^habdson, Mr. D ickson of Mississippi,
'. / M r . W ood of New Jersey managers at the conference on the
Dart of the House. /
NROLLED B ILL SIGNED.
message als inuouneed that the Speaker of the House
Jvul signed the ._.„..ed bill (S. 3175) to regulate the immigra.
_ -----nnd > aliens to
Die residence of aliens in the United States,
m was theuPupon signed by the President pro tempore.
.
,
PE TITIO N S AN D
M EM O RIAL S.
tlm T DRAWFORD. I present a .ioint resolution adopted by
i'of(M .°5 iSljr ue of South Dakota, which I ask may be read and
-J |
Ip. led ta the Committee on Public Lands,
on ,!(‘ U’PP resolution was read and referred to the Committee
11
Lands, as follows:
U nited s tks of A merica . State of South Dakota, ss:
^K
nk Glasner, secretary of state of the State of South Dakota, do
ertify that the annexed senate joint resolution No. 8 was duly
> the 1913 session of the Legislature of the State of South
.v
and is now in full force and effect.
f
timony whereof I have hereunto set my hand and affixed the great
he State of South Dakota this 30th day of January, A. D. 1013.
[ seal .]
F rank G lasner ,
Secretary of State.
By .T T. N elson ,
.
Assistant Secretary of State.
A joint resolution requesting the Secretary of the Interior- to take steps
to revise existing rules for the leasing of allotted Indian lands, and
that, our Senators and Itepresentaives in Congress assist in securing
such revision.
Be it resolved by the Senate of the Legislature of the State of South
Dakota1 {the House of Representatives concurring), That the Secretary of
the Interior be requested to take needful and necessary steps looking to
an immediate revision of existing rules and regulations promulgated by
him governing the right to lease and the manner of leasing allotted
Indian lands, with a view to securing the more rapid development of tlie
large areas of unoccupied land now held by Indian allottees of the
various Indian tribes. To the end that such object may be speedily
attained, our Senators and Representatives in Congress are earnestly
requested to lend their aid in securing immediate and favorable con
sideration thereof.
S ec . 2. That a copy hereof be transmitted to the Secretary of (he
Interior and to each of the Senators and Representatives in Congress
from the State of South Dakota.
Mr. CRAWFORD presented memorials of tlie congregations
of tlie Seventh-day Adventist Churches of Huron, Webster, Aber
deen, and Florence, all in tlie State of South Dakota, remon
strating against the enactment of legislation compelling the
observance of Sunday as a day of rest in tlie District of Colum
bia, which were ordered to lie on the table.
Mr. CURTIS. I present a memorial from the Cherokee Freedmen, which I «4sk may be printed in the R ecord and referred to
the Committee 011 Indian Affairs.
There being no objection, the memorial was referred to the
Committee on Indian Affairs and ordered to be printed in tlie
R ecord, as follows:
Memorial of Cherokee Freedmen.
To the honorable Senate and House of Representatives of the United
States of America in Congress assembled:
Whereas by certain articles of the treaty, made and entered into by and
between the United States of America and the Cherokee Nation, pro
claimed August 11, 18G6, there were certain freedmen, free colored
persons, and their descendants clothed with all the rights of native
Whereas bv certain acts of deceit, discrimination, and opposition on the
part of certain classes of Cherokees and the Cherokee Nation, and
by the effect of certain acts of congressional legislation, and by the
acts and doings of certain agents of the Government of the United
States said persons believe and feel that said rights have been
/
State of South Dakota,
limited, curtailed, abridged, and in various instances overlooked or
T . it /
jV
Department of State.
ignored, whereby they, as a class and as individuals of a class of
citizens of the Cherokee Nation, have sustained much damage and
I ]/• ^TATES 0F A merica, S t a t e o f S o u t h D a k o t a , s s :
received great injury, and believe themselves entitled to' some form
Glasner, secretary of state of the State of South Dakota, do
of redress; and
h
assled if, i,y that the annexed senate Joint resolution No. 2 was duly
Uakot‘1 n J 1013 session of the Legislature of the State of South Whereas said freedmen, free colored persons, and their descendants,
, a.e
firmly believing in the right of the people to peaceably assemble for
In
,s now Is fah force and effect.
their own good and apply to those invested with the powers O Gov
f
seai of ti, £ny whereof I have hereunto set mv hand and affixed the great
ernment for redress by petition, address, or remonstrance, have or
[seal ] btatc °f South Dakota this 8?th da> of Jaauary A- D- 1913.
r
>
ganized themselves together in one band or association under the
F r a n k G l a s n e r , Secretary of State.
name o f --------- , for the enforcement and protection of all rights
By J. T. N elson , Assistant Secretary of State.
granted them by the aforesaid treaty, and have adopted this method
of making their grievances known and praying for relief.
CONGRESSIONAL RECORD— SENATE.
2M 2
February 3.
introduced by M H ardy , entitled “A bill to provide for the further
r.
Our grievances are :
Federal regulation of pilotage.” which is awaiting the action of the
1 Alter having been given the right to elect to settle and live, in cer
Committee on the Merchant Marine and Fisheries; and
tain designated parts of the Cherokee Nation by article 4 of the treaty
e
of 1860, said right has been violated, and the enjoyment thereof entirely Whereas w view the introduction, favorable report, and passage of
said bills to be extremely detrimental, if not, indeed, absolutely
defeated by promises and agreements made on the part of the Cherokecs,
destructive, to the fundamentals of the pilolage system in this (/miwhich have not been kept and performed by them.
try, as well as detrimental to many of the ports; and
2. The Cherokee Nation did, about the year 1867, erect large and
costly school buildings, create, and for a period covering about 10 years, Whereas this pilotage system has been under control of tbo Sh
over 1 <1
irs and a board selected by the persons most int
maintain and support, high schools for the education of their children
in the safety and prosperity of shipping and appointed by
out. of the funds of the Cherokee Nation to the exclusion of our children.
ernor and approved by the State senate; and
3. Said nation did erect and for many years maintain and support a
blind asylum and orphans' home out of the funds of said nation to the Whereas this bill proposes arbitrarily and unnecessarily to do/troy this
system and to take control of this important service from/the hands
exclusion of otir people.
of those 'most interested in its efficiency, by whom it has lyen brought
4. The Cherdkee National Council passed certain intermarriage Jaw
s,
to its present satisfactory condition, and proposes to /mlide it to
and enforced the same, the effect of which put the Indians directly in
those who. whatever ability they may have in other resyeets. can not
touch with the highest form of American civilization, and gave them
be said vyith certainty to have had any experience
litsoever with
advantages that ■gould not have been attained in no other wa*, ao the
the duties and requirements of the service; and
exclusion of our people.
„
, j-, „
5. In the matte* of the payment of moneys per capita w btdleve and Whereas the Federal regulations, as they appear to u
e
would not
increase the efficiency of the pilots or the pilotas system now in
feel that we liave\een unjustly dealt with, in that some of etir people
whose names appeared upon approved rolls of ellizenship in.fnc Chero
vogue; (IS would and could not decrease the rates . f pilotage withkee Nation were prtjd and received such payments, while others of the
out becoming a drain on the Public Treasury; (c) ould tyrannically
same class whose names appeared upon the same rolls
paid ant
usurp a business wiiieh lias been built by time,
pericnce, and the
expenditures of large sums of money, thereby d fiving many indi
1' V ’Tnd^ertain classes of Clierokees have been permltte#/>and did by
i
viduals of the fruits of their labor, to which theatre justly entitled:
various attacks, by villous suits at law, attempt to anient this time
Therefore be it
have a suit at law pending calculated to defeat our proggtty rights in
R e s o l v e d , That we. the pilots aforesaid, do hereby respectfully, and
the Cherokee Nation dptirely, thereby putting us to g?fiSt and useless as earnestly and emphatically as in our power, memorialize and petition
expense of time and lioney.
. .
It with in the our United States Representatives In Congre*! and United States
.7. We believe and fcfl that we have been unjustly
R
fbers of some of Senators from this State to use their utmost endeavors to prevent these
matter of the enrollmemfeof our people, some of the
'the applications hills from becoming a law or any antipilotage iqgislation of any nature.
our families having beenjjsluly enrolled as citizens, w
Also, that a copy of this resolution be sentilo the President
the
aving the same Senate, one to the Speaker of the House of Rign-escntat.ives, one of the
for the enrollment of aShers of the same famili
to
status have been rejectees
the chairman of the
chairman of the Commerce Committee, one,
8. That the applications for the enrollment of Jfiany of our people Committee on the Merchant Marine
one to the president
were rejected because of the time limit and thqarinsty action of the of American Pilots’ Association, and and Fishj fries, use their influence in
urge th§ to
Secretary of the Interior :i‘nd the Dawes Commisjpn in trying to obey defeating these bills.
the requirements of the time limit.
C. .T R eload.
.
9. A large number of our .people who were rewired had been thereto
H. L. J o h n s o n .
fore enrolled by various authorities as citizens 0 the Cherokee Nation,
H. G . W a r n e r .
had settled in said nation in good faith, maddpasting and permanent
C . D. T h a m e s .
improvements upon the lauds,,lived unmolestedgior from 10 to 30 years,
Carl W m . B a h rt.
had exercised many of the rights of citizenshij^and after being rejected
J n o . J. F o r g a r t y .
were ejected and dispossessed'Sfrom and of iy k improvements, leaving
| :l
M ark R yan.
their labor and improvements without com
paptsation.
10. The restrictions upon {fie alicnationffand incumbrance of our
Mr. SMITH o f Maryland presetjfod petitions of sundry citi
lands, both adults and infants, have been rffcioved, and the supervisory
jurisdiction of the Government dyer us andpmr valuable inherited lands zens of Burtonsville, Beltsville, ajfd Silver Spring; of Eureka
has been relinquished all in advance of wpse of the Indians, and our Grange, No. 177, Patrons of Husbandry, of Eureka ; and of
people, though comparatively lovSSst in gfifht of intelligence as a class
of Cherokee citizens, have been loft expagbd to the greed and grafts of Local Grange No. 170, Patrons of ^Husbandry, of Beltsville, all in
the shrewd and unscrupulous hoarders of wealth, who would naturally the State of Maryland, prayingjfhat an appropriation be made
he first to appear upon the scene, and S i f t unfavorably exposed to the for the erection of shelters coveri»g the Wholesale Produce Market
attacks of the disgruntled element o the Indian citizens who yet enjoy between Tenth, Twelfth, and B Streets, in the city of Washington,
ff
the care and protection of the United states Government.
Wherefore we, the freedmen, free feasored persons, and their descend D. C., which were referred to $aio Committee on Appropriations!
ants of the late Cherokee Nation, r«pfectfully petition that our griev
He also presented a petition of sundry citizens of Allegany
ances above mentioned lie given daS. consideration, and that we be
given such redress as in the wisdom o# your honorable body seems meet, County, Md., praying for the dptablishment of game reservations
upon tiie public lands, whicltfwas ordered to lie on the table.
and your petitioners will ever prnyA
S im R ogers ,
W
S ec reta ry.
(Through our delegation.).®.*'
E l i N a v e , P r e s id e n t.
m.
Mr. TILLMAN. I send to jjne desk a letter which I ask may
he read and referred to the aSmnnttoij on Claims.
There being no objection, JJie letteiCyvas read and referred to
the Committee on Claims, £s follows
•■
§
Hon, I*> II. T illm an ,
.
jx
• ®
2004 E leventh Street NW „
W a s h in g to n ! JJ. C ., January 23, 1013.
®
U n i t e d S t a t e s S e n a t e , ^ $ i i s h i n g t o n , D . (%
My name pMane Steptoo. It was horn in South Caron
lina, not far from Beaufo; f, and I deposited'M the Freedmen’s Bank
$1,100. I still have a b Rice of $800. I at» now 72 years old, not
i^
able to work to earn m tving. and am dependent upon other people
yj
for my support, and you ow that I do not gof all that I should have
in these' m d elining y f
y i
e
We have been encouj fed about this money Ibr several years. The
Presidents have asked ongress to pay us ourigboney >ever since Mr.
Cleveland was Presidi
and Congress will notsgay us. I now write
to ask you. as you ar h Congress and one of tli» men who has to appropriate this money,l you will please get this iljapropriation through
and let Congress pay
I can not tell you how t b v conditions are, but
just place yourself i ly position, at my age, and fiippose that you had
no means of suppon you would think it very ham; hut as the Lord
has blessed and piJSpered you, and you don’t liaVe to be dependent
upon others, please Jcmemher m and others and tke&Lord will certainly
e
bless you m
ore thq®twofold if you will let C
ongress^; pay us the money
which is our very ivn We do not ask you to give H something that
.
is
does not belong t us; we are simply asking in thefeuno of the Lord
for that which i^ >u own hard-earned money.
r
Respectfu , yours, •
iS an e Steftoe.
H onored
S ir :
Mr. FLETC
R. I present resolutions adoptefeby the Tampa
Bay Pilots’
nation, of Florida, which I ask rpuy be printed
in the KfcO S and referred to the Committee on Commerce,
. K
There bei
no objection, the resolutions were referred to the
Committee i Commerce and ordered to b e printed in the R e c s:
o r d , as foil
T a m p a B a y P il o t s ’ A s s o c ia t io n ,
T a m p a , F l a ., J a n u a r y 17, 1913.
Resolution.
a
<0,
re, the undersigned pilots of the port of Tantpa, Fla..
Protest against the various bills now pending in the C
'c
Idmmittee of the United States Senate—“A hill to provide,
f(her Federal regulation of pilotage,” introduced by Hr.
r and known as S. 7629, and “A bill relating to the anchorage
.
els in navigable waters of the United States,” also introduced
Nelson, and known as S. 3619 ; also a bill, H. R. 20630,
Mr. GARDNER presented^*resolutions adopted by the Cham
ber of Commerce of OIdto\$n, Me., favoring the passage of the
so-called Page vocational olueation bill, which were ordered to
lie on the table.
$
He also presented a iijfemorial of members of the Woman’s
Club of Houlton, Me., Remonstrating against the transfer of
the control of the national forests to the several States, which
was referred to the Committee on Forest Reservations and the
Protection o f Game. §
Mr. WARREN presented a memorial of the congregation of
the Seventh-day Advejltist Church of Lander, Wyo., remonstrat
ing against the enactment of legislation compelling the observ
ance of Sunday as a day of rest in the District of Columbia
which was ordered Joyie on the table.
Mr. BRISTOW jprekmted a. petition of sundry citizens of
Emporia, Kans., prayVg for the passage of the so-called
Kenyou-Sheppard/intersVte liquor hill, which was ordered to
lie on the table. /
He also presented memorials of the congregations of (he
Seventh-day Adventist Clutches of Severy and Herndon, in the
State of Kansas?. remonstrating against the enactment of legisla
tion compelling? the observance of Sunday as a day of rest in the
District of Colhmbia, which \Vre ordered to lie on the table.
Mr. RICHARDSON presented petitions of the congregations of
the Methodist Episcopal Chui\iies of Camden, Lebanon, and
Nassau, all in the State of DeuNtare^praying for the passage
of the so-called Kenyon-Sheppard Tupe’ttstate liquor bill, wliich
were ordered to lie on the table,
Mr. JACKSON presented a menioriar>f sundry citizens of
Hagerstown, Md.,'remonstrating against the^mPy^NiUTederal
life pjrfoners, which was ordered to lie on the table. ^^****>-J
so presented a petition of the congregation of the Mount
Methodist Episcopal Church, of Dili r Ini " ' T i T i TT~
inters t u to l i q u o r
which was ordered to lie on the table.
Mr. OWEN. I present a concurrent resolution passed by the
Legislature of Oklahoma, memorializing Congress to pass a law
providing for the election of Federal district judges by the people
of their respective States. I ask that the concurrent resolution
he read and referred to the Committee on the Judiciary.
1913.
CONGRESSIONAL RECORD-
J here being no objection, the concurrent resolution was read
and referred to the Committee on the Judiciary, as follows:
House concurrent resolution 3.
resolution memorializing' Congress to pass a law providing for the elec
tion of Federal district judges bv the people of their respective States.
■a
lie ‘f I'e so lv e d bp t h e H o u s e o f R e p r e s e n t a t i v e s o f t h e S t a t e o f O k la n o m a { t h e S e n a t e c o n c u r r i n g t h e r e i n ) , That^
Federal district judges who receive their office by appoint
for [if '
President of the United States and who hold their office
no,, i
or during good behavior, and who are not amenable to the
niLr . a
.nd by reason of this are not always mindful of the rights
WhernQ i leges of tllc people; and
Pr
ti, n s
,lnce their creation by the American Congress their jurisdiccla«-an P°w
cl
el's have been enlarged until the special interest seeking
pm
int an D wealthy can and do com
cl ie
pel the common people of our
eountry to go into the Federal courts oftentimes at a large expenditure
riL loney aocl time, taking them away from the judges whom they,
Win,"
People, elect; and
Federal district judges have becom a refuge for the great
e
orations, contesting tlie laws passed by our State legislature
e is!> 1 !,ei-eoy having them declared unconstitutional, as in the recent
s t t t
0 1 revenue laws, whereby the corporations were permitted to
U‘
torn, ° m, U der the burdens of‘ taxation and shift them upon the
Q
u.™?1 D merchant, and laboring classes : Therefore be it
'’ >e
( .t h e v
Die H ° u s c ° f R e p r e s e n t a t i v e s o f t h e S t a t e o f O k la h o m a
n
rjjp s e n a t e c o n c u r r i n g t h e r e i n ) , That we memorialize, request, and
ti'iei i °P8reS9 to pass a law providing for the election of Federal dis(
vu,^cs> limiting their jurisdiction and power and their tenure of
m, * 0 a term of years.
i
and
n, c°Py of this resolution be sent to our United States Senators
bers of the National House of Representatives.
>ssea by the house of representatives January 20, 1913.
that, in the opinion of this board, the enactment of the D introduced
ill
by the Connecticut River Co. at this session of Congress will insure the
dishment of such navigation. Wherefore this board earnestly urges
ibers of both Houses of Congress to enact said hill at this session.
Mr. LODGE presented a petition of tlie Young Men’s Class of
tlie Congregational Church of West Newton, Mass., praying for
the passage of the so-called Kenyon-Slieppard interstate liquor
bill, which was ordered to lie on the table.
He alsol^presented petitions of sundry citizens of Bryantville
and BostoV in tlie State of Massachusetts, praying for the con
struction o\a public highway from Washington, D. C.. to Gettys
burg. Pa., % a memorial to Abraham Lincoln, which were or
dered to lieVui
table.
Mr. MYERS presented a memorial of the congregation of the
Seventh-day .Adventist Church. Great Fails, Mont., and a memo
rial of the colgregation of the Seventh-day Adventist Church
of Stevensville\Mont., remonstrating against the enactment of
legislation coinp&ling the observance of Sunday as a day of rest in
tlie District of CSbunbia, which were ordered to lie on the table.
Mr. CHAMBEiSl a IN. I present a joint resolution adopted by
the Legislature olfcOregon, which I ask may he printed in the
R e c o r d and referrefi to the Committee on tlie Judiciary.
There being no objection, the joint resolution was referred to
the Committee on th\ Judiciary and ordered to be printed in the
R e c o r d , as follows
_
iiiatc joint resolution 2.
J. II. Maxey ,
,,
S tate of O regon,
T\\%\ t y - s e v e x x11 L e g i s l a t i v e A s s e m b l y ,
S enate C h a m be r .
S p ea k er o f th e H o u s e o f R e p r e s e n ta tiv e s.
assed the senate January 2d, 1913.
P r e s id e n t p ro
C.
B. K e n d r ic k ,
tem p ore o f
th e S en a te.
T *r- ' Y E N . I present a concurrent resolution passed by tlie
legislature of Oklahoma relative to immediate provision being
( ‘a<le for tlie payment to all members of the Choctaw and
^Pickasaw Tribes of Indians who have been endowed with the
, Suts of citizenship of their pro rata part of all funds now
bom by the Government of the United States, and so forth. I
a, ' that the concurrent resolution be read and referred to the
-oininittee on Indian Affairs.
there being no objection, the concurrent resolution was read
ahd referred to the Committee on Indian Affairs, as follows:
Whereas it appears from at investigation recently made by the Senate
of the L'nited States. aift otherwise, that polygamy still exists in
certain places in tlie Unit.% States, notwithstanding prohibitory stat
utes enacted by the sevoraVStates thereof: and
Whereas the practice of polygyny is generally condemned by the people
of the United States, and Aero is a demand for the more effectual
prohibition thereof by placinx the subject under the Federal jurisdic
tion and control, at the samqLtime reserving to each State the right
to make and control its own\ ws relating to marriage and divorce:
Now therefore he it
R e so lv e d
bp
th e
sen a te
(th e
h ou se
of
r e p r e se n ta tiv e s
c o n c u r r in g ),
That the application be m
ade,- anB hereby is made, to Congress under
the provisions of Article V of th| Constitution of the United States,
for the calling of a convention to propose an amendment to the Con
stitution of the United States whefoby polygamy and polygamous co
habitation shall be prohibited, andSCongress shall he given power to
House concurrent resolution 4.
enforce such a prohibition by appro&iate legislation.
,, B e it. r e s o l v e d b p t h e h o u s e o f r e p r e s e n t a t i v e s ( t h e s e n a t e c o n c u r r i n g
R e s o l v e d , That the legislatures of, all other States of the United
J fere i n ) , That—
States, now in session or when uoxt fonvened, be, and they are hereby,
whereas the Government of the United States holds in trust approxi- respectfully requested to join iu this education by the adoption of this
^
niateiy the sum of $6,500,000 for the members of the Choctaw aud or an equivalent resolution.
. Chickasaw Tribes of Indians; and
R e s o l v e d f u r t h e r , That the seeretaryfcof state bo, and he is hereby,
!J lTa l- ,d°r th® hu-m of the treaty of 18G between the Choctaw directed to transmit copies of this api®eation to the Senate and the
n ru m
s
G
„“d Chickasaw Indians and tlie United States certain lands known House of Representatives of the United States, and to the several Mem
iiim i e ,i"eascc*. District, lying between the ninety-eighth and one- bers of the bodies representing this Stfae therein: also to transmit
le°th meridian west longitude, were ceded to the United States copies hereof to the legislatures of all oth%- States of the United States.
Adopted by the house January 1G 1913^
,
iVhc,. a nommal consideration of $300,000 ; and
C . N. M
cAnTHUR,
" ‘as the members of said tribes of Indians have, through their offiS p ea k er o f th e H o u s e .
cmls and representatives, since said treaty contended that it was the
Adopted by the senate January 13, 1911
tention of the tribes to lease said lands to the United States for
J. M a l a r k e y ,
specific inn-poses and not to sell the same : and
l ’ r esid en t o f th e S en a te.
"horeas the actual value of said Leased District was many millions
Indorsed : Senate joint resolution No.
°f dollars in excess of said $300,000 : Now therefore be It
j i x W. C o c h r a n .
r e d bp t h e L e g i s l a t u r e o f t h e S t a t e o f O k la h o m a , That we reI
Ch ic f C le r k .
■Pectfully memorialize the Congress of the I nited States
Filed January 20, 191C
ment of all those
That it make immediate provision for the pajmen
|e x W. O l c o t t ,
f!
r
1
I
' v
■
li-JH
I
;;
S cc rela rp o f S ta te .
s.; i ( Dubans : and
’ 1
an,i , * That it enact such legislation as will provide for suitable
•
foasm uate payment to the members of said tribes of Indians for the
,
itr x , i1e value of said Leased District: And he it further
O
klaiin Ve^ ’ That the Senators and Representatives from the State of
h 'iit l0? a ,aie requested to use all honorable means to secure the enactU
p. 01 *ue foregoing legislation.
secl the house of represeutatives January 20, 1913.
J. II. M a x e y .
p
S p ea k er o f th e H o u s e o f R e p r e se n ta tiv e s.
assed the senate January 20, 1913.
E. L. M it c h e l l ,
j
I. Ben W. Olcott, secretary of state of the State^if Oregon and cus
todian of the seal of said State, do hereby certify that I have carefully
compared the annexed copy of senate joint reSoluibn No. 2 of the
Twenty-seventh Legislative Assembly of the State oraOregon with the
original thereof as filed in the office of the secretarmof state of the
State of Oregon on the 20th day of January, 1913, and jjhat It is a full,
true, and complete transcript therefrom and of the who thereof,
"
In testimony whereof I liave hereunto set my hand id affixed the
seal of the State of Oregon.
Done at the capitol at Salem, Oreg., this 20tli day of aiuary, A. D.
1913.
[ s e a l .]
.
G c s P o o l, C h ie f Ch.
I- ( ’ULLOKI presented a petition of members of tlie Young
Cbii'.S araca Class of tlie South Street Methodist Episcopal
.i
icli, of Hook-ford U1-, praying for the passa
kford, Til., nravimr for tlie uassasre.pf the sodm-,,.,
interstate liquor b f l , stffwen was or-
dered
r presoEB
If"
1,
B en W . o ib o t t .
S ce rcta rm o f s t a te .
A c t i n g P r e s i d e n t o f tlie S e n a t e .
am i'rj’eby certify that this is a true aud correct cony of the a
i
I0i‘egoing resolution.
"
Ml’. LODGE,
U n it e d St a t e s o f A m e r ic a ; S t A e of O reg o n .
O f f ic e o f t h e Se c r e t a r y o f S t a t e .
_ CHAMBERLAIN. I present a joint memorial
opted by
Legislature of Oregon, which I ask may lie on the vjibie and
be printed in the Record.
T h e r e b e i n g n o o b j e c t i o n , t h e j o i n t m e m o r i a l w a s or<y-red t o
l i e o n t lie t a b le a n d t o b e p r in t e d in t h e R e co rd , a s f o l i o
Senate joint memorial 2.
S t a t e o f O regov
T w e n t y -s e v e n t h L e g is l a t iv e A s s e m b l y ,
Senate C ham
passed by tlie directors
Trade December 10, 1912, Whereas there have been introduced In Congress three hills (Nos Jl R
36, H. R. 4428, S. 2307) to afford Federal protection to migraVrv
_^ iii. Idie resolution is very
game birds ; and
V
I aslc^ait it lie on the table and Whereas there is a very general sentiment in this State in favor of s*>h
protection, and an urgent request for the enactment of such a !®,v
> printed in thuJ^PcoRD.
e
,o5fcwu-dered to lie on
has been made, as appears by the numerous petitions received : X T„ t'liere b e in *l$ *^ je c tio n , the resolution
therefore
U tabbJ^fno be printed in the Record, as fo_
e
R e s o l v e d ( th e h o u s e c o n c u r r i n g ) . That Congress he. and hereby i
the Springfield (Mass.)
hi regard to the ConnecUffl
u‘lef and with no siffigtfu’es.
^
4
Uoshl^fapassed by the directors of the^Spung
Trade Decembei 10, 1._
/b^o/rr,/, That this community is in urgent oec j
m the Connecticut River from Long isiauu
Joard of
m-aeticablo*"niAYi-
‘nd t0 nolybKe;
requested to enact a law giving ample protection to migratory gamd
birds.
R e s o l v e d , That the legislatures of all other States of the United
States now iu session or when next convened be, and they are hereby,
r ' i
2464
respectfully requested to join in this request by the adoption of this
or an equivalent resolution.
R e s o l v e d f u r t h e r , That the secretary of state he. and he hereby is,
directed to transmit copies of this resolution to the Senate and the
House of Representatives of the i'nited States and to the several Mem
bers of said body representing this State therein; also to transmit
copies hereof to the legislatures of all other States of the United States.
Concurred in by the house January 20, 1913.
C. N. M c A r t h u r ,
S p e a k e r o f th e H o u s e .
Adopted by the senate January 10, 1913.
D a n J . M a l a r k f .v .
P r e s id e n t o f th e S en a te.
Indorsed: Senate joint memorial No. 2, by committee on Federal
relations.
J. W . Co c h r a n ,
C h i e f C lerk .
Filed January 22, 1913.
B e x TV. O i. c o t t .
S e c r e t a r y o f S t a te .
U n it e d S t a t e s o f A m e r i c a , S t a t e o f O r e g o n ,
O f f ic e of t h e S e c r e t a r y of S t a t e .
I. Ben T . Oleott. secretary of state of the State of Oregon, and cus
V
todian of the seal of said State, do hereby certify that I have carefully
compared the annexed copy of senate joint memorial No. 2 of the
'Twenty-seventh Legislative Assembly of the State of Oregon with the
original thereof as filed in the office of the secretary of state of the
State of Oregon on the 22d day of January, 1913, and that it is a full,
true, and complete transcript therefrom and of the whole thereof.
In testimony whereof I have hereunto set my hand and affixed the
seal of the State of Oregon.
Done at the capitol at Salem, Oreg., this 22d day of January, A. D. 1913.
[ s e a l .]
February 3
COXGK ESSIOXAL RECORD— SEXATM.
B e n TV. O l c o t t ,
S e c r e ta r y o f S ta te .
land. Dyer Brook, Crousej^Gk. and South Woodstock, all in the
State o f Maine, remonsWipng against the enactment of legis
lation compelling the obseuwance of Sunday as a day of rest in
the District of Columbia, which were ordered to lie on the table.
Mr. JONES presented ■/resolution adopted by members of the
King County Democratic Club of Seattle, Wash., favoring (he
recognition of the Republic of China by the United States, which
was referred to the Committee on Foreign Relations.
Mr. GAMBLE presented a joint resolution adopted by the
Legislature of South Dakota, favoring the adoption of certain
amendments to the,-homestead law, which was referred to the
Committee on Public Lands.
He also presented a joint resolution adopted by the Legisla
ture of South Dakota, favoring a revision of the existing rules
regulating the leasing of allotted Indians lands, etc., which was
referred to the Committee on Indian Affairs.
Mr. GRONNA presented a memorial of the congregation of the
Seventh-day Adventist Church of Stanley, N. Dak., and a memo
rial of the^Congregation of the Seventh-day Adventist Church of
Newborn^ X. Dak., remonstrating against the enactment of leg
islation Jompelling the observance o f Sunday as a day of rest in
the District of Columbia, which were ordered to lie on the table.
Mr., PAGE. I present a joint resolution passed by the Legis
lature of Vermont, which I ask may be printed in the R ecord
an<U-referred to the Committee on the Judiciary.
There being no objection, the joint resolution was referred to
(he Committee on the Judiciary, and ordered to be printed in
Hie R ecord, as follows:
Mr. BROWN. I present a joint resolution passed by the Legis
lature of Nebraska, which I ask may be printed in the R ecord Joint resolution making application to Congress under the provisions
of Article V of the Constitution of the United States for the calling
and referred to the Committee on Military Affairs.
,
of a convention to propose an amendment to the Constitution of the
There being no objection, the joint resolution was referred to
United States whereby polygamy and polygamous cohabitation shall
the Committee on Military Affairs and ordered to be printed ,
______ .
be prohibited.
'
the R ecord, as fo llo w s:
Whereas it appears from investigation recently made by the Senate of
State of N e b r a s k a .
O f f i c e o f S e c r e t a r y o f S ta
S t a t e o f N e b r a s k a , O ffice o f S e c r e t a r y o f S t a t e :
I. Addison Wait, secretary of state of the State of Nebraska, dd hereby
certify that I have carefully compared the annexed copy of mempfial and
joint resolution in re Nebraska Territorial Militia enacted and passed by
the thirty-third session of the Legislature of the State of Nebraska, with
the enrolled bill on file In this office, and that the same iff-'fi true and
correct copy of said memorial and joint resolution.
In testimony whereof I have hereunto set my hand ahd affixed the
great seal of the State of Nebraska.
Done at Lincoln this 31st day of January, A. D. 1918, of the inde
pendence of the United States the one hundred and thijfy-sixth, and of
this State flic forty-sixth.
[ s e a l .]
A d d is o n W a i t ,
S e c r e ta r y o f S ta te .
[Memorial and joint resolution in relation to the Nebraska Territorial
Militia; introduced by Robert C. Drucgcdow.]
Whereas the Nebraska Territorial Militia, who served four months in
subduing the several raids and depredations
hostile Indians be
tween 1862 and 1864, have never been officially recognized as entitled
to ail the benefits of the pension laws as other volunteer organiza
tions for the alleged reason that they were not regularly mustered
into the service of the United States; and f
Whereas these volunteer soldiers were called: and mustered into active
service by our Territorial executive officers, appointed by the Federal
Government, and when no time was given for sending the regular
mustering officers on account of the sudden unprovoked acts of
marauding and murdering bands of Indians, the acknowledged wards
of the Government; and
Whereas the settlers of the border territory, the overland mail, and the
emigrants to the Rocky Mountain district were justly entitled to the
quickest and fullest protection of the Federal authorities: Be it
R e s o l v e d , That our Senators and Representatives in Congress, present
and prospective, be requested to rej^ew the best and earliest endeavors
of their predecessors to procure the passage of an act similar to the one
passed in February, 1895, giving the Missouri State Militia title to
pension, etc. : and
R e s o l v e d , That the honorable secretary of the State of Nebraska be
requested to forward a certified copy of this memorial to each of our
Senators and Representatives as soon as possible dfter its passage and
approval, as a bill for the relief of the militia of several border States
is in the hands of committee on Federal relations, which ought to
include the Nebraska Territorial Militia, whose services were rendered
and accepted when the Government did not have sufficient troops for
the common defense of our frontier.
I hereby certify that the above is a correct copy of a resolution
adopted by the House of Representatives of the Nebraska Legislature on
the 28th day of January, 1913.
H e n r y C. R i c h m o n d , C h i e f C le r k .
the United States, and otherwise, that polygamy still exists in certain
places in the United States, notwithstanding prohibitory statutes en
acted by the several States thereof; and
Whereas the practice of polygamy is generally condemned by the people
of the United States and there is a demand for the more effectual
. prohibition thereof by placing the subject under Federal jurisdiction
and control, at the same time reserving to each State the right to
make and enforce its own laws relating to marriage and divorce:
Now therefore
R e s o l v e d b y t h e s e n a t e a n d h o u s e o f r e p r e s e n t a t i v e s , That the ap
plication be made, and hereby is made, to Congress, under the provisions
of Article V, of the Constitution of the United States, for the calling
of a convention to propose an amendment to the Constitution of the
United States whereby polygamy and polygamous cohabitation shall be
prohibited, and Congress shall be given power to enforce such prohibi
tion by appropriate legislation.
R e s o l v e d , That the legislatures of all other States of the United
States now in session or when next convened be, and they hereby are,
respectfully requested to join in this application by the adoption of
this or an equivalent resolution.
R e s o l v e d f u r t h e r , That the secretary of state be, and he hereby is,
directed to transmit copies of this application to the Senate and House
of Representatives of the United States, and to the several Members of
said bodies representing this State therein; also, to transmit copies
hereof to the legislatures of all other States of the United States.
F ran k E. H o w e ,
P r e s id e n t o f th e S en a te
Charles A. P lu m ley,
S p ea k er o f th e H o u s e o f R e p r e s e n ta tiv e s.
Approved December 18, 1912.
A llen
M.
F l e t c h e r , G overn or.
State of V e rm o n t,
Of f ic e o f t h e S e cr etar y o f S t a t e .
I hereby certify that the foregoing is a true copy of a joint resolution
making application to Congress, under the provision of Article V of the
Constitution of the United States for the calling of a convention to pro
pose an amendment to the Constitution of the United States, whereby
polygamy and polygamous cohabitation shall be prohibited, approved De
cem
ber i8, 1912, as appears by the files and records of this office.
Witness my signature and the seal of this office, at Montpelier, this
10th dav of January, 1913.
[ seal.]
G u y W . B a il e y .
S e c r e ta r y o f S ta te .
Mr. SIMMONS. I lntve in my hand a joint resolution of the
Legislature of North Carolina ratifying the seventeenth amend
ment to the Constitution\f the United States, providing for
the election of United Stacks Senators by the people. North
Carolina was the first State\o ratify the amendment, and as
the resolution directs that a cdta- of it shall be sent to the two
Houses of Congress, I ask that %his resolution lie on the table
and be printed in the R ecord. N.
There being no objection, the joint resolution was ordered
to lie on the table and to be printed iiKHie R ecord, as follow s:
Mr. HITCHCOCK presented a memorial of Local Union No.
107. Farmers’ Educational and Cooperative Union, of Elkliorn
Valley, Xebr., and a memorial of the Farmers’ Educational and
Cooperative Union of Dodge County, Nebr., remonstrating
against the adoption of the so-called Aldrich currency plan,
which were referred to the Committee on Finance.
He also presented memorials of the congregations of the Joint resolution ratifying the seventeenth amendment to the Constitu
tion of the United Stat^.
Seventh-day Adventist Churches of Loup City, Omaha, and
of
congress of the United
Brock, all in the State of Nebraska, remonstrating against the Whereas both the Houses its the Sixty-secondby a constitutional maStates of America, at
second session,
enactment of legislation compelling the observance of Sunday
joritv of two-thirds thereof, made the following proposition to amend
the Constitution of the United States of America, in the following
as a day of rest in the District of Columbia, which were or
words, to wit:
dered to lie on the table.
l
t
he
e
nd t e
se
e en t t
th e
Mr. JOHNSON of Maine presented memorials of the congrega U n“iRee s o Svte dt e s h a t tA m e Siecn a tin aC o n gh e s sH o u s e mo fl e R e p r i cso -t ha r i vse s o fo f e a c h
t d
a
of
r a
r
as
b d (t
i d
tions of the Seventh-day Adventist Churches of Lewiston, Po H o u s e c o n c u r r i n g t h e r e i n ) , That in lieu of the first paragraph of section
191 o .
°
247
CONGRESSIONAL RECORD— SENATE.
neons matters in the bill, as I look at It—there are matters in
it which ought to be in a separate bill—so that we could work
°nt a policy with reference to power sites without having the
extreme pressure of a local situation forcing us to the subject.
Mr. BRANDEGEE. Mr. President, I hope the Senator from
Idaho will not proceed to the discussion of the bill now. I do
not want to take up so much of the time of the Senate in asking
lof a unanimous-consent agreement. I admit there are many
ttnfcgs in the bill about wbicb senators have different ideas, and
I alrree with the Senator from Idaho that time enough ought
l*b taken in the discussion- of the provisions of the bill so
that \a proper bill may be worked out, if this is not a proper
bill, * id that a proper policy should be adopted; but my view
has bleu, and still is, that that result, much to be desired,
could pe attained under a unanimous-consent agreement—a
Proposition which could run on for any number of calendar
days—1 4 finally dispose of it in some way upon the legislative
<
day. Tifat simply means that, without interfering with srppropriation Ijills, conference reports, and the funeral exercises, the
bill will fie kept before the Senate until it is acted upon. It
Might be passed, it might bo rejected, it might be amended, or
it might be indefinitely postponed or laid upon the table; but
the mere agreement to dispose of it does not at all deprive any
body of any rights, so far as I can see.
Mr. BORAH. Mr. President, as I have said, I will have to
object to the* request for to-day; but I do not desire to be
understood, if: the Senator wishes to consider the matter, as
objecting further than to-day.
Mr. BRANDBGEE. I understand the Senator does not object
M a captious spirit at all, but in order that my own record may
be clean and that 1 may not have waived any right or violated
any understanding I had with the chairman of the commit' -'
I wanted the objection to bo made for the day. I will then
confer with all tlAse gentlemen again and propose some other
course to-morrow. II give notice, however, that each day, until
some program is agieed upon, I shall ask the Senate to attempt
to agree upon a program for the early consideration of this bill.
Mr. JONES. Mr. President, I merely desire to suggest to the
Senator that it seemsdo me a rather unusual course to ask for
unanimous consent to consider a bill through all the stages to
Us final passage, involving a matter of this importance, when
it has not been discussed at all and no consideration has been
given to the measure in the Senate.
Mr. BItANDEGEE. W % , Mr. President, the procedure is not
fit all unusual.
Mr. JONES. I do not re%mber
Mr. BItANDEGEE. The discussion may go on. as I have
said, all the rest of the sess%n, if Senators want to keep the
Matter before the Senate
Mr. JONES. So I understand but the bill-----ey do not so desire, they can
. Mr. BItANDEGEE. And if
indefinitely postpone the bill at ly time.
entirely plain; but I do not
Mr. JONES. That, of course,
remember of any time in my short service here where a bill
< f any importance has been* put |pwn by unanimous consent
>
f °r consideration and disposal on .41 legislative day when no
discussion has been had on it at alflduring the session.
Mr. BItANDEGEE. I do not cat* to discuss that now, be
cause objection was made and the emitter is not before the
somite.
. Mr. JONES. I simply wanted to
ggest that for the con
^deration of the Senator.
apropos of the disMr. SMITH of Michigan. Mr. Presii
cussion which has just taken place, I .. ud to the Secretary’s
desk, and ask to have read for the info tatiou of the Senate,
s°Me telegrams bearing upon the Connect! t River improvement
Springfield , Ma s s .,
Ja nua ry
Senator W il lia m A lden S m it h , W a s h i n g t o n , D . C . :
Entire membership Connecticut Valley Waterways Association urge
immediate passage in Senate, without amendment, of Connecticut River
II. II. B owman ,
V ic e I ’resid c n t.
Springfield , M uss ., J 0 lu a r y
W illiam A lden S mith;.
S e n a t e , W a sttm & L o n , D . C . :
28, 1913.
j /F
We request immediate pahsggc Connecticut IUsffr hill, without amend
ment.
niN A. D enison ,
T
T
Hon. W illiam A lden S m ith .
SriujrfmroMl, Mas s .,
jg r
W q ^ ffn g to n ,
M ayor.
J a n u a r y 27, 1913.
7). ( U :
It is absolutely necessary M*obtain adequate nav**aiion in Connecti
cut River for western Massachusetts that ConnecticiHw River bill h
e
passed without amendment at this session of Congress.
U n ited
S ta te s
S e n a te,
S p r i n g f i e l d B o a r d o m 1T r a d e ,
C h a s . II. B e c k w i t h , C o u n s e l.
INSPECTION AND GRADING OF GRAIN.
Mr. CRAWFORD. Mr. President, the bill (S. 223) to pro
vide for the inspection and grading of grain entering into inter
state commerce, and to secure uniformity in standards and
classification of grain, and for other purposes, being Calendar
No. 870, is a bill in which the producers of cereals and grains
in the NojTlnvesL are very much interested. I give notice that
at the wp(!ttotf§n o f the consideration of Senate bill No. 3 ,
wliichJP^dP^nator from Oklahoma [Mr. Owen ] has given
nofjlFL*pfould call up for consideration, I shall ask the Senate
ler Senate bill 223.
DEPARTMENT OF HEALTH.
Mr. OWEN. Mr. President, on January 30 I gave notice that
to-day, after the morning business was disposed of, I should
move that the Senate proceed to the consideration of Senate
bill No. 3, a bill providing for the establishment of a depart
ment of health.
It has been three years since a bill was introduced for the
purpose of establishing a department of health substantially
of like purpose with that which is now before the Senate, on
the calendar as Senate bill No. 1, providing for a department
of health. This bill was very thoroughly and carefully con
sidered by the committee; many hearings were given; and it
was reported on April 13, 1912, now nearly one year ago.
The Republican Party has committed itself to the policy of
improving the processes for caring for the public health. The
Democratic Party lias declared in favor of it in terms most
explicit. The question has been referred to the President’s
Commission 011 Efficiency, and a favorable report made by that
commission.
I do not think the bill now needs debate. I do not wish to
take up the time of the Senate to go into any prolonged debate.
I should like merely to state, as a brief-----The PRESIDENT pro tempore. The Chair will call the at
tention of the Senator to the fact that he has not yet moved
to take up the bill.
Mr. OWEN. I am now submitting a few preliminary observa
tions, and will then make the motion.
The PRESIDENT pro tempore. Without objection, the Sena
tor will proceed.
Mr. OWEN. The bill merely provides for the consolida
tion of an independent health service with our present health
service, combined with the bureaus having charge of the en
forcement of the pure-food act and the collection of vital sta
tistics. The matter is before the Senate, and I think it is well
understood by every Senator. I trust the matter may be dis
posed of without any extended debate. I shall be very glad io
Measure.
answer any questions with regard to it that may be asked.
I now move that the Senate proceed to the consideration o f r
14m PRESIDENT pro tempore. Withou bjection, the Secretary will read as requested.
Senate bill No. 1.
Mr. WORKS. Mr. President, I hope the Senate will not tnkf<
I'be Secretary read as follows:
up this bill |pr consideration at this time. This J> wh'at is
S p r i n g f i e l d , M a s s ’ { J a n u a r y 27, 1913,
generally knowIPa&jHie Owen medical bill. 11 is"f)orliaps one
Jon; W i l l i a m A l d e n S m i t h , W a s h i n g t o n , D . C . :
We urge the immediate passage of Connecticut *iver bill as it is, of the most generally ^dj^ussed bills outsijj# fif Congress, and
U
10ut any amendments.
4
it is one of the most earu ^ Iy^ ip oset^ j^ re that has ever been
H o l y o k e B » ard of T rade,
before the Senate.
B y M o r t o n H uL l , S e c r e t a r y .
Mr. SMOOT. Mr. President
The PRESIDING OFFERER (Mr. B ryan in the chair).
.
S p r i n g f i e l d , M a s s ., j \ u a r y 27, 1913.
Does the Senator frcmjtj^fhlifornia yield to the Senator from
o n - W il l ia m A lden S m it h ,
\
Utah?
u n ite d . S t a t e s S e n a t e , W a s h i n g t o n , D . G . :
Mr. W O R K S O P yield to the Senator.
atm,nitlust that the Connecticut *River hill will pass Congress without
)nr Mwnt. This is of vital commercial importance to mil the large
i,‘u
Mr. S^Wl^P If we are going to discuss this question and to
Bolyo\£ies ancl commercial interests of Springfield, Chicopee, and vote upotf it, I believe we ought to have a quorum of the Sen
ate present. I suggest the absence .of a quorum.
S p r i n g f i e l d B o a r d ©f T r a d e .
2-172
CONGRESSIONAL RECORD— SENATE.
February
om Oklahoma moved that it should be taken up, and on that
The PRESIDING OFFICER. The Senator from Utah sug
otion he asked for the yeas and nays. The yeas and nays
gests the absence of a quorum. The Secretary will call the
ere denied: and the only objection I made was, the yeas and
roll.
The Secretary called the roll, and the following Senators nays having been denied, that the Senator eoukl not renew his
request.
answered to their names:
The PRESIDING OFFICER. The Chair understood the
Cullom
Lea
Shively
Ashurst
Senator from New Hampshire to object. Is there objection to
Cummins
Simmons
Bacon
Lippitt
Smith, Ariz.
Curtis
the request that the Senator from California may proceed to
Bourne
McCumber
Smith, On.
Dillingham
Brandegee
AIcLean
make an explanation as to his attitude upon the bill, or a per
Smith, Md.
Bristow
du Pont
Martine, N. J.
sonal explanation, as the Chair understands the request? The
Smith, Mich.
Brown
Ballinger
Myers
Smoot
Chair hears noue. The Senator from California will proceed.
Bryan
Gamble
Oliver
Stephenson
Burnham
Owen
Gardner
Mr. "WORKS. Air. President, one of the very important
Thornton
Burton
Page
Gore
questions that will arise in the discussion of this bill is as to
Warren
Paynter
Catron
Gronna
Watson
whether or not it is necessary legislation. On the 6 tli day of
Percy
Hitchcock
Chamberlain
Webb
Perkins
Clapp
.Tackson
January I offered a resolution here, which was passed by the
Wetmore
Perky
.Johnson, M
e.
Clark, Wyo.
Senate, calling upon the Secretary of the Treasury to furnish
Williams
Pomerene
Jones
<'larke, Ark.
Works
Richardson
to the Senate information as to the medical activities of the
Kenyon
Crrm
e
Sheppard
La Foliette
Culberson
Government, and the amount of money that has been expended
re during the last year for that purpose.. That report lias not yet
The PRESIDING OFFICER. Sixty-three Sena
come to the Senate. I expect it to disclose fully the different
Vsponded to their names. A quorum of the Senate is
call for the bureaus and branches of the medical service as they now exist
Mr. OWEN. Mr. President, upon my motion
and the amount of money that the Government has paid out in
yeas and nays.
sustaining the medical activities of the Government.
The yeas and nays were not ordered.
The delay in receiving this report has not been upon my
Mr. WORKS. Mr. President, when I was interrupted I was
saying that this is what is generally known as the Owen medical part. I have inquired about it on one or two occasions. I wrote
to the Secretary of the Treasury a private letter, saying to him
bill-----.Air. GALLINGER and Mr. HITCHCOCK addressed the Chair. that it was important that that information should be had by
The PRESIDING OFFICER. Does the Senator from Cali the Senate before this bill was taken up. This morning, after
I learned that the Senator from Oklahoma desired to take up
fornia yield, and to whom?
Mr. WORKS. I yield to the Senator from New Hampshire. the bill, I telephoned to the Treasury Department to ascertain
Air. GALLINGER. I suggest to the Senator from California, when that information could be had, and was informed that two
if he will permit me, that under our rules the motion is not of the bureaus had not yet furnished the necessary informa
debatable. It is true the Senator from Oklahoma debated it tion, and that it would take a day or two, or perhaps a little
before making the motion, but I think we ought not to violate longer, to get that information.
I very much desire, and I think the Senate will desire, to
our rule. Wo will have plenty of debate if the bill comes up.
Mr. AVORKS. I am certainly not disposed to violate any of have that important information before the Senate before the
bill is taken up for discussion. It is one that necessarily will
the rules of the Senate. If there is objection----- be discussed at considerable length. I expect to make some
Air. GALLINGER. Of course, I do not object.
The PRESIDING OFFICER. The question is, Shall the Sen extended remarks upon it myself, and I desire to have this in
formation and data before the bill is taken up for discussion.
ate take up Senate bill No. 1 for consideration?
Mr. SAIOOT. I move that the Senate proceed to the consid
Air. SMOOT. Air. President-----eration of executive business.
Mr. GALLINGER. To which there is objection.
Mr. OWEN. I make the point -of order that my motion is
The PRESIDING OFFICER. The Senator from New Hamp
before the Senate.
shire objects.
The PRESIDING OFFICER. The motion of the Senator
Air. OWEN. I more that the Senate proceed to the consider
ation of the bill. I have a right, I believe, under the parlia- from Utah, however, has precedence.
All*. OWEN. Then I move a recess until 2 o’clock.
mentary rule, to have the voice of the Senate upon that question.
Mr. SAIOOT. That motion is not in order, Mr. President.
I ask that the yeas and nays he taken, if the motion is not
Mr. OWEN. That motion takes precedence o f a motion to go
agreed to by a viva voce vote.
The PRESIDING OFFICER. Undoubtedly the Senator has into executive session, as I understand the rules of the Senate
Mr. SAIOOT. Not a motion Lor a recess; a motion to adjourn
a right to a vote upon whether or not the Senate will take up
the bill. But the Senator has not a right to the yeas and nays, is the only motion that would take precedence.
Mr. OWEN. I make a motion that the Senate adjourn and
unless a fifth of the Senators present demand the yeas and nays.
'
\
Air. GALLINGER. And the Senate has declined to order the reassemble at 2 o’clock.
Mr. SMOOT. That motion is not in order, .Mr. President—
yeas and nays.
The PRESIDING OFFICER. The Chair will hear fiWVTthe
Air. OWEN. I wish to suggest that there has not been sub
\
mitted to the Senate the question whether or not the bill shall Senator from Oklahoma upon that motion.
Mr. JOHNSTON of Alabama. Air. President, I suggest\the
be taken up.
TTC
\
A[r. WORKS. I ask unanimous consent that I may make an ahpC e of a quorum.
explanation with reference to the matter, for the purpose of /T h e PRESIDING OFFICER. The Senator from Alabama
showing why I, personally, am not prepared at the present time suggests the absence of p quorum. The Secretary will call
\
to take up the discussion of the bill, and to give my reasons roll.
The Secretary called the roll, and the following Senators an\
therefor in a very few words.
swered to their names:
The PRESIDING OFFICER. The Senator from Californi
Curtis
McLean
Ashurst
asks unanimous consent that he may proceed to discuss
Smith. Md.
Dillingham
Bacon
Martine, N. J.
Smoot
bill. Is there objection?
i
Myers
Gallingcr
Bourne
Stephenson
Air. WORKS. Not to discuss the bill; I am not asking th
Gardner
O’Gorman
Brandegee
Sutherland
I do not expect to do that.
Gore
Oliver
Bristow
Swanson
Gronna
Owen
Brown
Thornton
Ah*. OWEN. The request of the Senator from Californ
Hitchcock
Page >
Bryan
Tillman
understand, is that the bill be not now considered because h
Percy
Johnson, M
e.
Burnham
Townsend
not prepared to discuss it.
Johnston, Ala.
Perkins
Catron
Warren
Perky
Kavanaugh
Chamberlain
Watson .<
Mr. WORKS. That is all.
Kenyon
Pomerene
Clapp
Webb
• All*. OWEN. To that I am constrained to object.
>
La Foliette
Richardson
Clark, Wyo.
Wetmore
The PRESIDING OFFICER. Objection is made. The
Lea
Sheppard
Clarke, Ark.
Williams
Lippitt
Shively
Cullom
Works
tion is whether the Senate shall take up Senate bill N
McCumber
Cummins
Smith, Ariz.
notwithstanding the objection of the Senator from New
shire.
The PRESIDING OFFICER. Fifty-nine Senators have re
Mr. CLARKE of Arkansas. I ask unanimous consent that
sponded to their names, and a quorum o f the Senate is present
Senator from California be allowed to submit certain rem
The Senate will pardon a statement The Chair is of the
explanation of the reasons why he does not care to have
opinion, that the motion of the Senator from Oklahoma would
bill considered at this time. That is all he asks.
take precedence, but the time having arrived to which he
Mr. AYORKS. That is all I ask.
moved a recess the motion becomes inoperative. The Senator
Mr. OWEN. I have no objection to that.
from Utah moves that the Senate proceed to the consideration
Air. GALLINGER. I rise to correct a statement ^
of executive business. The question is on the motion of the
Chair. I did not object to the bill coming up. The Senator rSenator from Utah
1913.
COXGBESSIONAL-EECOKD— SENATE.
Mr. SMITH of Georgia. On tlmt I ask for the yeas and
nays.
The yeas and nays were ordered, and the Secretary proceeded
to call the roll.
Mr. CLARK of Wyoming (when his name was called). I
V ju'o n general pair with the senior Senator from Missouri
TMr. Stone]. I transfer that pair for the day to the junior
Sena tor from Nevada [Mr. Massey ]. I vote “ yea.”
Mr. CULLOM (when his name was called). I have a general
Pair with the junior Senator from West Virginia [Mr. Chilton ]
and therefore withhold my vote.
Mr. RICHARDSON (wlien-his name was called). I have a
general pair with the junior Senator from South Carolina
[Mr. Sm ith ] and therefore withhold my vote. If he were
present, I should vote “ yea.”
Mr. WARREN (when his name was called). I have a gen
eral pair with the senior Senator from Louisiana [Mr. F oster].
• therefore withhold my vote.
1
r. DU PONT (when his name was called). I have a general
pai| with the senior Senator from Texas [Mr. Culberson], A s
he f? absent from the Chamber, I will withhold my vote.
r. RICHARDSON (when his name was called). I have a
general pair with the Senator from South Carolina [Mr.
S m ith ]. I transfer that pair to the Senator from New Mexico
[Mr. F all] and vote “ nay.”
Mr. WARREN (when his name was called). I transfer my
general pair with the Senator from Louisiana [Mr. F oster],
so that he will stand paired with the Senator from Maryland
[Mr. Jackson]. I vote “ nay.”
Mr. WATSON (when his name was called). I transfer my
pair with the Senator from New Jersey [Mr. B riggs] to my
colleague [Mr. Chilton], and I vote “ yea.”
Mr. WILLIAMS (when his name was called). With the
same explanation that I made upon the last roll call, I desire
to vote. I vote “ yea.”
The roll call was concluded.
Mr. DILLINGHAM (after having voted in the negative). I
will inquire whether the senior Senator from South Carolina
[Mr. T illman ] has voted.
The PRESIDING OFFICER, That Senator has not voted,
the Chair is informed.
Mr. DILLINGHAM. Then I withdraw my vote, having a
general pair with that Senator.
The result was announced—yeas 33, nays 33, as follows:
Mr. WATSON (when his name was called). I have a general
Pair with the senior Senator from New Jersey [Mr. B rigcs].
J transfer that pair to the junior Senator from Colorado [Mr.
T homas] and vote “ nay.”
Mr. WILLIAMS (when his name was called). I have a pair
'vith the senior Senator from Pennsylvania [Mr. Penrose],
f transfer that pair to the junior Senator from Missouri [Mr.
R eed] and vote. I vote “ nay.”
YEAS— 33.
The roll call was concluded.
Air. SHIVELY. I wish to announce that my colleague [Mr. Ashurst
O’Gorman
Gore
Bacon.
Hitchcock
Overman
K ern] is temporarily absent from the Chamber on important
Johnson, Me.
Bryan
Owen
public business.
/
Johnston, Ala.
Burton
Paynter
Mr. WARREN. As I stated before, I am paired with ftie Chamberlain
Kavanaugh
Percy
Clarke, Ark.
Lea
Perky
Senator from Louisiana [Mr. F oster ]. I make a transfer/so
Martino, N. J.
Pomerene
that that Senator will stand paired with the.Senator from Crawford
Fletcher
Myers
Sheppard
Maryland [Mr. J a c k so n ]. I will therefore vote. I vote “ ypa " Gardner
Newlands
Smith, Ariz.
Mr. DU PONT (after having voted in the affirmative
NAYS—33.
should like to inquire whether the senior Senator from
Borah
Crane
Lippitt
[Mr. C ulberson ] has voted.
Bourne
Cullom
Lodge
Cummins
Brandegee
MeCumber
The PRESIDING OFFICER. The Chair is informed that
Gallinger
Bristow
Oliver
that Senator has not voted.
Brown
Gronna
Page
Mr. DU PONT. Under those circumstances, as I ha
Burnham
Guggenheim
Perkins
Catron
.Tones
Richardson
general pair with the senior Senator from Texas, I will
Clapp
Kenyon
Smith, Mich.
draw my vote.
La Follette
Clark, Wyo.
Smoot
Mr. RICHARDSON. I will transfer my pair with the SolaNOT VOTING—29.
tor from South Carolina [Mr. Sm ith ] to the Senator from N
du Pont
Bankhead,
Massey
Mexico [Mr. F all ] and vote “ yea.”
F a ll
Nelson
Bradley
Mr. SMOOT. I desire to announce that the senior Senator Briggs
Foster
Penrose
Gamble
Poindexter
from Minnesota [Mr. Nelson] is paired with the senior Senator ^Chilton
Jackson
Culberson
Reed
from Virginia [Mr. Martin].
Root
Kern
Curtis
Shively
McLean
Mr. JONES. I desire to state that my colleague [Mr. Poin Dillingham
Simmons
Martin, Va.
Dixon
dexter] is detained from the Chamber on important business.
So Mr. Owen ’s motion was not agreed to.
The result was announced—yeas 37, nays 37, as follows:
ourne
Brandegee
Bristow
Brown
YEAS—37.
Lippitt
Lodge
MeCumber
McLean
Oliver
Page
Perkins
Richardson
Root
Smith, Mich.
NAYS—37.
Owen
Johnson, M
o.
Paynter
Johnston, Ala.
Percy
Kavanaugh
Perky
La Follette
Pomerene
Lea
Sheppard
Marti nc, N. J.
Shively
Myers
Simmons
Newlands
Smith. Ariz.
O’Gorman
Smith, Ga.
Overman
NOT VOTING—21.
Martin, Va. *
Dixon
Massey
du Pout
Nelson
Fall
Foster
Penrose
Poindexter
Jackson
Reed
Kern
Crawford
Cummins
Curtis
Dillingham
Gallinger
Gamble
Gronna
Guggenheim
Jones
Kenyon
2473
Smith, Ga.
Swanson
Thornton
Watson
Webb
Williams
A
Stephenson
Sutherland
Townsend
Warren
Wetmore
Works
Smith. Md.
Smith, S. C.
Stone
Thomas
Tillman
THE CALENDAR.
Smoot
Stephenson
Sutherland
Townsend
Warren
Wetmore
Works
Mr. SMITH of Georgia. I move that the Senate take up the
regular calendar of business and proceed to the consideration
of unobjected bills.
Burnham
Mr. LODGE and others. That is right.
Burton
The PRESIDING OFFICER. The Senator from Georgia
Catron
moves that the Senate proceed to the consideration of unob
£|app
Clark, Wyo.
jected hills under Rule VIII.
Crane
The motion was agreed to.
| Mr. LODGE. Only unobjected bills are to be considered.
Smith, Md.
Ashurst
* The PRESIDING OFFICER. The first bill on the calendar
Swanson
Bacon
will be stated.
Thornton
Bankhead
The bill (S. 2493) authorizing the Secretary of the Treasury
Tillman
Watson
Chamberlain
to make an examination of certain claims of the State of
Webb
C arke, Ark.
j Missouri was announced as first in order.
Williams
Fletcher
Mr. SMOOT. Let that go over.
Gardner
Gore
The PRESIDING OFFICER. The hill goes over on objec
Hitchcock
/
tion.
The bill (S. 1505) for the relief o f certain officers on the
Smith, S. C.
retired list of the United States Navy was announced as next
Borah
Stone
Bradiey
in order.
Briggs
Thomas
Mr. BRISTOW. Lot that go over.
Chilton
The PRESIDING OFFICER. The bill will go over.
Culberson
Cullom
^
The bill (S. 2151) to authoiize the Secretary o f the Treasury
So the Senate refused to proceed to the consideration of £xec- to use at his discretion surplus moneys in the Treasury iu tho
purchase or redemption of the outstanding interest-bearing
htive business.
The PRESIDING OFFICER. The question recurs on the obligations of the United States was announced as next in
'notion of the Senator from Oklahoma [Mr. Owen ] to proceed order.
Mr. OVERMAN. Let that go over.
tp the consideration of Senate hill No. 1. [Putting the ques
The PRESIDING OFFICER. The bill will go over.
tion.] The noes appear to have it.
The bill (S. 256) affecting the sale and disposal of public or
Mr. OWEN. I ask for the yeas and nays.
The yeas and nays were ordered, and the Secretary proceeded Indian lands in town sites, and for other purposes, was an
nounced as next in order.
to call the roll.
i
2474
CONGRESSIONAL RECORD— SENATE.
E
e b r u a k y
3
dier ” and insert “ m ajor” ; in line 7, after the name “ United
Mr. GALLINGER. Let that go over.
States,” to strike out “Army ” and insert “ Volunteers ” ; and in
The PRESIDING OFFICER. The hill will go over.
The bill (S. 3) to cooperate with the States in encouraging line 8, after the words “ rate of,” to strike out “ one hundred ”
instruction in agriculture, the trades, and industries and home and insert “ fifty,” so as to make the bill read:
B e i t e n a c t e d , e t c ., That the Secretary of the Interior he, and he is
economics in secondary schools; in maintaining instruction in
and directed
subject to
these vocational subjects in State normal schools; in maintain hereby, authorized limitations ofto place on the pension roll, of Harriet
the provisions and
the pension laws, the name
ing extension departments in State colleges of agriculture and Pierson Porter, widow of Fitz John Porter, late major general, United
mechanic arts; and to appropriate money and regulate its ex States Volunteers, and pay her a pension at the rate of $50 per month
in lieu of that she is now receiving.
penditure, was announced as next in order.
The amendments were agreed to.
Mr. GALL1NGER. I move that the bill be indefinitely post
Mr. McCUMBER. I ask for the reading both of the favor
poned.
The P R E S ID IN G OFFICER. Without objection, it is so able and the adverse reports in this case.
The PRESIDING OFFICER. Without objection, Hie Secre
ordered.
Mr. PAGE subsequently said: I should like to know what tary will read as requested.
The Secretary read the report submitted by Mr. nu Pont April
action was taken on Senate bill No. 3?
The PRESIDING OFFICER. The bill was indefinitely post 10, 1912, as follows:
The Committee on Pensions, to whom was referred the bill (S. 118)
poned.
„
,
Mr. PAGE. I suppose that is what will be eventually done granting an increase of pension to Harriet 1'. Porter, have examined
the same and report:
with it. but I ask the Senate not to do it now, for I do not
This hill as amended proposes to increase from $12 to $50 per month
the pension of Harriet 1'. Porter, widow of Fitz John Porter, late major
know what may be the condition later.
general, United States Volunteers.
The PRESIDING OFFICER. That has already been done.
The military history of Gen. Fitz John Porter shows that he was a
Mr. GALLINGER. I ask that the motion be reconsidered; cadet at the United States Military Academy from July 1, 1841, to
July 1, 1845, when graduated and appointed brevet second lieutenant,
that the bill be passed over without prejudice.
Fourth Artillery. lie was promoted full second lieutenant June Is,
Mr. PAGE. Yes; let it go over without prejudice.
first lieutenant May 29,
The PRESIDING OFFICER. Without objection, the motion 1840; general June 27, 1850. 1847; and was breveted assistant adju
tant
He was commissioned as colonel,
by which the bill was indefinitely postponed will be recon Fifteenth Infantry, May 14, 1801, and a few days later was appointed
brigadier general of Volunteers. He was promoted major general of
sidered, and the bill goes over.
Volunteers July 14, 1802, and was
The bill (S. 2234) to provide for a primary nominating elec Army January 21, 1803. By act of cashiered and dismissed from the
Congress, approved July 1. 1880,
tion in the District of Columbia, at which the qualified electors he was restored as colonel of Infantry, to rank from May 14, 1801, and
active service August 7, 1880. lie served
of the said District shall have the opportunity to vote for was retired from from September 0. 1840, to September, 1847,in the
War with Mexico
when
their first and second choice among those aspiring to be candi wounded at the storming of Chapultepec. Gen. .Porter died May 21
dates of their respective political parties for President and 1901, at the ripe old age of 80 years.
A similar
Sixty-first
Vice President of the United States, to elect their party dele and referred hill, aS. 5593, was introduced in thereport made Congress
to
subcommittee. The following
by that
gates to their national conventions, and to elect their national subcommittee in the third session of the Sixty-first Congress sets out
committeemen was announced as next in order.
in detail the services of Gen. Porter and the peculiar circumstances in
his case:
Mr. GALLINGER. Let the bill go over.
“ Your subcommittee, to whom was referred S. 5593, granting a pen
The PRESIDING OFFICER. The bill will go over.
sion to Harriet Pierson Porter, reports the same favorably with the
The bill (S. 5728) conferring jurisdiction on the Court of following amendment, viz :
the title so as
Claims to hear, determine, and render judgment in claims of to “ Amend Pierson Porter.’ ”to read: ‘ Granting an increase of pension
Harriet
the Osage Nation of Indians against the United States was
“ In line 8 strike out the period and insert a comma and the words
‘ in lieu of that she is now receiving.’
announced as next in order.
“ Maj. Gen. Fitz-John Porter, to whose widow the hill gives an in
Mr. SMOOT. Let that go over.
crease of pension, entered the United States Military Academy in 1841.
The PRESIDING OFFICER. The bill goes over.
graduated in 1845, and took part with the greatest distinction in all'
The bill (S. 331G) to repeal an act entitled “An act to pro the battles of our Army under Gen. Scott in the Mexican War. He was
mote reciprocal trade relations with the Dominion of Canada, wounded in the desperate assault upon the Belen Gate of the City of
Mexico, the 2 other officers of his battery being killed,
and for other purposes,” approved July 20, 1911, was announced 30 enlisted men of the battery being killed or wounded. and 27 out of
as next in order.
“ lie served with honor in the Regular Army until the breaking out
Mr. GALLINGER. I ask that the bill be placed under of the Civil War, when he was appointed colonel of one of the new
regiments of Infantry, and soon afterwards major general of Volun
Rule IX.
teers, being assigned to the command of a division and afterwards the
The PRESIDING OFFICER. 'Without objection, it will be Fifth Corps of the Army of the Potomac under Gen. McClellan. De
tached with his corps from that Army and ordered to join Gen. John
so ordered.
in front of Washington,
The bill (S. 5186) to incorporate the Brotherhood of North Pope in August, 1802, where lie took part in the second Battle of Bull
Run
the Fifth Corps lost in about an hour’s
American Indians was announced as next in order.
time 2,151 men, being one-third of its force present. Not long after
a successful attempt was set on foot to unjustly make Gen. Porter the
Mr. SMOOT. Let that go over.
scapegoat of the disastrous defeat of the Union forces in that battle
The PRESIDING OFFICER. The bill will go over.
Charges were preferred against him, and notwithstanding his indignant
The bill (S. 401) conferring jurisdiction on the Court of assertions of entire innocence he was tried by a general court-martial
Claims to hear, determine, and render judgment in claims which, after hearing a great deal of conflicting testimony, found him
guilty and sentenced him to
and not allowed to
of the Ponca Tribe of Indians against the United States was office of trust or profit under be cashieredStates Government. hold any
the United
announced as next in order.
“ Conscious of his innocence, Gen. Porter used every effort for years
to have his case reopened, and, after many unsuccessful attempts. in'l878
Mr. SMOOT. Let that bill go over.
President Hayes at last ordered a board of inquiry to make a thorough
The PRESIDING OFFICER. The bill goes over.
investigation of his case. Various original dispatches and other impor
The bill (S. 5917) relating to procedure in United States tant papers which had not been presented at the court-martial were
laid before this board, together with the testimony of many Confederate
courts was announced as next in order.
general officers as to the exact location and strength of the southern
Mr. CLARKE of Arkansas. Let that bill go over.
troops opposed to Porter at the second Battle of Bull Run, upon which
The PRESIDING OFFICER. The bill goes over.
were based some of the chief allegations in support of the original
HARRIET PIERSON PORTER.
The bill (S. 118) granting an increase of pension to Harriet
Pierson Porter was announced as next in order.
Mr. I)U PONT. Mr. President, if there is no objection to that
bill, I should be very glad to have it taken up.
Mr. McCUMBER. There will be some discussion on it, if that
is done, but I do not desire to object.
The PRESIDING OFFICER. What is the request of the Sen
ator from Delaware?
Mr. DU PONT. My request is that the bill be taken up; it
has been on the calendar a very long time.
Mr. BRANDEGEE. No one has objected to its consideration
Mr. GALLINGER. No.
The PRESIDING OFFICER. No one has objected to the con
sideration of the bill so far. Is there objection?
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 amendments, on page 1,
line 7, before the word “ general,” to strike out “ brevet briga-
charges, all of which conclusively showed that the previous evidence
against him was absolutely false and misleading.
“ The members of the board of inquiry, consisting of Gens. Schofield
Terry, and Getty, after a most searching investigation lasting over 12
months, reported that ‘ the original charges and specification's bore no
discernible resemblance to the actual facts in the case. That the judg
ment of the original court-martial upon Gen. Porter’s conduct was based
upon totally erroneous impressions, not only respecting what his con
duct really was, but respecting all the circumstances under which he
acted, and that not one of all the gallant soldiers who took part in
the occurrences under consideration was less deserving of such con
demnation than lie.’
“ They further reported that, in their opinion, ‘ justice requires at
his hands such action as may be necessary to annul and set aside the
findings and sentence of the court-martial in the case of Maj. Gen
Fitz-John Porter, and restore him to the positions of which that sen
tence deprived him, such restoration to take effect from the date of his
dismissal from the service.’
“ President Hayes submitted this report to Congress ‘ for such action
as shall seem expedient and just,’ and although Gen. Grant, in a printed
article in the North American Review made a very strong appeal that
justice be done to Gen. Porter, no action was taken by Congress until
June 25, 1885, when the bill was passed restoring him to the Regular
Army with the rank of colonel as of the date of his dismissal, coupled
with the proviso that he was to receive no pay or emoluments during
the time he was out of service.
c m ’ GRESSIONAL IiECOED— SENATE.
1913.
Mr. BORAH. Mr. President, I have no doubt that that re
quest will be granted bv the Senator from Ohio.
Mr. BRANDEGEE. I will *ay that if it is not, I will call up
tbe bill myself.
Mr. SMOOT. Mr. President-----The PRESIDENT pro tempore. Does the Senator from
Idaho yield to the Senator from Utah?
Mr. BORAH. I yield.
Mr. SMOOT. I thought the Senator was through.
Mr. BURTON rose.
Mr. BORAII. I yield to the Senator from Ohio.
Mr. BURTON. Mr. President, I should be ready to make
that motion now, but the chairman of the Committee on Com
merce, the Senator from Minnesota [Mr. N elson], made an
earnest request that action be not taken on the bill until his
return. He will return to-morrow morning. In any event, I
give notice that whether the bill is brought up for considera
tion or not I shall seek to address the Senate on the bill imme
diately after the close of the routine morning business to
morrow.
Mr. BORAH. Mr. President, I shall not oppose the order
which is to be moved by such concert o f action; but I will
say to the Senator from Connecticut that I am perfectly willing
that the bill shall be made the unfinished business.
Mr. BRANDEGEE. That would be the effect if the motion
prevailed to proceed to its consideration and the debate upon
it continued until after 2 o’clock, as I understand.
Mr. BORAH. That depends upon the hour at which the
motion is made.
Mr. BRANDEGEE. Yes.
. .
Mr. BORAH. I have no objection whatever to the consid
eration of this bill, but I want it to come at a time when we
can give it some consideration.
Mr. BRANDEGEE. The Senator and I are entirely in ac
cord in that respect.
Mr. SMOOT obtained the floor.
Mr. WARREN. Mr. President----- Mr. SMOOT. I yield to the Senator from Wyoming for a
moment.
LE GISLATIV E, ETC., APPROPRIATION
BIL L.
Mr. WARREN. Mr. President, at an earlier day conferees
were appointed on the legislative, executive, and judicial appro
priation bill. The Senator from Louisiana [Mr. F oster], who
was unavoidably called away and who will be away for some
time, requests that his place upon the conference committee be
filled, and I ask the Chair to fill it.
The PRESIDENT pro tempore. Upon the statement of the
Senator from Wyoming, the Senator from Louisiana [Mr. Fos
ter] will be excused from service upon the conference commit
tee, and the Senator from North Carolina [Mr. Overman] will
be appointed in his place.
EXECUTIVE SESSIO N .
Mr. SMOOT. Mr. President, I move that the Senate proceed
to the consideration of executive business.
The PRESIDENT pro tempore. The Senator from Utah
moves that the Senate proceed to the consideration of executive
business.
Mr. MARTIN of Virginia. Upon that I ask for the yeas and
bays.
The yeas and nays were ordered, and the Secretary proceeded
to call the roll.
Mr. BRADLEY (when his name was called). I am paired
with the junior Senator from Indiana [Mr. K ern], and there
fore withhold my vote.
Mr. CLARKE of Arkansas (when liis name was called). I
Pm paired with the junior Senator from Utah [Mr. Suther
land].
Unless he appears before the roll call is concluded, I
will not vote.
Mr. SHIVELY (when Mr. K ern’s name was called). I de
sire to announce that my colleague is necessarily absent from
the city. He is paired with the junior Senator from Kentucky
[Mr. Bradley].
Mr. MARTIN of Virginia (when his name was called). I
am paired for the day with the Senator from Minnesota [Mr.
K elson]. I transfer that pair to the Senator from Oklahoma
[Mr. Gore] and vote. I vote “ nay.”
Mr. OLIVER (when his name was called). I am paired with
the junior Senator from Oregon [Mr. Chamberlain]. I desire
this announcement to stand for the day.
Mr. PAYNTER (when his name was called). I have a gen
eral pair with the senior Senator from Colorado [Mr. Guggen
heim ]. As he is absent from the Chamber, I will withhold my
vote.
Mr. PERKINS (when his name was called). I have a gen
eral pair with the junior Senator from North Carolina [Mr.
Overman]. A s he is paired with the Senator from Massachu
setts [Mr. Crane], which leaves me free to vote, I will do so.
I vote “ yea.”
Mr. RICHARDSON (when his name was called). I have a
general pair with the junior Senator from South Carolina [Mr.
Sm ith ]. In his absence, I withhold my vote.
Mr. SMITH of Michigan (when his name was called). I am
paired w*ith the junior Senator from Missouri [Mr. R eed]. I
transfer that pair to the Senator from New Mexico [Mr. F all]
and will vote. I vote “ yea.”
Mr. WARREN (when his name was called). I have a general
pair with the Senator from Louisiana [Mr. F o s t e r ] , who is
detained from the Chamber by illness in his family. I therefore
withhold my vote.
The roll call was concluded.
Mr. CLARK of Wyoming (after having voted in the affirma
tive). I transfer my general pair with the senior Senator from
Missouri [Mr. Stone] to the junior Senator from Nevada [Mr.
Massey ] and will allow my vote to stand. I ask that this an
nouncement m ay stand for the day.
Mr. WATSON. I have a general pair with the senior Sena
tor from New Jersey [Mr. B riggs]. I transfer that pair to
the Senator from Oklahoma [Mr. Owen ] and vote. I vote
“ nay.”
Mr. THORNTON. I desire to announce the necessary absence
of my colleague [Mr. Foster] on account o f illness in his family,
and also that lie is paired with the junior Senator from
Wyoming [Mr. W arren]. I ask that this announcement may
stand for the day.
The result was announced—yeas 37, nays 35, as follows:
Borah
Bourne
Brandegee
Bristow
Brown
Burnham
Burton
Catron
Clapp
Clark, Wyo.
Asliurst
Bacon
Bankhead
Bryan
Chilton
Culberson
Fletcher
Gardner
Hitchcock
Bradley
Briggs
Chamberlain
Clarke, Ark.
Crane
Dixon
YEAS—37.
Jones
Kenyon
Lippitt
Lodge
McCumber
McLean
Pago
Penrose
Perkins
Root
NAYS—35.
Johnson. Me.
O’Gorman
Johnston. Ala.
Percy
Kavanaugh
Perky
Da Follette
Pomerene
Lea
Sheppard
Martin, Va.
Shively
Martine, N. J.
Simmons
Myers
Smith, Ariz.
Newlands
Smith, Ga.
NOT VOTING—23.
Fall
Nelson
Foster
Oliver
Gore
Overman
Guggenheim
Owen
Kern
Paynter
Massey
Poindexter
Crawford
Cullom
Cummins
Curtis
Dillingham
du Pont
Gallinger
Gamble
Gronna
Jackson
Smith, Mich.
Smoot
Stephenson
Sutherland
Townsend
Wetmore
Works
Smith, Md.
Swanson
Thomas
Thornton
Tillman
Watson
Webb
Williams
Reed
Richardson
Smith, S. C.
Stone
Warren
So the motion was agreed to, and the Senate proceeded to the
consideration of executive business. After 1 hour and 15
minutes spent in executive session the doors were reopened, and
(at 2 o’clock and 10 minutes p. m.) the Senate adjourned until
to-morrow, Wednesday, February 5, 1913, at 12 o'clock meridian.
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 te F e b r u a r y J 1 9 j
h
Collector
of
3,
Customs.
Frederick S. Stratton, of California, to be collector of customs
for the district of San Francisco, in the State of California.
(Reappointment.)
Promotions
in the
P ublic H ealth Service.
William E. Glanville to be assistant surgeon in the Public
Health Service, United States, to fill an original vacancy.
John H. Smith, jr., to be assistant surgeon in the Public
Health Service, United States, to fill an original vacancy.
Henry F. White to be assistant surgeon in the Public Health
Service, United States, to fill an original vacancy.
Surveyor General or Oregon.
D.
L. Keyt, of Oregon, to be surveyor general of Oregon, vice
George A. West gate, term expired.
R eceiver
of
P ublic Moneys.
Douglas W. March, of South Dakota, to be receiver of public
moneys at Pierre, S. Dak., his term expiring February 5, 1913.
(Reappointment.)
2534
'
CONGRESSIONAL RECORD—SENATE.
P r o m o t io n s i n
the
A rm y.
QUARTERM ASTER CORPS.
Lieut. Col. Thomas Cruse, Quartermaster Corps, to be colonel
from February 1, 1913, vice Col. William H. Miller, retired
from active service January 31, 1913.
Maj. Arthur W. Yates, Quartermaster Corps, to be lieutenant
colonel from February 1, 1913, vice Lieut. Col. Thomas Cruse,
promoted.
IN F A N T R Y A R M .
Lieut. Col. Samuel W. Dunning, Infantry, unassigned, to be
colonel from February 3, 1913, vice Col. Charles A. Booth, un
assigned, retired from active service January 31, 1913.
Maj. Robert H. N o b l e , T w e l f t h Infantry, to be lieutenant
colonel from February 1, 1913, vice Lieut. Col. Samuel W.
Dunning, unassigned, promoted.
,
Capt. Isaac C. Jenks, Infantry, unassigned, to be major from
February 3, 1913, vice Maj. Robert H. Noble, Twelfth Infantry,
promoted.
A p p o in t m e n t s i n
the
A rm y.
M EDICAL RESERVE CORPS.
T o he first lieu ten a n ts w ith ra n k 'from J a n u a r y 25, 1 913.
Roger Post Ames, of Louisiana.
George Henry Torney, jr., of Massachusetts.
P ostm asters.
ALABAM A.
Reuben Ilosea Sartain to be postmaster at Oakman, Ala., in
place of Alice A. Sartain, deceased.
Edgar A. McFerrin to be postmaster at Opp, Ala., in place of
Edgar A. McFerrin. Incumbent’s commission expires February
20, 1913.
Henry C. Willis to be postmaster at Alexander City, Ala., in
place of Henry C. Willis. Incumbent’s commission expires Feb
ruary 20, 1913.
AR IZO N A .
Leonard D. Redfield to be postmaster at Benson, Ariz., in
place of Leonard D. Redfield. Incumbent’s commission expires
February 11, 1913.
CA LIFO RN IA.
John J. Campbell to be postmaster at Galt, Cal., in place of
John J. Campbell. Incumbent’s commission expired January 20,
1913.
Albert E. Dixon to be postmaster at Point Loma, Cal., in place
of Albert E. Dixon. Incumbent’s commission expired January
20, 1913.
John T. Green to be postmaster at Wasco, Cal. Office became
presidential January 1, 1913.
Frederick C. Harvey to be postmaster at Lone Pine, Cal.
Office became presidential January 1, 1913.
Frank H. Owen to be postmaster at Colton, Cal., in place of
Wilson Hays, deceased.
John II. Rupp to be postmaster at Cucamonga, Cal. Office
became presidential January 1, 1913.
David C. Simpson to be postmaster at Courtland, Cal., in
place of Charles E. Bauer, resigned.
Evelyn Stokes to be postmaster at Guadalupe (late Guadaloupe), Cal., in place of Evelyn Stokes, to change name of office.
COLORADO.
E. F. Van Noy to be postmaster at Fort Morgan, Colo., in
place of Frank E. Baker, removed.
CONNECTICUT.
William E. Gates to be postmaster at Glastonbury, Conn., in
place of William E. Gates. Incumbent’s commission expired
January 20, 1913.
Tudor Gowdy to be postmaster at Thompsonville, Conn., in
place of Tudor Gowdy. Incumbent’s commission expired Jan
uary 20, 1913.
DELAW ARE.
Walter Beaston to be postmaster at Middletown, Del., in place
lof John A. Dolls, deceased.
FLORIDA.
Leland M. Chubb to be postmaster at Winter Park, Fla., in
place of Leland M. Chubb. Incumbent’s commission expires
February 9, 1913.
Florida E. Gay to be postmaster at Lynn Haven, Fla. Office
became presidential January 1, 1913.
John Harvey to be postmaster at Williston, Fla. Office
became presidential January 1, 1913.
James H. Lundy to be postmaster at Perry, Fla., in place of
James II. Lundy. Incumbent’s commission expired January 26,
1913.
February 4,
GEORGIA.
Julian Asher to be postmaster at Midville, Ga. Office became
presidential January 1, 3913.
Benjamin L. Bryan to be postmaster at Union Point, Ga., in
place of Benjamin L. Bryan. Incumbent’s commission expired
January 27, 1933.
Mary P. Dixon to be postmaster at West Point, Ga., in place
of Mary P. Dixon. Incumbent’s commission expired January
27, 1913.
William T. Edwards to be postmaster at Canton, Ga., in place
of William T. Edwards. Incumbent’s commission expired Jan
uary 11, 1913.
Henry M. Miller to be postmaster at Colquitt, Ga., in place of
Henry M. Miller. Incumbent’s commission expired January 27,
1913.
William F. Pentecost to be postmaster at Lawrenceville, Ga.,
in place of William C. Cole, resigned.
Josiah J. Walker to be postmaster at Bowden, Ga. Office
became presidential January 1, 1913.
ID A H O .
Thomas C. White to be postmaster at St. Maries, Idaho, in
place of Thomas C. White. Incumbent’s commission expired
December 17, 1912.
IL L IN O IS .
Arthur Brown to be postmaster at Thebes, 111., in place of
Holly C. Marchildon, removed.
Wallace Diver to be postmaster at Dallas City, 111., in place of
Wallace Diver. Incumbent’s commission expired January 26,
1913.
Mary E. Foster to be postmaster at Bradford, 111., in place of
Eugene A. Foster, deceased.
William M. McDonald to be postmaster at Chandlerville, 111.,
in place of William M. McDonald. Incumbent’s commission ex
pired January 14, 1913.
Herman F. Mette to be postmaster at Flanagan, 111., in place
of Herman F. Mette. Incumbent’s commission expires Feb
ruary 20, 1913.
S. J. Porterfield to be postmaster at Cullom, 111., in place of
John W. White. Incumbent’s commission .expires February 20,
1913.
IN D IA N A .
Joseph S. Yanatta to be postmaster at Earl Park, Ind.,
in place o f Joseph S. Vanatta. Incumbent’s commission expired
January 25, 1913.
William L. Walters to be postmaster at Fort Branch, Ind.,
in place of William L. Walters. Incumbent’s commission ex
pires March 2, 1913.
IO W A .
George C. Allen to be postmaster at Estherville, Iowa, in
place of George O. Allen. Incumbent’s commission expired
December 20, 1910.
Eugene M. Crosswait to be postmaster at Earlham, Iowa,
in place of Eugene M. Crosswait. Incumbent’s commission ex
pires February 9, 1913.
Harry C. Chappie to be postmaster at Independence, Iowa,
in place of Harry C. Chappie. Incumbent’s commission expires
February 20, 1913.
William B. Davis to be postmaster at Lewis, Iowa. Office
became presidential January 1, 1913.
Susan Dickey to be postmaster at Mechanicsville, Iowa, in
place of William L. Comstock. Incumbent’s commission ex
pired December 14, 1912.
John H. Hunt to be postmaster at Allison, Iowa, in place of
John II. Hunt. Incumbent’s commission expired December 14
1912.
J.
E. T. Johnson to be postmaster at Gowrie, Iowa, in place of
J. E. T. Johnson. Incumbent’s commission expired December
14, 1912.
Eva Keith to be postmaster at Goldfield, Iowa, in place of
Eva Keith. Incumbent’s commission expired January 1 1 , 1913.
S. L. Thompson to be postmaster at Convith, Iowa, in place
of S. L. Thompson. Incumbent’s commission expired March 25
1912.
K AN SAS.
Henry L. Cooper to be postmaster at Eldorado, Kans., in place
of Alice Murdock, removed.
Clarence P. Dutton to be postmaster at McCracken, Ivans., in
place of Clarence P. Dutton. Incumbent’s commission expired
January 14, 1913.
Maude McElheny to be postmaster at Louisburg, Ivans., in
place of George V. McElheny, deceased.
Harry B. Price to be postmaster at Cherokee, Ivans., in place
of John F. Price. Incumbent’s commission expired January 1 1 ,
1913.
1913.
CONGRESSIONAL RECORD— SENATE.
CO M M ITTEE SERVICE.
Mv. GALLINGER submitted tlie following resolution, which
Wils reiul, considered by unanimous consent, and agreed to:
That Mr. Brady be assigned to service on and to the chaircAn
tho Committee on National Banks, and to service on the
Wniu
on Agriculture and Forestry, Coast and Insular Survey,
.xpenciitures in the Department of Commerce and Labor, and Military
C H A RLE S H . ARBUCKfeE AN D BESSIE VON HAETJ2N.
Mr. BRISTOW submitted the following resolution (S. Res.
453), which was read and referred to the Committee to Audit
and Control the Contingent Expenses of the Senate:
R e s o l v e d , That the Secretary of the Senate be, and he hereby is, authoi ized and directed to pay, out of the contingent fund of the Senate,
to Charles H. Arbuckle, who served as clerk to the lion. Kirtland I.
Perky, Senator from Idaho, from January 25 to February 6, u91o, the
sum of $66.67, being at the rate of compensation now paid to clerks to
Senators, and to Bessie Von Marten, who served as stenographer to
Senator Perky for the same period, the sum of §40. being at the rate
of compensation now paid to stenographers to Senators.
EXECUTIVE
SE SSIO N .
[Mr. B riggs]. I ask that this announcement may stand for
the day.
Mr. CULBERSON. I inquire if the Senator from Delaware
[Mr. d u Pont] has voted?
The PRESIDENT pro tempore. The Chair is informed that
he lias not.
Mr. CULBERSON. I transfer my general pair with that
Senator to the Senator from Maryland [Mr. Smith ] and will
vote. I vote “ nay.”
Mr. HITCHCOCK. I desire to announce that the junior
Senator from Indiana [Mr. K ern] is absent from the Chamber
on public business, and is paired with tlie Senator from Ken
tucky [Mr. B radley].
Mr. SMOOT. I desire to announce that the Senator from
New York [Mr. Root] is paired with tlie Senator from Indiana
[Mr. Shively]. The Senator from New York is unavoidably
detained from the Senate.
Mr. OLIVER (after having voted in the affirmative). I in
quire if the junior Senator from Oregon [Mr. Chamberlain ]
has voted?
The PRESIDENT pro tempore. The Chair is informed that
he has not.
Mr. OLIVER. I have a general pair with that Senator, and
I therefore withdraw my vote.
I wish to announce that my colleague [Mr. Penrose] is de
tained from the Chamber on account o f illness.
The result was announced—yeas 36, nays 34, as follows:
Mr. LODGE. I move that the Senate proceed to the consid
eration of executive business.
Mr. OVERMAN. Mr. President. I suggest the absence of a
Quorum.
The PRESIDENT pro tempore. The
Carolina suggests the absence ot a quorum. 1
►
proceed to call the roll.
.
senators
The Secretary called 1he roll, and the follow
Borah
answered to their names:
Bourne
Ashurst
Bacon
Bankhead
Borali
Bourne
Brady
Brandegee
Bristow
Brown
Burnham
Burton
Catron
Chilton
Clapp
Clark, Wyo.
Clarke, Arlc.
Crane
Crawford
Cummins
Curtis
Dillingham
Fletcher
Gal linger
Gamble
Gardner
Gronna
Guggenheim
Hitchcock
Jackson
Johnston, Ala.
.T
ones
Kavanaugh
Kenyon
Lea
Lippitt
Lodge
MeCumber
Martin, Va.
Marline, N. J.
Myers
Nelson
O’Gorman
Oliver
Overman
Tage
Paynter
Perkins
Pomerene
Boot
Sheppard
Simmons
Smith, Ariz.
Smith, Ga.
Smith. Mich.
Smith. S. C.
Smoot
Stephenson
Sutherland
Thomas
Thornton
Tillman
Townsend
Webb
Wetmore
Williams
Works
Mr. THORNTON. I desire to announce the necessary ab
sence of my colleague [Mr. F oster] on account of serious
illness in his family, and also that he is paired with the junior
Senator from Wyoming [Mr. W arren]. I ask that this an
nouncement may stand for the day.
The PRESIDENT pro tempore. Upon the call of the roll
°f the Senate G Senators have responded to their names, and
O
quorum of the Senate is present. The Senator from Massa
chusetts moves that the Senate proceed to the consideration
°f executive business. [Putting the question.] The noes ap
pear to have it.
Mr. McCUMBER and Mr. SMOOT called for the yeas and
Pays, and they were ordered.
2637
Brady
Brandegee
Brown
Burnham
Burton
Catron
Clapp
Ashurst
Bacon
Bankhead
Bristow
Bryan
Chilton
Clarke, Ark.
Culberson
Fletcher
Bradley
Briggs
Chamberlain
Cullom
Dixon
du Pont
Fall
YEAS— 36.
Guggenheim
Jackson
Jones
Kenyon
Lippitt
Lodge
MeCumber
McLean
Nelson
NAYS—34.
Gardner
O'Gorman
Hitchcock
Overman
Johnson, Me.
Paynter
Johnston, Ala.
Poindexter
Kavanaugh
Pomerene
Lea
Sheppard
Martin, Va.
Simmons
Martino, N. J.
Smith. Ariz.
Myers
Smith, Ga.
NOT VOTING—25.
Foster
Owen
Gore
Penrose
Kern
Percy
H
oed
La Follette
Massey
Richardson
Newlands
Root
Oliver
Shively
Clark, Wyo.
Crane
Crawford
Cummins
Curtis
Dillingham
Gallinger
Gamble
Gronna
Page
Perkins
Smith, Mich.
Smoot
Stephenson
Sutherland
Townsend
Wetmore
Works
Smith, S. C.
Swanson
Thomas
Thornton
Tillman
Webb
Williams
Smith, Md.
Stone
Warren
Watson
So the motion was agreed to, and the Senate proceeded to the
consideration of executive business. After four hours spent in
executive session the doors were reopened, and (at 4 o’clock and
30 minutes p. m.) the Senate adjourned until to-morrow, Friday,
February 7, 1913, at 12 o’clock meridian.
The Secretary proceeded to call the roll.
Mr. CLARK o f Wyoming (when his name was called). I
have a general pair with the senior Senator from Missouri
fMr. Stone], For the day I transfer that pair to the junior
Senator from Nevada [Mr. Massey ] and will vote. I vote
“ yea.”
Mr. GALLINGER (when Mr. Cullom's name was called). I
to announce that the Senator from Illinois [Mr. Cullom]
ls detained from the Chamber by illness.
Mr. SMITH of Michigan (when his name was called). I am
Paired with the junior Senator from Missouri [Mr. R eed]. I
transfer that pair to the Senator from New Mexico [Mr. Fall]
and will vote. I vote “ yea.” I desire this announcement to
stand for the day.
Mr. SMITH of South Carolina (when his name was called).
* have a pair with the Senator from Delaware [Mr. R iciiardI transfer that pair to the Senator from Nevada [Mr.
a i -Wlands] and will vote.
I vote “ nay.”
Mi-. WILLIAMS (when his name was called). I transfer my
Pair with the Senator from Pennsylvania [Mr. Penrose] to the
Senator from Oklahoma [Mr. Gore] and will vote. I vote
nay.”
The roll call was concluded.
Mr. CHILTON. I desire to transfer my pair with the
senator from Illinois [Mr. Cullom] to the.Senator from OklaKmia [Mr. O wen] and to vote. L vote “ nay.”
" Pile I am on mv feet I wish to announce the pair of my
colleague [Mr. W atson ] with the Senator from New Jersey
NOMINATIONS.
E x e c u t i v e n o m in a tio n s r e c eiv e d b y th e S e n a te F e b r u a r y 6, 1 01 3 .
Promotion
in the
A rmy.
IN F A N T R Y AR M .
Second Lieut. Edwin C. McNeil, Fourteenth Infantry, to be
first lieutenant from February 4, 1913, vice First Lieut. Calvert
L. Davenport, Nineteenth Infantry, retired from active service
February 3, 1913.
A ppointments
in the
Navy.
TO BE A S S IS T A N T SURGEONS IN T H E M EDICAL RESERVE CORPS FROM
T H E DATES SET OPPOSITE T H E IR N A M E S .
J. Forrest Burnham, citizen of Massachusetts, January 23,
1913.
Adolphus B. Bennett, citizen of District of Columbia. January
25, 1913.
Charles A. Simpson, citizen of District of Columbia. Januarv
25, 1913.
William S. Bainbridge, citizen of New York, January 25. 1913.
Ilomer G. Fuller, citizen of District of Columbia, January 27,
1913.
Louis C. Lelir, citizen of Maryland. January 27. 1913.
James J. Richardson, citizen of District of Columbia, January
31, 1913.
William G. Morgan, citizen of District o f Columbia, January
31, 1913.
CONGRESSIONAL RECORD— HOUSE.
Promotions
in the
K w y.
T
ALABAM A.
William Wagner to be postmaster at Atmore, Ala., in place
of William Wagner. Incumbent’s commission expired December
10, 1912.
CA LIFO RN IA.
DELAW ARE.
6,
hursday,
F ebru ary G: 1913.
The House met at 12 o'clock noon.
The Chaplain, Rev. Henry N. Couden, D. D., offered the fol
lowing prayer:
Eternal God our heavenly Father, the same yesterday, to-day,
and forever, help us with renewed confidence in Thee and in
the gifts Thou hast bestowed upon us, to go forward to the
tasks of the new day that we may work out our own salvation
with fear and trembling, assured that it is God wrhich worketh
in us both to will and to do of His good pleasure. And Thine
be the praise through Jesus Christ our Lord. Amen.
The Journal of the proceedings of yesterday was read and
approved.
Postmasters.
John R. Black to be postmaster at Milton, Del., in place of
John R. Black. Incumbent’s commission expired December 17,
1912.
Irwin M. Chipman to be postmaster at Seaford, Del., in place
of Irwin M. Chipman. Incumbent’s commission expired Jan
uary 18, 1913.
Frank F. Davis to be postmaster at Laurel, Del., in place of
Frank F. Davis. Incumbent’s commission expired December 16,
1912.
Thomas Jefferson to be postmaster at Smyrna, Del., in place
of Thomas Jefferson. Incumbent’s commission expired January
9, 1912.
George W. Vantine to be postmaster at New Castle, Del., in
place of George W. Vantine. Incumbent’s commission expired
May 27, 1912.
e b r u a r y
H O U S E O F R E P R E S E N T A T IV E S .
Pharmacist Oscar G. Ruge to be a chief pharmacist in the
Navy from the 15th clay of January, 1913, upon the completion
of six years’ service, in accordance with a provision contained
in an act of Congress approved August 22, 1912.
Arthur H. Turner, a citizen of Pennsylvania, to be a second
lieutenant in the Marine Corps from the 30th day of January,
1913, to fill a vacancy.
George B. Hannahs to be postmaster at San Jacinto, Cal.,
in place of George B. Hannahs. Incumbent’s commission expires
February 20, 1913.
Peter J. McFarlane to be postmaster at Tehachapi, Cal., in
place of Peter J. McFarlane. Incumbent’s commission expired
January 22, 1913.
F
COLORADO SPRIN GS AN D M A N IT O U W AT ER S U P P L Y .
The SPEAKER laid before the House the bill H. R. 23293. an
act for the protection of the water supply o f the city of Colo
rado Springs and the town of Manitou, Colo., wT
ith Senate
amendments.
The Senate amendments were read.
Mr. TAYLOR of Colorado. Mr. Speaker, I ask unanimous
consent that the House disagree to the Senate amendments and
ask for a conference.
The SPEAKER. Is there objection?
There w\t s n o o b j e c t i o n .
The SPEAKER appointed as conferees on the part of the
House Mr. F e r r i s , Mr. G r a h a m , and Mr. V o l s t e a d .
AG RICU LTU RAL E X TE N SIO N D EPA RTM E N TS.
The SPEAKER laid before the House the bill IT. R. 22871, an
act to establish agricultural extension departments in connec
tion with agricultural colleges in the several States receiving
the benefit of an act of Congress approved July 2, 1S62, and of
acts supplementary thereto, with a Senate amendment.
Mr. LEVER. Mr. Speaker, I ask unanimous consent to dis
agree to the Senate amendment and ask for a conference.
The SPEAKER. The gentleman from South Carolina asks
IDAHO.
unanimous consent to disagree to the Senate amendment and
Ferdinand Beckman to be postmaster at Troy, Idaho, in place ask for a conference. Is there objection?
There was no objection.
of Ferdinand Beckman. Incumbent’s commission expired Jan
The SPEAKER appointed as conferees on the part of the
uary 22, 1913.
House Mr. Lamb, Mr. L ever, and Mr. H augen.
IL L IN O IS .
F.
E. Herold to be postmaster at Hamilton, 111., in place of
F. E. Herold. Incumbent’s commission expires February 9,1913.
CO M BIN ATIO N S
IN
R E ST R A IN T OF TRADE,
IM PO R TA TIO N S.
'W IT H
REFERENCE TO
The SPEAKER laid before the House the bill (II. R. 25002,
an act to amend section 73 and section 76 of the act of August
Levi M. Black to be postmaster at Ireton, Iowa, in place of 27, 1894, with Senate amendments.
Levi M. Black. Incumbent’s commission expired January 24,
The Senate amendments were read.
1909.
Mr. NORRIS. Mr. Speaker, I move to concur in the Senate
M IS S IS S IP P I.
amendments.
R.
D. Porter to be postmaster at Tupelo, Miss., in place of The motion was agreed to.
Dozier Anderson. Incumbent’s commission expired December
H E IR S OF S A M U E L SC IIIFF EB .
16, 1912.
The SPEAKER laid before the House the bill II. R. 8861, an
O H IO .
act for the relief of the legal representatives of Samuel Scliiffer,
Elmer L. Godwin to be postmaster at West Mansfield, Ohio, in with a Senate amendment.
The Senate amendment was read.
place of Elmer L. Godwin. Incumbent’s commission expired
The SPEAKER. Is there objection to the present considera
May 16, 1912.
tion o f the amendment?
TE X A S.
Mr. SHERLEY. Mr. Speaker, I would like to have some ex
Richard L. Coleman to be postmaster at Rusk, Tex., in planation by the gentleman.
place of Richard L. Coleman. Incumbent’s commission expired
The SPEAKER. The gentleman from Kentucky reserves the
January 27, 1913.
right to object, and asks for an explanation.
Charles M. Diller to be postmaster at Alto, Tex., in place of
Mr. MORSE of Wisconsin. Mr. Speaker, this is a bill for the
Charles M. Diller. Incumbent’s commission expired January relief of the heirs of Samuel Schiller, passed by the House
27, 1913.
unanimously a little while ago. It comes from the Committee
VERM ONT.
on War Claims. The Senate amended the bill. As it passed
Henry S. Webster to be postmaster at Orleans, Vt., in place the House it carried a direct appropriation of $62,158.34. The
of Henry S. Webster. Incumbent’s commission expired Janu Senate amended the bill by referring it to the Court of Claims
and giving the court authority to try the case and enter judg
ary 11, i913.
ment. Now I desire to move to concur in the Senate amend
W EST VIR G IN IA .
ment with an amendment, and the amendment I propose is
Joseph Williams to be postmaster at St. Marys, W. Va., in simply to provide that in no event shall the judgment rendered
place of Joseph Williams. Incumbent’s commission expired exceed the sum of $62,158.34, the amount in the House bill.
January 6 , 1913.
The SPEAKER. Is there objection?
W ISC O N SIN .
Mr. ANTHONY. Reserving the right to object, Mr. Speaker,
Thomas Gander to be postmaster at Soldiers Grove, Wis., in I would like to ask the gentleman what committee that c-ame
place of Thomas Gander. Incumbent’s commission expires from in the Senate?
Mr. MORSE of Wisconsin. The Senate Committee on Claims.
March 1, 1913.
James E. Harris to be postmaster at Prairie du Chien, Wis.,
Mr. ANTHONY. Is it a fact that the Committee on Claims
in place of James E. Harris. Incumbent’s commission expires in the Senate is holding up bills sent over from the House?
Mr. MORSE of Wisconsin. This is a House bill.
March 2, 1913.
IO W A .
S S SSPSZTTf
1915.
O
CONGRESSIONAL RECORD— SENATE.
Mr. NELSON submitted au amendment authorizing the Secretary of War to enter into an agreement with the Municipal
Electric Co., of Minnesota, for the purpose of utilizing the
hydroelectric power developed by the surplus waters not needed
01 navigation by the dam described and provided for in House
EociVnent No. 741, Sixty-first Congress, second session, etc., inciuldu to be proposed by him to the river and harbor appropriaion I«i, which was referred to the Committee on Commerce
aU\r 01'^frod to be printed.
Mr. BURTON submitted an amendment providing for the
construction of levees upon any part of the Ohio River between
mouth at Cairo, 111., and' Pittsburgh, Pa., intended to be
1 loposed by-..him to the river and harbor appropriation bill,
Much was refigrred to the Committee on Commerce and ordered
to bo printed. \
Mr. SMITH ml Michigan submitted an amendment proposing
io appropriate $3q,000 for improving the harbor at Arcadia,
iich., intended to \ e proposed bv him to the river and harbor
appropriation bill, \hich was referred to the Committee on
oniinorco and ordered to be printed.
Mr. JOHNSON of ilaine submitted an amendment providing
01 the improvement oi-'Thomaston Harbor, Me., etc., intended
mil e Proposed by him fo the river and harbor appropriation
,> which was referred to the Committee on Commerce and
ordered to be printed.
Mr. MARTIN of Virginia submitted an amendment proposing
o appropriate $5,000,000 for '^lie construction of a memorial
ridge across the Potomac R ivet etc., intended to be proposed
y him to the Army appropriation bill, which was referred
10 the Committee on Military Affaws and ordered to be printed.
•Mr. OVERMAN submitted an amendment providing that from
March 4, 1913, the salary of the Sewetary to the President of
rhe United States shall be $7,500 pervannum, etc., intended to
be proposed by him to the general deficiency appropriation bill,
■W
hich was referred to the Committee\>n Appropriations and
ordered to be printed.
Mr. JONES submitted an amendment Imposing to increase
the appropriation for improving the Columbia River between
Bridgeport and Kettle Falls, Wash., from $25^00 to $40,000, etc.,
intended to be proposed by him to the river mad harbor appro
filiation bill, which was referred to the Con\iittee on Com
Merce and ordered to be printed.
Mr. BRADLEY submitted an amendment pro\ding for the
survey of Licking River, Ky., etc., intended to b%iroposed by
“ U to the river and harbor appropriation bill, wlikh was or
n
dered to be printed and, with the accompanying pap<5 te, referred
10 the Committee on Commerce.
*
Mr. FLETCHER submitted an amendment proposirk: to ap
propriate $25,000 for the establishment of a fish-cultura^tation
the State of Florida, etc., intended to be proposed
him
r° the sundry civil appropriation bill, which was referled to
the Committee on Appropriations and ordered to be printed
Mr. PERCY submitted an amendment relative to the impimyehjent of the Mississippi River from Head of Passes to the mo^th
the Ohio River, etc., intended to be proposed by him to t'^
Ever and harbor appropriation bill, which was referred to th
committee on Commerce and ordered to be printed.
He also submitted an amendment relative to the improvement
t the mouth of the Yazoo River and harbor at Vicksburg, Miss.,
anto be proposed by him to the river and harbor
Ppropriation bill, which was referred to the Committee on
oiunierce and ordered to be printed.
IN T E R STA TE S H IP M E N T OF IN T O X IC A T IN G LIQUORS.
Mr. HITCHCOCK. I submit an amendment intended to be
Proposed by me to the bill (S. 4043) to prohibit interstate compierce in intoxicating liquors in certain cases. I ask that the
Mpndment be read and that it lie on the table and be printed,
d. . ore being no objection, the amendment was read and or^ei'ed to lie on the table, as follow s:
'S \ n
or‘t intended to be proposed by Mr. H itchcock to a bill (S.
to prohibit interstate commerce in intoxicating liquors in eerta*n cases.
tbis^B)0 °nd of section 2 add: " P r o v i d e d , h o w e v e r , That nothing in
conirni
1 held or construed to render illegal or subject to State
)6
into nn a interstate shipment of liquors or liquids above described
*!
Use.” y S5tate 0 ‘ Territory to an individual for his personal or family
1
2683
revolutionary forces therein, in which several of the American
marines lost their lives; and
Whereas said armed forces of the United States have continued to oc
cupy Nicaraguan territory, exercising military authority thereover,
and without the authority of Congress : Therefore
R e s o l v e d , That the President of the United States be requested, if not
incompatible with the public interest, to send to the Senate such state
ment of facts and details regarding said occupation and military activ
ity, specifically setting forth the causes which brought about such forci
ble occupation of the territory of a friendly nation and armed combat
with its citizens; and further
R e s o l v e d , That the President be requested to inform the Senate
whether American marines were placed in possession of the Government
buildings or residence of the President of Nicaragua and have continued
to occupy such buildings since said revolutionary uprising.
CO M M ITTEE SERVICE.
Mr. MARTIN of Virginia submitted tbe following resolution,
wliicb was read, considered by unanimous consent, and agreed
to:
R e s o l v e d , That the following assignments of Senators to service on
committees be m
ade, namely:
Mr. M orris S heppard , o f Texas, to Immigration, Census, Fisheries,
and Expenditures in the Department of Commerce and Labor.
Mr. C. S. T h o m a s , of Colorado, to Public Lands, Private Land Claims,
Indian Depredations, and Expenditures in the Department of the
Interior.
Mr. W i l l i a m s M. K . vvakacgti, o f Arkansas, to Indian Affairs, Indus
trial Expositions, and National Banks.
Mr. W. It. W ebb, of Tennessee, to Education and Labor and Civil
Service and Retrenchment.
COUNTING OF ELECTORAL VOTE.
Mr. DILLINGHAM submitted the following resolution
(S. Res. 455), which was read, considered by unanimous con
sent, and agreed to:
R e s o l v e d , That at 10 minutes bcfdre 1 o’clock on Wednesday. Feb
ruary 12, 1913, the Senate proceed to tbe Hall of the House of Repre
sentatives to take part in the count of the electoral vote for President
and Vice President of the United States.
PR O H IBITIO N OF SM O K IN G IN T H E SENATE CH AM BER.
Mr. TILLMAN. I send to the desk a resolution which I ask
be referred to the Committee on Rules.
The resolution (S. Res. 456) was read and referred to the
Committee on Rules, as follows:
As required by tlie standing rules of the Senate (Rule XL), notice
is hereby given that I will introduce, Monday, February 10, an amend
ment to Rule XXXIV, as follows :
“ R e s o l v e d , That Rule XXXIV be amended as follows: Strike out
(he period at tbe end of the first clause and insert a semicolon, and
thou add the following: ‘ no smoking shall be permitted at any time
on the floor of the Senate, o * lighted cigars be brought into the
r
Chamber.’ ”
N IC AR AG U A .
f
'
P A N A M A C A N A L TOLLS.
Mr. NEWLANDS. On yesterday I introduced a bill (S. S39S)
to amend an act entitled “An act to provide for the opening,
maintenance, protection, and operation of the Panama Canal
and the sanitation and government of the Canal Zone,” approved
August 24, 1912, which was read twice by its title and referred
to the Committee on Interoceanic Canals. I ask that the bill be
printed in tbe R e c o r d .
There being no objection, the bill was ordered to be printed
in the R e c o r d , a s follows:
f
,1a
A bill (S. 8398) to amend an act entitled “An a ct to provide for the
opening, maintenance, protection, and operation of the Panama Canal
and the sanitation and government of the Canal Zone,” approved
August 24, 1912.
B e i t e n a c t e d , e t c ., That section 5 of the Panama Canal act approved
ust 24, 1912, be, and it is hereby, amended by inserting, after the
“ no tolls shall he levied upon vessels engaged in the coastwise
of the United States,” the words “ or upon vessels belonging to
the United States. The tolls shall not exceed in the aggregate au
amoum sufficient to pay the United States the cost of operation, maintenan^L protection, and a fair, interest upon its expenditure in the
constru%ion of the canal, afte • deducting therefrom an amount equal
to the tells which, but for the foregoing provision, would be levied upon
vessels eiMaged in the coastwise trade of the United States and vessels
belonging
tbe United States. For the purpose of making such de
duction an xjccount shall be kept of the tonnage of such vessels passing
through tlie^anal.”
Mr. NEWBANDS. On yesterday I introduced a joint resolu
tion (S. J. Re& 159) regarding the Panama Canal tolls, which
was read twicc&by its title and referred to the Committee on
Interoceanic Caii\s. I ask that the joint resolution be printed
in tbe R e c o r d .
There being no omection, the joint resolution was ordered to
be printed in the REqfaRD, as follow s:
Joint resolution (S. J. T
|fis. 159) regarding the Panama Canal tolls.
R e s o l v e d , e t c ., That in pWiding in the recent act for the opening of
the Panama Canal, approval August 24, 1912, that “ no tolls slial? be
levied upon vessels engaged ilmhe coastwise trade of the United States ”
(S^p
of Michigan submitted the following resolution
the purpose of Congims to
in its
‘ , es- 454), which was read and referred to the Committee on it was domestic relations, like ;t$i our subject the Panama Canal water
purely
domestic rivers, canals, and
Meign Relations:
ways, to the traditional policy
freedom from the imposition of toils
W.
hoi-oas occnrPn/i f revolutionary uprising headed by Gen. Louis Mena, upon vessels engaged in domesai: and coastwise transportation for
durinn- ti,„
W —
hich
ai'iiied foreev!, f°2,
i^12- in tne Republic of Nicaragua, the expenditures made by the Government of the United States in their
^tory; an,j '
the United States were lauded in Nicaraguan terri- operation, maintenance, improvement, or construction, and that it was
not the purpose of the Government 51 the United States to impose upon
Nicaragnn'n
force* of the United States did actually occupy foreign and international tonnage an&portion of the cost of operation,
Uan territory and participate in an armed conflict with the maintenance, and interest upon the expenditures of the United States
REVOLUTION I N
""; r
i j- !
2684
CONG-R-ESSIOXA L RECORD— SENATE.
A.-!*.-
which would be properly assignable to the tonnage of vessels engaged
in (he coastwise trade.
S ec . 2. That in tb£ opinion of Congress the toils fixed by the Presi
dent for the passage of vessels engaged in foreign and international
trade through the Panama Canal will not for many years yield such
proportion of such cost of operation, maintenance, and interest as
would be properly chargeable upon vessels passing through the canal
engaged in foreign or international trade were such tolls levied upon all
vessels passing through the canal, including those engaged in the coast
wise trade of the United States, and therefore such tolls are reason
able and proportionate, and furnish no just ground of complaint to for
eign countries.
S ec . 3. That in order to clear up any misapprehension upon this sub
ject and to give assurance of the future, Congress hereby declares the
intention of the Government of the United States to fix such tolls for
the use of the Panama Canal as will pay to the United States only the
cost of operation, maintenance, protection, and a fair interest upon its
investment, and that the tolls to be charged against vessels passing
through the canal engaged in foreign or international trade shall not
exceed in the aggregate such proportion of such cost of operation, main
tenance, protection, and interest as the tonnage of such vessels bears
to the total tonnage of all vessels passing through the Panama Canal.
AGRICULTURAL EXTENSION DEPARTMENTS.
F ebruary 7
MEMORIAL ADDRESSES ON THE LATE SENATOR HEYBURN.
Mr. BORAH. Mr. President, I desire to give notice that on
Saturday, March 1, 1913, after the conclusion of the routing
morning business, I shall ask (he Senate to consider resold”
tions commemorative of the character and services of my ]at'
colleague, W eldon B. II eyburn.
MEMORIAL ADDRESSES ON LATE REPRESENTATIVES FROM PENNSYr
VANIA.
Mr. OLIVER. Mr. President, I desire to give notice that 0n
Saturday, March 1, I will ask the Senate to consider resolutions
commemorative of the lives and public services of H enry ij
B ingham , George W. K ipp, and John G. M cH enry, late Mem
bers of the: House of Representatives from the State of p enu'
sylvania.
pensions and increase of pensions.
Mr. McCUMIJER submitted the following report:
The P R E S I D E N T pro tempore laid before tlie Senate the
The committee of conference on (lie disagreeing votes of tilG
action of the House of Representatives disagreeing to the two Houses on\tlie amendments of tlie House to the bill s
amendments of the Senate to the bill (H. R. 22871) to establish 7160, an act granting pensions and increase of pensions m
agricultural extension departments in connection with agri certain soldiers Aid sailors of tlie Civil War and to certain
cultural colleges in tlie several States receiving the benefits of widows and dependent relatives of such soldiers and sailors
an act of Congress approved July 2, 1862, and acts supple having met, after ^ull and free conference have agreed to rec
mentary thereto, and requesting'a conference with the Senate ommend and do recommend to their respective Houses as fol
on the disagreeing votes of the two Houses thereon.
lows :
Mr. BURNHAM. 1 move that the Senate insist upon its
That the House r<k-ede from its amendments numbered 2 r,
amendments, agree to the conference asked for by the House, and 8.
\
’
the conferees on the part o f the Senate to be appointed by the
That the Senate resale from its disagreement to the am end
Chair.
ments of tlie House numbered 3, 3, 4, 0, 7, and 9, and agree to
The motion was agreed d o ; and the President pro tempore the same.
I
appointed Mr. Page, Mr. Crawford, and Mr. Smith of Georgia
I’. J. M cC umber,
conferees on the part of tlie Senate.
H enry E. B urnham ,
Mr. BURNHAM. Mr,^President, I desire to shy. in reference
| la n a g e r s on th e p a rt o f th e S en a te.
to the appointment of the conferees on the part of the Senate
Joe J. R ussell,
on the disagreeing votes of the two Houses on the bill, that my
J. A. M. A dair,
own strong preference was not to serve upon tlie conference;
On as. E. F uller.
other Senators who might have been named by reason of pri
M a n a g er s o n th e p a rt o f th e H o u s e .
ority of rank on tlie Committee on Agriculture and Forestry
were of the same mind, and all are agreed upon the conferees
Tlie report was a greed to.
named.
Mr. McCUMBEIt submitted the following report:
The PRESIDENT pro tempore. The conferees named were
suggested by the-Senator from New Hampshire [Mr. B urnham ),
/The committee of conference on the disagreeing votes of the
and his explanation accounts for their appointment by the
two Houses on the amendments of tlie House to the bill s.
Chair.
8034, an act granting pensions and increase of pensions to
WATER SUPPLY IN COLORADO.
The PRESIDENT pro tempore laid before (lie Senate the certain soldiers and sailors of tlie Civil War and to certain
amendments of the House of Representatives to the bill (H. R. widows and dependent relatives of such soldiers and sailors,
23293) for/the protection of the water supply of tlie city of having met, after full and free conference have agreed to rec
ommend and do recommend to their respective Houses as fol
Colorado Springs and the town of Manitou, Colo., and request lows :
ing a conference with the Senate on the disagreeing votes of
That the House recede from itS\ amendments numbered 2 5
tlie two Houses thereon.
6, 7, 9, and 10.
’ *
Mr. SMOOT. I move that the Senate insist upon its amend
That
ments and grant tlie request of tlie House for a conference, and ments (lie Senate recede from its disagreement to the amendents
that ty'e Chair appoint tlie conferees on tlie part of the Senate. same. of the House numbered 1, 3, 4, and 8, and agree to the
Tlie'motion was agreed to; and the President pro tempore
P.'; J. M cCumber.
appointed Mr. Smoot, Mr. Guggenheim, and Mr. N ewlands con
iry E. B urnham ,
ferees on the part of the Senate.
COAL MINING IN OKLAHOMA.
The PRESIDENT pro tempore laid before the Senate the
amendments of the House of Representatives to the bill (S.
3843) granting to tlie coal-mining companies in the State of
Oklahoma the right to acquire additional acreage adjoining
their mine leases, and for oilier purposes.
Mr. OWEN. I move that the Senate disagree to the amend
ments of the House and request a conference with the House on
the disagreeing votes of the two Houses thereon, and that the
Chair appoint tlie conferees on the part of the Senate.
Tlie motion was agreed t o ; and the President pro tempore ap
pointed Mr. Gamble, Mr. Clapp, and Mr. Owen conferees on
the part of the Senate.
SAMUEL SCHIFFER.
The PRESIDENT pro tempore laid before the Senate the
action of the House of Representatives agreeing to the amend
ment of the Senate to the bill (PI. R. 8861) for the relief of the
legal representatives of Samuel Scliiffer, with an amendment,
on page 2, line S, of the Senate amendment, after “ notwith
standing,” to insert:
P r o v i d e d , h o w e v e r , That in no event shall the judgment rendered in
said cause, if any, exceed the sum of $62,150.34, and the amount of
such judgment, if any, when paid to the claimants, shall be received
by them in full settlement and satisfaction of all claims.
Mr. OLIVER. I move that the Senate concur in the amend
ment of the House to the amendment of tlie Senate.
The motion was agreed to.
i
M an a gers on
he p a rt o f th e S en a te.
Russell,
M. A dair,
E. F uller,
M a n a g er s on
■ o f th e H o u s e .
t
The report was agreed to.
RIGHT OF WAY IN YELLOWSTONE NATIONAL PARK.
Mr. MYERS. I ask unanimous consent fofc tlie immediate
consideration of the bill (S. 3130) to author
Die Secretary
of the Interior to permit the Conrad-Stanford C
< o use certain
lands.
The PRESIDENT pro tempore. The Senator fr
Montana
asks unanimous consent for tlie present considerate of the bill
named by him.
Mr. SMOOT. Mr. President, I observe that, the SenXtor
Kentucky [Mr. Paynter] has given notice that he desires to
address the Senate immediately after tlie conclusion \>f tlie
routine business this morning. I am quite sure that this bill
will lead to a lengthy debate, and I therefore object to its pres
ent consideration.
Mr. MYERS. Mr. President, I will say that I have no desire
whatever to interfere with the Senator from Kentucky. I had,
of course, supposed that probably this bill would be considered
and voted on in half or three-quarters of an hour-----Mr. SMOOT. It will take a longer time than that, I am
quite sure.
1913.
2767
CONGRESSIONAL RECORD— SENATE
(list Church Epwortli League, of Piedmont; of sundry citi
zens and voters of Liberty; of sundry citizens of Medford; and
of the congregation of the Francis Street Methodist Church
South Epwortli League, of St. Joseph, all in ilie State of Mis
souri, praying for the passage of the so-called Kenyon-Sheppard
interstate liquor bill, which were ordered to lie on the table.
Mr. McCUMBER. I present a concurrent resolution adopted
1 N the Legislature of North Dakota, which I ask may lie 011 the
>
table and be printed in the R ecord.
The PRESIDENT pro tempore. The resolution will lie on
the table. A duplicate of the resolution was presented by the
Chair and ordered to be printed in the R ecord.
Mr. McCUMBER presented a memorial of the congregation
of the Seventh-day Adventist Church of Gackle, N. Dak., remon
strating against the enactment of legislation compelling the
observance of Sunday as a day of rest in the District of Co
lumbia, which was ordered to lie on the table.
He also presented a petition of sundry citizens of Milnor,
Dak., praying for the passage of the so-called KenyonSheppard interstate liquor bill, which was ordered to lie on the
table.
Mr. CRAWFORD. I present a joint resolution passed by the
legislature of the State of South Dakota relating to the sub
ject to which I called the attention of the Senate yesterday
the issuing of interlocutory injunctions out of the Federal courts
against State officers in the enforcement o f orders by State
administrative boards. As the matter is one of great impor
tance and the resolution comes under the seal of the secretary
of state of South Dakota, I ask that it be read and printed in
the R ecord.
The PRESIDENT pro tempore. The joint resolution will be
read.
The resolution was read, and referred to the Committee on the
Judiciary, as follows:
„
_
trol and beneficial use of flood waters, and we urge our Senators t u j t
Representatives in Congress to employ their best efforts to accomplish
this end.
Mr. CRAWFORD. I present a joint resolution passetL^V the
Legislature of South Dakota, which I ask may be n^ffited in
the R ecord and referred to the Committee on M ilitayffiffairs.
There being no objection, the resolution was r t& r r e d to the
Committee on Military Affairs and ordered to boaprinted in the
R ecord, as follows:
St a t e
of
U nited States of A m erica ,
SjjjSftn D a k o t a .
jjjf p u r tm e n t o f S t a t e .
S ta te o f S o u th D a k o ta , s s :
I, Frank Glasner, secretary of state of tl^jrSftate of South Dakota, do
hereby certify that the annexed bill, to w
iLjSpM
inte joint resolution No. 4,
was duly passed by the 1913 session of
Legislature of the State of
South Dakota and is now in full force*«j(l effect.
In testimony whereof I have hereuS$b set my hand and affixed the
great seal of the State of South
this 4th‘day of February, A. 1 .
>
[ seal .]
F rank G lasner ,
J g*
S e c r e ta r y o f S ta te ,
By .T. T. N elson ,
A ssista n t S e c reta ry
o f S ta te .
Joint resolution and m ggffi] requesting the Congress of the United
om
States to make Fort M fle, S. Dak., a brigade post, with permanent
fcB
brick or stone barrackspefficers’ quarters, and other buildings.
B e it r e s o l v e d b y th e £ 0 u t e
o f S o u th
D a k ota
(th e D o u se c o n c u r r in g ):
S ection 1—
Whereas Fort MeadiSs centrally located with reference to all Indian
reservations in J ortli and South Dakota, Montana, and Wyoming
G
upon which tlie*are quartered about 40,000 Indians: and
Whereas Fort M
agife is the only military post in South Dakota, and the
only post iujpfe whole Northwest possessing the required strategic
advantages tjSpcX
ercise surveillance over the Indians and afford proper
protection tglThe property and people of this rich and rapidly develop
ing coum
and
Whereas tjgf lines o f railroad now in operation offer transportation
facllitiogsover four lines in four different directions, form ing a basis
for mjgwrary movements, enabling troops to quickly reach any point
o f t ijp fc le ; and
Wherogr Fort Meade has a larger timber reservation, with the Black
H
i|®UForest Reserve, where there is pine timber and an abundant
ily of mountain spring water and also a military reservation, 2
s by 6 miles in area, containing 21,000 acres, with all available
S ta te o f S o u th D a k o ta , s s :
joining land needed for the requirements of a brigade post, whicli
T
.
Frank Glasner, secretary of state of the State of South Dakota, ■.ollectively would include the rolling prairie, open and wooded streams
do hereby certify that the annexed bill, to wit. senate joint resolution 0 of water, bluffs and brakes, bare hills and timbered mountains, offering
No. 7 was duly passed by the 191.'! session of the Legislature of the * nil practicable varieties of country for maneuvers; and
State of South Dakota and is now in full force and effect.
show that the pure, malaria-free, bracing
In testimony whereof I have hereunto set my hand and affixed 1h© Whereas the hospital records the healthiest post garrisoned in America ;
climate renders Fort Meade
great seal of the State of South Dakota this 4tli day of February
and
A. I). 1913.
Jr Whereas Fort Meade has been built as a two-squadron Cavalry post,
[ seal.]
F rank G lasner .
there having been built in the past six years brick and stone barracks
S e c reta ry o f S tM c .
for eight troops, hospital, post exchange, line and field officers'
By J. T. N elson , J r
quarters, noncommissioned officers’ quarters, bakery, powder magazine,
A s s is t a n t S e c r e ta r y o f J ffa tc .
stables, fire station, water system and concrete reservoir, sewer drain
and stable drain, macadamized roads and cement walks, electric-light
Joint resolution memoralizing Congress to limit the jurisdiction of the
wiring, and other permanent improvements modern and up to date,
district courts of the United States.
J%-'
costing over $000,000 : Therefore be it
/> i t r e s o l v e d 1>y t h e S e n a t e o f t h e S t a t e o f S o u t h Jgjjjfitota ( t h e
V
R e s o l v e d , That wc favor and earnestly urge the Congress of the
H o u se o f R e p r e s e n ta tiv e s c o n c u r r in g ):
Jt ?■
S ection 1. That the Congress of the United States .lit, and it is United States by proper enactment to designate Fore Meade as a brigade
hereby, memoralized to immediately enact legislation restricting the post and provide for the erection of additional barracks, quarters, and
jurisdiction of the district courts of the United Statejpnd withdraw other structures ample and suitable for the proper garrison thereof; and
ing from such courts jurisdiction of aclion or projjSedings for the be it further
R e s o l v e d . That w request our Senators and Representatives in Con
o
Purpose of enjoining or restraining any State offic& or State board
jg
from enforcing any State statute or administrative {gser made by any gress to employ their best efforts to compass this end.
administrative board, and particularly affecting
constitutionality
Mr. CRAWFORD. I present a joint resolution passed by tlio
State statutes and of orders made by administrative hoards in the
regulation of public-service corporations and of rigfes of fare for the Legislature of South Dakota, which I ask may he printed in the
transportation of persons and property to the end-rhat all litigation in R ecord and referred to the Committee on the Judiciary.
volving the validity of.such statutes and orders Jfiul the reasonableness
There being no objection, the resolution was referred to the
vi such rates of fare for the transportation of Jjsssengers and property
may be tried out in the State courts, saving o$P to the parties feeling Committee on the Judiciary and ordered to be printed in the
v
aggrieved thereby the right to review the rejaffd by a writ of error or
appeal sued out to the Supreme Court of tge United States from the R ecord, as follow s:
nnai determination or judgment of the hi^Jest appellate court of the Joint resolution praying Congress to enact a presidential preferential
► te
sta .
W
primary act.
S tate of S outh D akota .
D e p a r tm e n t o f S ta te .
United S tates of A merica .
Mi\ CRAWFORD. I present ;i jo|p resolution passed by the
Legislature of South Dakota, whieh»*T ask may be printed in the
R ecord and referred to the Cornu# tee on Commerce.
There being no objection, the resolution was referred to the
Committee on Commerce and oiw-red to he printed in the R ec°M ns follows:
>.
State of Soctit D akota ,
T
t
* nixed S tates of A merica ,
&
B e it r e s o lv e d b y th e S en a te o f S o u th D a k o ta ( t h e H o u s e o f R e p r e
s e n t a t i v e s c o n c u r r i n g ) , That the Congress of the United States is hereby
memorialized to enact a general statute for the nomination of presi
dential candidates by direct vote of the party electors, that said elec
tion he held in the several States on the same day.
That a copy hereof be transmitted to the Secretary of the Interior,
and to each of the Senators and Representatives in Congress from the
State of South Dakota.
_
State of South D akota .
D e p a r t m e n t o f S t a te .
&
D ep a rtm en t
of
S ta te .
U nited States of A merica ,
S ta le o f S o u th D & o t a , s s :
S ta te o f S o u th D a k o ta , s s :
, I, Frank Glasner, secretarurof state of the State of Souili Dakota,
I Frank Glasner, secretary of state of the State of South Dakota,
hereby certify that the ajmexed bill, to wit. senate joint resolution do hcrebv certify that the annexed hill, to wit, senate joint resolution
- 0 1 4 , nos duly passed by/the 1913 session of the Legislature of the No. 12, was duly passed by the 191,1 session of the Legislature of the
State of South Dakota and is now in full force and effect.
>"ate °f South Dakota and is now in full force and effect.
p
in testimony whereof J have hereunto sot ray hand and affixed the
r
In testimony whereof I have hereunto set my hand and affixed the
A I) loi-i of the Statyof South Dakota this 4th day of February, great seal of the State of South Dakota, this 4tli day of February, A. D.
1913.
n
P
[SEAL, j
F rank G lasner ,
S ec reta ry
o f S ta te .
By J. T. N elson ,
A s s is ta n t S e c r e ta r y o f S ta te .
Joint resolution fid memorial requesting the Congress of the United
States to i s the Newlands bill, relating to river regulation.
[ seal .]
F rank G lasner .
S e c r e ta r y o f S ta te .
By J. T. N elson .
A s s is ta n t S e c r e ta r y o f S ta te .
Mr. GAMBLE presented petitions of D. L. Anderson. Center
ville: of S. M. Brann, secretary of the Springfield Business
Men's Association; of Orlan P. Cook, of Clear Lake; of Rev.
lo u se o f R e p r e s e n ta tiv e s c o n c u r r in g ):
e- Glen H. Shaw, of Kadoka; of D. O. Anderson, of Big Springs;
in ,.E -T lN T That the Congress of the United States is hereby m
n V I<
t
■nornli^pd to enact during the present session the Newlands hill, pro'-uing tor the creation of a hoard of river regulation and for the con of O. S. Jones, of Clear Lake; of Thomas Simpson, of Clark;
Jj
it
"
enacts')t bIJ t h e
wfKUrfMf Uy UlC S e n a t e OJ 1h e
11(11C o f t1
S ta te
of
S o u th
D a k o ta
(th e
27(58
CONGRESSIONAL RECORD— SENATE.
of W B. Pinkerton, of Rosebud; and of the secretary of the
-.
Woman's Club of Fort Pierre, all in the State or South Dakota,
praying for the passage of the so-called Kenyon-£U*§ppard inter
state liquor bill, which were ordered to lie on .U table.
se
... He also presented a petition of the Busn|i§l Men's AssociatioiNtf,Springliekl, S. Dak., praying fog^flrreduction to 1 cent
of the pw^tage on first-class mail matte#; which was referred to
the CoinmiHqe on Post Offices andjpfst Roads.
He also p r i n t e d a joint reaimtion passed by the Legisla
ture of South DHkota, m crg^alizing Congress to limit the
jurisdiction of the cSttrkJjs^urts of the United States, which
was referred to the Committee on the Judiciary.
He also presente&^jFjdHiX resolution passed by the Legisla
ture of South Dnbyn, favoirifcfcthe enactment o f a presidential
preferential primary law, whicflNiiits referred to the Committee
on the Judiciary.
He also presented a joint resolutionl^gj^d by the Legislature
of Souths Dakota, favoring the enactmenrwfc^he so-called Newlands bill relating to river regulations, w hicW tag referred to
thq -Committee on Commerce.
He also presented a joint resolution passed by the L ^glature
of South Dakota, favoring the enactment of legislation mftteipg
1-Art Meade, S. Dak., a brigade post, which was referred to the.
JjRnninittee on Military Affairs.
g
Mr. OWEN (for Mr. Chamberlain ) presented petitions of
f sundry citizens of Newberg, Oreg., praying for the passage of
the so-called Kenyon-Sheppard interstate liquor bill, which
. were ordered to lie on the table.
v Mr. SMITH of Georgia. I present one of many petitions that
I have received from citizens of Georgia favoring the passage
of the Kenyon-McCumber bill to withdraw from interstate-com
merce protection liquors imported into “ dry ” territory for
illegal* use. I ask that the petition lie on the table and be
printechjn the R ecord.
There ^ e in g no objection, the petition w as ordered .to lie on
(ho table Iu k L to be printed in the R ecord, as follow s#'
T o t h e ITn I'm ) S t a t e s S e n a t e ,
£ '■
C a r e o f S io n . H o k e S m i t h , W a s h i n g t o n , D .
C.
M
Undersigned‘earnestly petition for the speedy passagejjif the IvenyonMcCnmber interstate liquor hill (S. 4043 or S. 231$) to withdraw
from interstate commerce protection liquors imported fBto “ dry ” terri
tory for illegal purposes.
$
The above petition was adopted by Pike County Teachers’ Asso
ciation, of Zebulon,\Ga., February 1, 1913, and undapigned was author
ized to so attest.
S
B u e n a V i s j#
To
th e U n it e d St a t e s S e n a t e ,
C a re o f H o n . H o k e S m ith , W a sh in g to n ,
B r o o k , P r e s id i n g .
M
7LSU. :
We, the undersigned citizens of Pike C o u n 0 . State of Georgia, ear
nestly netition for the speedy passage of tl$r Kenyon-McCumber inter
state liquor bill (S. 4043 or S. 2310), toatwithdraw from interstatecommerce protection liquors imported intoC“ dry ” territory for illegal
purposes.
%
M
G. Ben Ridley, county supeipttendent of schools, Zebulon,
Ga.; It. Y. Beckham, jgrstice of the peace, Zebulon,
Ga.; C. J. Dickson, Zeiapon, Ga.; W. J. Franklin, mer
chant, Zebulon, Ga.; £ W. Means, ordinary. Zebulon,
Ga.; D. G. Dunn, aspstant cashier Bank of Zebulon,
Zebulon, Ga.; J. SL*vM
eans, merchant, Zebulon, Ga.;
E. P. Dupree, judge city court of Zebulon; C. R.
George, cashier Bask of Zebulon, Ga.; J. R. Wood,
Zebulon, Ga.; J. HTilibornton, D. D. S., Zebulon. Ga.;
iW J. Reeves, infifchant, Zebulon, Ga.; E. H. Baker,
.
farmer, Zebulon,J6a.; H. Hammond, druggist, Zebulon,
Ga.; A. A. I-Io o
t ®!, merchant, Zebulon, Ga.; J. .7. Slade,
Zebulon, Ga.; f l L. Milimr, Zebulon. Ga.; J. R. Chap
man, Zebulon,jGa.; W. jfk Slade, Zebulon, Ga.; P. M
.
Sullivan, memiant, Zebulolk Ga.: W. W. Bush, farmer,
Zebulon, Ga.$ L. H. Itawfk salesman, Zebulon, Ga.;
It. W. Devise, farmer, Zebuleb, Ga.; J. S. Ruker, Zebu
lon, Ga.; M l . G . Harrisoim farmer, Zebulon, Ga.;
Wm. S. iSankam, minister i| gospel, Zebulon, Ga.;
£
W. W. Edwards, teacher, Williarrkon, Ga.; J. E. Eppinger,
merchant^’ Zebulon, Ga.; Frank R Adams, lawyer, Zebu
*
lon, G ; G D. Dominick, Attorney, Zebulon, Ga.;
ajT '.
R. C. ^lathews, clerk superior \ourt; W. S. Slade,
sheri® Pike County, Zebulon, G & \ J . W. R. Jenkins,
minister of the gospel, Zebulon, Gas
F ebruary 8,
duction in the rates of duty upon jewelry, silverware, and
kindred articles, and of the inclusion of the words “ gold,” “ sil
ver,” and " platinum ” in the same. paragraph with iron, steel,
tin, lead, etc., which were referred to the Committee on Finance.
He also presented resolutions adopted by members of the
Massachusetts Medical Society, favoring the passage of the bill
to create a department of public health, which were ordered to
lie on the table.
Mr. SMITH of Michigan presented a petition of sundry voters
of the fourth congressional district of Michigan, praying for the
passage of the so-called KenyosjtSheppard interstate liquor bilk
which was ordered to lie on the table.
Mr. WARREN presented resolutions adopted at a meeting of
the settlers and water users oij the Umatilla Government irriga
tion project, held at Ilermiston, Oreg., January 4, 1013, relative
to the extension of time for payment of assessments, etc., which
were referred to the Committee on Irrigation and Reclamation
of Arid Lands.
£
He also presented a petition of sundry citizens of Lusk and
Buffalo, in the State of Wyoming, praying for the passage of
the so-called Kenyon-Sheppard interstate liquor bill, which was
ordered to lie on the table.
He also presented a memorial of the congregation of the
Seventh-day Adventist Chinch of Sheridan, Wyo., and a memo
rial of the congregation ,of the Seventh-day Adventist Church
of Buffalo, W yd, remonstrating against the enactment of legis
lation compelling the observance of Sunday as a day of rest in
the District of Columbia, which were ordered to lie on the
table.
f .
Mr. ROOT presented /memorials of tho congregations of the
Seventh-day Adventist ^hurches of Hornet], West Valley, Mount
Vernon, Poughkeepsie,/and Darien Center, all in the State of
New York, remous^.-a®ng against the enactment of legislation
compelling the obseryipice of Sunday as a clay of rest in the Dis
trict of Columbia, which were ordered to lie on the table.
He also presented |nemorials of sundry citizens of New York
City and Newburgh,fin the State of New York, remonstrating
against the passage# pf the so-called Kenyon-Sheppard inter
state liquor bill, w lsca were ordered to lie on the table.
He also presented petitions of sundry citizens of Rochester,
rhoenix, Syracuse, Port Jefferson, Weedsport, Gloversville,
Brooklyn, and Geneva y. of the Men’s Bible Class of the First
Methodist Episcopal Cliprcli of Gloversville; and of the congre
gation of the Ash Groove Church of Albany, all in the State of
New York, praying for ' the passage of the so-called KenyonSheppard interstate liquor bill, which were ordered to lie ou
the table.
y
Mr. STEPHENSON presented memorials of tho congregations
of the Seventh-day Adventist Churches of Moon, Grand Rapids,
Chippewa Fall4 Milton Junction, Marshfield. Mill Creek, Royalton, and Stevefis Point, all iu the State of Wisconsin, remon
strating ajjaiu^t the enactment of legislation compelling the observance of S®iday as a day'.of rest in the District of Columbia,
f
which were qfdered to lie onythe table.
He also presented petitions p f the united congregations of the
First Congregational Churches of Baraboo, of the congrega
tion of thejFlrst Presbyteriait Church of Green Bay, and of
sundry citifens of Milwaukee,';.Wauwatosa,' Madison, Mineral
Point, Kenpslm, and Delerau, $11 in the State of Wisconsin,
praying fojf the passage of the s&called Kenyon-Sheppard inter
state liquqjr bill, which were ordered to lie on the table.
He alsojpresentecl a memorial oflgundry citizens of Milwaukee,
Wis., reitfoustrating against the enactment of legislation pro
viding fJi- the employment of a greater number of seamen in
the navigation of vessels, particularly on the Great Lakes,
which \yas referred to the Committep on Commerce.
He aJ?o presented a petition of members of .the Commercial
Club <4 Antigo, Wis., praying for tlffe passage of tho so-called
agricultural extension bill, which was qrdered to lie on the table.
He jtilso presented a memorial of sundry citizens of Antigo,
Mr. LODGE presented resolutions adopted by the Democratic
town conmutteejpf Attleboro, Mass., expressing.its disapproval Wis.. .remonstrating against the parole pf Federal life prisoners,
of any reduction-' of duty upon jewelry, silverware, and kindred whidl was ordered to lie on the table. V
Hp also presented resolutions adoptecUby the State Board of
articles, and lurging upon Congress the necessity of maintaining
the present rates of duty, which were referred to the Committee Foi^stry of Wisconsin, favoring the enactment of legislation
presiding for Federal and State cooperation in protecting the
on Finance, f
l i e also Resented resolutions adopted by the
Democratic forests from fire, which were referred to the.Committee on Agri
town committee of North Attleboro, Mass., expressing its dis culture and Forestry.
tHe also presented resolutions adopted by\tlie Chamber of
approval o# any reduction of duty upon jewelry, silverware, and
mmeree of Milwaukee, Wis., favoring the gr.\iting of a Fertkindred articles, which
referred to ill"
Finance.
f ral charte1’ to the National Chamber of Commerce which were
He also presented resolutions adopted by the Democratic / e^erred *°
Committee on the Judiciary,
voters of North Attleboro, Mass., remonstrating against any re- /
minor meriwetiier, jr.
duction of the duty upon jewelry, silverware, and kindred proMr. PERKINS. From the Committee on Naval Affairs I re
ductions, which were referred to the Committee on Finance. • j port back favorably without amendment the bill (S. S348) waivHe also presented resolutions adopted by the Board of Trade ing the age limit for admission to the Pay Corps of the United
of North Attleboro, Mass., expressing its disapproval of any re- 1 States Navy in the case of Minor Meriwether, jr., and I sub
1913.
CONGRESSIONAL RECORD— SENATE
In the splendid tribute referred to, Dr. Neighbors, who knew
liim intimately and his promptings and nature, well said that
it “ was never any part of his program to wrong any human
being, or harm anything God has ever made” ; that his “ great
nature was too large to be little and too good to be mean.”
Just a month before he died he had gone to Tennessee as an
ambassador of peace. Men whom he had known for years were
at variance with each other, having differences which were
driving them further apart, animosities were being engendered,
and in the hope that he might bring them together in amity
and united purpose, he left Washington, with the olive branch
in his hand and love in his bosom, in an effort to compose those
differences, heal up anv wounds, and promote harmony and
good will among his people. He wished for their happiness and
contentment, and he desired to see them prosper and direct
their energies toward the common good.
So he felt toward his countrymen everywhere.
As governor of his State, as Senator of the United States, he
stood for equality before the law, justice, and the ideals that
make for progress and greatness.
He had seen his own Southland in ashes and in the throes of
despair, and this touched him. At the same time he bore no
bitterness. In the last speech h e, delivered in the Senate he
made this characteristic utterance;
2773
dreams, in building “ castles in the air.” He was an apostle
of happiness. Listen to his beautiful appreciation of music:
The spirit of music, like an archangel, presides over mankind and all
visible creation. Her afflatus, divinely sweet, divinely powerful, is
breathed on every human heart and inspires every soul to some nobler
sentiment, some higher thought, some greater action.
0 music, sweetest, sublimest ideal of Omniscience, first horn of God,
fairest and loftiest seraph of the celestial hierarchy, muse of the beauti
ful, daughter of the universe!
In the morning of eternity when the stars were young, her first
grand oratorio hurst upon raptured Diety and thrilled the won
dering angels; all heaven shouted; ten thousand times ten thousand
jeweled harps, ten thousand times ten ihousand angel tongues caught
up the song; and ever since, through all the golden cycles its breath
ing melodies, old as eternity, yet ever new as the flitting hours, have
floated on the air of heaven.
lie was a lover of children and sympathized with the thoughts
of children and his own heart sang in sympathy with the heart
of a child. Listen to him describe a child—and the old black
mammy:
1 saw a cottage among the elms and oaks, and a little curly head
toddled at the door. He toddled under the trees, prattling to the birds
and playing with the ripening apples that fell on the ground. He tod
dled among the roses and plucked their leaves as lie would have plucked
an angel’s wings, strewing their glory upon the green grass at bis
feet. He chased the butterflies from flower to flower and shouted with
glee as they eluded his grasp and sailed away on the summer air. Here
I thought his childish fancy had built a paradise and peopled it with
dainty seraphim and made himself its Adam. He saw the sunlight of
Eden glint on every leaf and beam in every petal. The flitting honey
Mr. President. I despise sectional jealousy. I abhor sectional animos bee, the whirling June bug, the fluttering breeze, the silvery pulse beat
ity, but I do bdhcve in sectional prfde and sectional patriotism. _ I do of the dashing brook, sounded in liis ears notes of its swelling music.
not fall out willr.the East for believing that the aurora borealis is the The iris-winged humming bird, darting like a sunbeam to kiss the
reflection of the fl*'cs of eastern furnaces and factories, nor with the pouting lips of the upturned flowers, was to him the impersonation of
'Vest for believing the sunset glow is the reflection of western fields of its beauty. And I said : “ Truly, childhood is the nearest approach in
grain; and why shortid they falV'out with m for entertaining the opin this world to (lie paradise of long ago.”
e
ion that the Milky %
is'only" the picture on the sky of the rice and
Then I saw him skulking like a culprit in the shrubbery, his face
cotton fields of Dixie V\
downcast with guilt, liis skirts bedraggled and soiled. He had waded
the
111
more serious vein he displayed the broad vision, the sound Atlantic Ocean in the mud puddle and stirred up the Mediterranean
Sea in the water bucket, lie had shipwrecked the young ducks, capsized
reasoning, and the wistWin of the statesman.
the goslings, and drowned the kitten, which he imagined a whale. And
Merely remarking, wftjjout elaboration, the gentle manners, I said, “ There is the old original Adam coming to the surface.”
“ Lawd bless my soul, jis’ look at dat chile. Look at dat face an’
and pervading good 1minor- of the man, the grace and eloquence
all
an’ mulberry juice. You’se
to
of the orator, the inimitabl&powers of the raconteur, the sweet dem han’s, Jis’ kivered wid mudpa—always gittin’ into somea’gwine or
ketch it.
’zackly like yo’
scrape
ness of his home life, the tenderness and breadth of his affec nudder, always breakin’ into some kind uv dcbilment. Gwine ter break
tions, which drew to him a wealth of friendship, I may illus into Congress some uv dese days sho’. Dey can’t keep you out'n it.
wid
de baff tub. I’se a'gwine
trate his statesmanlike grasp of national questions by quoting Come along yo’n me dis instinct to uv dat dirt off’n dem han’ster wash
dat fac£ uv
an’ lucidate some
an’ dem
the concluding sentences o f the speech last mentioned, to w it:
clo’es, you triflin’ rascal, you.” And, so saying, she carried him away,
I do not believe that the United Stated will ever reach the high tide kicking and screaming like a young savage in open rebellion.
of its glory until we apply the golden rule and deal justly not only
And I said, “ There is some more of the original Adam.” Then I
with our own people at home, but with the people of other nations. saw him come forth again, washed and dressed in spotless white, like a
We can not hope to defend the principles of free government and to young butterfly fresh from its chrysalis, and when he got a chance, I
exemplify tin' blessings which they bring until' w apply them impar saw him slip on his tiptoes into the pantry, and there was the clink
e
tially under our own flag. We can not hope to lead all the nations of of glassware as though a mouse were playing there among the jam
the earth in commerce and trade until we are wiUing (o buy as well )ots and preserves. There two little dimpled hands made trip after
as to sell. We can not hope to perpetuate our freeHnstitutions and to rip to a rose-colored mouth, bearing burdens of mingling sweets that
hand them down to posterity as a priceless heritage until w wipe from dripped from cheek and chin and skirt and shoes, subduing the snowy
e
our statute books the last vestige of unequal and unjust taxation, the white with the amber of the peach and the purple of the raspberry as
he ate of the forbidden fruit.
great destroyer of nations.
B ob T a y l o r m o v e d t lie h e a r t s o f m e n t o r e s p o n d t o t h e t e n d e r
As governor lie gave liis State three honest, efficient, and
tranquil administrations. As Senator be illustrated the highest s e n t i m e n t o f l o v e f o r t h e c h i l d , t h e h o m e , a n d t o l a u g h a l o u d
and best qualities of her people in a manner most creditable w i t h h o n e s t f u n a n d g o o d h u m o r .
Bon T a y l o r not only had in his heart the love of childhood
and in consonance with her glorious history. lie lived-up to
that command pronounced by the Master in reply to the lawyer’s and of women and of men, but he showed it in his official life.
finquiry, which furnished the supreme direction for the guid B o b T a y l o r , the lovable, loved men; he knew their weaknesses
ance, of human society. Saying this much is equivalent to and their frailties; he knew their innate goodness as well, and
expressing the conviction that the spirit of our friend, whom did not forget it when men, through some misfortune, came to
"7
is to-day .Ui ,-lM- rVM
iViM 1 iftf,
tftt
biesidngs grief and fell under tlie iron hand of tlie law. And he used the
pardoning power freely. lie “ felt the stings of criticism for
SyunilTfoen To “ the pure in heart.
tlie liberal use of the pardoning power.” Who that realizes
Mr. OWEN. Mr. President, on behalf of Oklahoma and tlie human suffering and sorrow and tlie divine spark of goodness
fA’eat West, where lie lias tens of thousands of friends and that always remains in the culprit would blame the gentlelovers, on behalf of the special and very affectionate personal hearted B o b T a y l o r ? Listen to his defense:
regard which I so long have entertained for him, I come to
But I saw old mothers with their white locks and wrinkled brows swoon
Present a tribute of love to tlie memory of my dear friend, at the governor's feet every day. I saw old fathers with broken hearts
R obert L ove T aylor .
His friends loved to call him “ B o b T a y l o r .” because of the
sympathetic good fellowship that radiated from him as light
flows from tlie noonday sun; and lie loved to be called by that
familiar name, because he much preferred the title given by
human sympathy and human affection to any of the public titles
and dignities with which his fellow countrymen had delighted
to honor him.
No man has been more greatly missed from the United States
lunate by his colleagues than this genial, delightful southern
friend, this brother-like man, who hailed from Happy Aalley
°u the beautiful Watauga of eastern Tennessee.
He was a most valuable statesman and useful public servant;
• wonderful orator, lie moved liis fellow men to laughter and to
’
tears.
. tie was an everlasting fountain of wit, of good humor, and of
mnoeent fun, as well as full of wise counsel and of sound judg
ment. lie was a lover of music. lie loved to play the violin
'""l to sing, and charmed thousands with “ the fiddle and the
'°w ” and with tlie sweet old songs of long ago. lie was a
beet in sentiment, in the dreaming of exquisite and beautiful
and tear-stained faces, and heard them plead by the hour for their
wayward boys. I saw a wife and seven children, clad in tatters and
rags and barefooted in winter, fall down upon their knees around him
who held the pardoning power. I saw a little girl climb upon the
governor’s knee and put her little arms around his neck, and I heard
her aslc him if he had little girls; and then I saw her sob upon his
bosom as though her little heart would break, and heard her plead for
mercy for her poor, miserable, wretched, convict father. I saw want
and woe and anguish unutterable pass before the gubernatorial door,
and I said, “ Let this heartless world condemn, let the critics frown
and rail, but he who hath powerand doth not temper justice with
mercy will cry in vain himself for mercy on that great day when God
shall judge the merciful and the unmerciful.”
Mr. President, the beloved B o b T a y l o r was born in Happy
Valley, east Tennessee, and has made thousands weep with de
light describing Happy Valley. He has made Happy Valley, on
the beautiful Watauga, immortal.
For 33 years—as Congressman, as three-times governor, as
Senator, or in other positions of distinction—he faithfully
served his country.
I knew him intimately and always was delighted to he in his
genial and charming company. lie was so broad minded, so
generous in his sympathies, putting his arms around men and
teaching them the better things of life. He was so kind and
2774
CONGRESSIONAL RECORD— SENATE
gentle and lovable. I never beard bim speak an unkind word
of any human being. lie has been a blessing to Tennessee. He
lias been a shining light in every place in life. He probably had
the personal affection of more people than any other man in
the United States. He has done great honor to Tennessee, to the
South, and to human nature. I rejoice in the opportunity of
paying my tribute o f love to him.
I f every soul to whose happiness he has directly contributed
should bring a flower and lay it in loving memory upon his
grave, his monument would be a wilderness of blooms and a
pyramid of flowers tilling the earth with perfume.
He was an apostle of love, of laughter, good humor, and song.
He was a lover of the beautiful, of sentiment, and of story. He
was indeed a son of the Most High, a son of the King of kings.
Let him speak the last word in this tribute of memory:
F ebruary r
ened and whose days were gladdened by the brilliant miuG and
honest heart and faithful service of this smiling child oi/nature
from Sunny Tennessee.
Mr. CHILTON. Mr. President, many years
R obert
iim in the
became a Member of this body I
then told
State of West Virginia, a strong, active man,
me that if he could ever get a primary to settle
should be
tor he would
the nominee of his party for United States
come to the Senate. Afterwards, either by actio. of the comrnit■irnary for this
tee of his party or the laws of his State,
office was held in the State of Tennessee and,
was nominated
and elected to the Senate.
This incident illustrates the character ojftlie man. No one
ever had a firmer faith in the people of 1#; State, and no one
I am a king I dwell in the palace of love, by the brawling brook ever had better reason for that faith. It/ring the many years
of laughter, on the brink of the river of song. And so are all the sons of his active life in politics one had on ly to cross the line into
and daughters of Adam equal kings and queens with m whose hearts Tennessee and to talk with the people in any of the walks of
e
beat time to nature’s music and whose souls are in love with the life to comprehend that Mr. T a y l o r hga the confidence of the
beautiful There is a crown of sunshine for every brow by day, a
coronet of stars bv night. The angels of light hover above us all, and great body of the people of the StaJb, and, conditions being
arch the heavens with the rainbow of hope for all, and bring from the normal, could command their votes. ¥ In any discussion with
vapory vineyards of the clouds the sparkling champagne of pure
crystal water to bless the lips of all. All the delightful dreams that him of politics in his State it couldJSe easily observed that he
spread their wings above the horizon of the heart, all the glorious never doubted that his only source
power lay in his ability to
thoughts that fly out from the heaven of the brain, all the jubilees of
joy that crowd the circling hours of mortal life, are the regal gifts of reach the heart and ‘the intelligent of the constituency of his
£
God to mankind—the royal heritage of all. There are songs sweeter State.
than were ever sung; there is beauty which defies even the brush of
The acquaintance which I forn#fl on the occasion mentioned
the Raphael for you and for m and for us all.
e
lasted until his^eath. When I cfme to the Senate I found him
Let meu not grieve for B o b T a y l o r . ITe is with the King of here^k)ved^(Rd respected by grery Member of the body. I
kings, dwelling “ in the palace o f love,” listening to and singing
acquaintance that# had formed in West Virginia,
“ songs sweeter than were ever sung,” delighting in the “ beauty^
here in publi<J5ife as I had found him in West
in private life, a frjgik, open-hearted, kindly, lovable
which defies even the brush of the Raphael ” in the ineffa]
ays ready to do * p * h in g for others.
glory of God, which he foresaw and often exquisitely portr
7 years of acquaintai%#justify me in saying that, if his
Lshes could be observed, ti^is occasion should be given up to
Mr. O’GORMAN. Mr. President, to-day we honor
absolute frankness in eveimliing that is to be said of his life
of a beloved colleague who died in the service of
and services. Undeserved^liaise he did not. want; indeed lie
In paying tribute t o the memory of R o b e r t L o v e
shrank at commendation Jhsily earned and honestly bestowed;
find abundant thought for memorial eulogy.
Senators have dwelt upon his rare eloquence, his s^JJolarly and I think that he wouljf hare his friends now speak from the
attainments, his devotion to every worthy cause, and Ins distin heart, so that the peoplefof the State which he served, honored^
guished service to his State and to the Nation. We have been and loved would see iyptlie pictures here the same man, the
reminded of notable instances in his illustrious public career. same governor, the sai|fe Senator who made an enviable repu
The life of the late Senator from Tennessee was rich in achieve tation on the public iffitform :%om one end of the country to
ment. He occupied high station with honor to himself and use the other. His namejpnay not be connected with any of the
fulness to his country. He never faltered in a public or a great acts of constructive legislation because of the shortness
private duty, audio-day his loss is mourned and his fame treas of his service in thisjpody and the condition of his health dur
ured by a grateful people, not alone in the Commonwealth ing the latter part <jf his service ;taiid yet everyone associated
whose citizenship he adorned, but throughout/the length and with him on committees and in the work of the Senate will
breadth of the Republic, whose interests he' served in the testify that he wasJalways prompt and ever useful in the work
Senate of the United States with conspicuous ifbility and fidelity. assigned to him. jpe had the fa cu % to listen patiently, to do
Sir. President, I shaft touch upon a single phase of his ex justice to all sidesfof a question, anc( then to come to a reason
traordinary personality. Notwithstanding his record of accom able and just conclusion that he would express in a few homely
plishment, the impression which his life’s work made and the words. He had. (Jurage to do a thing Solely because it was right
memory of his deeds that linger is thatj6f the poet, the orator, and because it
pealed to his judgment, and while he did not
the genius of good humor, the dreaijpr, the idealist. Brave always take th time to disclose the jwocesses through which
and courageous though he was, his courage and bravery were his mind had p, sed in coming to a concision, yet that concluchastened and glorified by a kindnogfe and gentleness of spirit sion, when ex essed, showed that he la d mastered the subthat banished hatred and malice Jtnd created about him an ject and that e had weighed every argimient which had been
atmosphere of genial warmth, in jfhich blossomed and thrived adduced on
e question. He was a us%ul, honest, capable
the beautiful flowers of friendsl^p, love, and affection.
Member of this body, and never failed to ’fcse to any occasion
My acquaintance with R o b e r t 'L o v e T a y l o r in this Chamber which demanded the best of his thought or foe best of his wellwas all too brief—aye, measured by the span of life, but a mo recognized oratorical ability. As an orator Ip was unique. It
ment—and yet a moment of /ife , whose rejuvenating radiance has been sajd of him that if every voter ii%Tennessee could
is undimmed and the cheering' influence of which I shall cherish hear him s$eak in a campaign he would be iYvincible in that
through all the passing yedrs. '
State. W l*n on his feet on the stump or on l e lecture plat
Throughout his varied jrhd interesting career he bore upon form he swayed the audience from laughter tdfotears without
%
his shield a message ofpgood will and encouragement to his apparent effort.
I have leen an audience convulsed with laughtl^ and moved
fellow men. His most ejybctive weapon was laughter, his invinci
to tears by liis eloquence within a quarter of an\our, and I
ble armor the pure gold’ of a generous and loyal fraternity.
’Tis well in our a If too serious workaday world to pause to have seen him rise to flights of oratory unsurpassetmby anyone
pay homage to one #liose life was a rebuke to selfishness and whom I.'have ever had the pleasure of hearing. $jie secret
an appeal to the bejfter angels of our nature.
of this power over an audience lay in the depths offons senti
Who shall say piat the austere statesman or the unyielding ment, of his power to picture any incident or any senjfonent in
warrior does mqf*e for the betterment and uplift of mankind pure Anglo-Saxon and in his unaffected simplicity. Ipg knew
than one who lepds the children of men into the paths of poesy and comprehended, as few public men have, the life o f the
and laughter, apd, turning away from the frown of a Napoleon, farmer, the wage earner, and the business man of this country
seeks inspiration in the sunshine of Tom Moore and Bobby His great heart took in the struggles of labor and the hardships
Burns?
/
o f the farmer. He could see life as they saw it, and then he
It would deem to have been more than a coincidence that had the power to make a picture of that life and in words could
the birthpl/ce of Senator T aylor was the town of Happy Valley, fairly spread it upon a canvas before his audience. He could
for to hiiur and to those blest with his companionship the world show the solemn side of laughter and at the same time could
was a valley of happiness, and if earnest prayers are answered, smile upon the most poignant sorrow of life. His heart was in
if fondymopes are realized, he passed through the shadow of sympathy with the life of the people, and he seemed to grasp
death into the Happy Valley of eternal peace.
intuitively the strength and the weakness o f the audience
I deem it a privilege to have this opportunity to add my which he was addressing. I f by an orator is meant a man who
humble tribute of affectionate esteem and admiration to those can present his own thoughts to an audience and make the
of the thousands of nigh and women whose lives were bright audience feel and think as he feels, then Mr. T a y l o r was a
L ove T a y l o r
1913
CONGRESSIONAL RECORD— SENATE
The Secretary again read Mr. H i t c h c o c k ’ s amendment to the
amendment.
The PRESIDENT pro tempore. The question is upon the
adoption of the amendment offered by the Senator from Ne
braska [Mr. H i t c h c o c k ] to the amendment reported by the
Judiciary Committee.
Tbe amendment to tlie amendment was rejected.
The PRESIDENT pro tempore. The question recurs upon
the adoption of the amendment reported by tbe Judiciary Com
mittee.
Mr. McCUMBER. I offer the following amendment, to be
inserted after tlie enacting clause, without taking anything from
the bill.
Tlie PRESIDENT pro tempore. That would not now’ be in
order. It will be subsequently in order, but unless it is an
amendment to the pending amendment it would not now’ be in
order.
Mr. McCUMBER. It is an amendment to the pending amend
ment.
The PRESIDENT pro tempore. The Senator stated that it
was to come in after the enacting clause. The Chair does not
know what it is. The Secretary will read the amendment to
the amendment.
Mr. McCUMBER. Let it came in prior, then, to section 2 of
the hill.
The PRESIDENT pro tempore. That will be in order later,
bnt it is not an amendment to tlie pending amendment. The
Qfiair is of the opinion that it is an independent amendment
j6nd not an amendment to the pending amendment. It will be
in order after the pending amendment has been acted upon.
Mr. CULBERSON. I ask that the amendment may be read.
Tbe PRESIDENT pro tempore. Tbe Secretary will read tlie
amendment submitted by tbe Senator from North Dakota.
But nothin? in this act shall he construed to forbid theTntej/tate
The Secretary read as follows:
shipment of liquors herein defined into any State, territory, of Dis
Committee is tlie only effective way in which this great ques
tion can he dealt with.
I make the point of order now that we are entitled to a vote
llPon the proposition to amend tlVe original bill before a coun
ter proposition that goes to the life of it can be submitted to
the Senate.
Mr. GALLINGER. Undev our rules it is clearly in the prov
ince of the Senate to amend either tlie original bill or the sub
stitute. They are to be considered, as separate questions.
The PRESIDENT pro tempore. The Chair will state that
the viewr taken by the Senator from Arkansas is correct and
does not conflict with the view expressed by the Senator from
New Hampshire. The Chair was going to submit to the Senate
first amendments to the original proposition. It is proper, how
ever, that the substitute and amendments thereto should be
submitted to the Senate, but not voted upon until after the
friends of the original measure have had an opportunity to
perfect the same. After that has been done, the friends of the
substitute will have a like opportunity to perfect’ that measure,
and when each has been perfected by its friends the Senate
will be in a position to judge and choose between the twro.
Upon that suggestion the Chair will state that the first ques
tion will be upon the amendment now pending, reported by the
Judiciary Committee, to the original bill.
Mr. O’GORMAN. Let the amendment I offered to the'amendWent of the Senator from Newr Hampshire be read.
The PRESIDENT pro tempore. The Secretary will read the
amendment which has been offered by the Senator from New
York to the substitute.
The S e c r e t a r y . It i s proposed t o add a t the end o f the
£
amendment offered by the Senator from New' Hampshire the
following words:
trict whore the same are intended for sacramental purposes^, or for V That all fermented, distilled, or other intoxicating liquors or liquids,
the personal use of the owner or consignee thereof, or for the Members being commodities in their nature dangerous to public health and good
mbrals, their shipment from one State, Territory, or the District of
of his family.
J
Columbia into another State, Territory, or the District of Columbia is
The PRESIDENT -pro tempore. The question now i&aipon the hereby authorized and allowed only on condition that their interstatecommerce character shall cease immediately upon their arrival within
amendment reported by the Judiciary Committee.
of the State, Territory, or the District of Columliia to
ill*. HITCHCOCK. I should like to inquire whether it would the boundaries consigned; and they shall thereupon be divested of their
which they arc
lie proper at this time for me to offer an amendment to the interstate-commerce character.
bill, to follow the amendment of the committee..
The PRESIDENT pro tempore. It can now be received and
read for information. If it were an amendment to that amend
ment, it would be now7 in order, but if it is o f substantive amend
ment it will be voted upon afterwards. / /
Mr. HITCHCOCK. It is to be added., tp the amendment of
the committee.
/ /
The PRESIDENT pro tempore. Ik will he in order after
that amendment has been acted upon by the Senate. The Sec
retary will read the amendment reported by the Judiciary Com
mittee.
/
The S e c r e t a r y . The committee report, on page 2 , line 1 2 , after
the word “ prohibited,” .to strike out the semicolon and the
remainder of the bill and to insert a new section, to be known
as section 2, to read as follows:
The’ PRESIDENT pro tempore. The Chair will state that if
the Senator moves that as a substitute for the pending amend
ment it will now be in order.
Mr. McCUMBER. I do not intend it as a substitute, but I
want to have it inserted in connection w7
ith the amendment of
tlie committee.
th e PRESIDENT pro tempore. It will be in order after the
amendment of the committee has been acted upefn. The ques
tion is on agreeing to the amendment reported by the Judiciary
Committee w
’hich has been read to the Senate.
MrcCLARIvE of Arkansas. On that I ask for the yeas and
nays. \
The yfcas and\nays were ordered.
Mr. GALLINGER. I w ill ask that the amendment be agaiu
7
stated. P think there is a misapprehension about it.
The PRESIDENT pro tempore. The amendment will be
again read.^
\
The S e c r e t a r y . .On page 2, beginning in line 12, after the
w’ord “ prohibited,” 'the Committee on the Judiciary report to
strike out the semicolon and the remainder of the bill and to
insert:
\
Sec. 2. That all fermented, disrtilled, or other intoxicating liquors or
liquids transported into any State or Territory, or remaining therein
for use, consumption, sale, or storage therein, shall, upon arrival within
the boundaries of such State or Territory and before delivery to the
consignee, be subject to the operation and effect of the laws of such
State or Territory enacted in the exercise of its reserved police powers,
to the same extent and in the same manner as though such liquids or
liquors had been produced in such State or Territory, and shall not be
Sec. 2. That all fermented, distilled, or other intoxicating liquors or
exempt therefrom by reason of being introduced therein in original
liquids transported into any State or Territory, or remaining therein for
Packages or otherwise.
use, consumption, sale, or storage therein, shall, upon arrival within the
The PRESIDENT pro tempore. The Chair will inquire of boundaries of such State or Territory and before delivery to the con
tbe operation
effect of the laws of such State
Urn Senator from Nebraska whether the amendment proposed by signee, be subject toIn the exerciseandits reserved police powers, to the
or Territory enacted
of
him proposes to change the amendment of the committee or is same extent and in tpe same manner as though such liquids or liquors
had been produced in such State or Territory, and shall not be exempt
simp]y to add to it?
Mr. HITCHCOCK. It will he an addition to that paragraph, therefrom by reason oNbelng introduced therein in original packages or
otherwise.
\
,
find VC would somewhat change it. I think it is an amendment
The PRESIDENT pro tempore. The question is upon the
Properly to it.
The PRESIDENT pro tempore. That being so, tbe Secretary adoption of this amendment and the yeas and nays were
ordered thereon.
WJ read that first.
'U
Mr. STONE. That is the committee amendment.
The S e c r e t a r y . It, is proposed t o add a t t h e end of section
The PRESIDENT pro tempore. It is the amendment re
^ deported by the committee the following p r o v i s o ;
ported by the Judiciary Committee. The Secretary will pro
P r o v i d e d , h o w e v e r , That nothing in this act shall be held or construed
render illegal or subject to State control the interstate shipment of ceed to call the roll.
The Secretary proceeded to call the roll.
«B>°rs or liquids above described into any State or Territory to an
‘“dividual for bis personal or family use.
Mr. BRADLEY (when his name w
ras called). I transfer my
Mr. McCUMBEIt. I do not know that I heard that distinctly pair with the Senator from Indiana [Mr. K e r n ] to the senior
find correctly. I ask that it be read again, so that I may under Senator from Pennsylvania [Mr. P e n k o s e ] and vote “ nay.”
Mr. CHILTON (when his name was called). I have a gen
stand whether it allows shipments into another State for the
eral pair with the Senator from Illinois [Mr. Cullom]. I un
Personal use of a drunkard or a minor,
The PRESIDENT pro tempore. The Secretary will again derstand from him, however, that he is for this bill and he has
given me permission to vote. I vote “ yea.”
read the amendment to the amendment.
Mr. SMITH of Michigan (when his name was called). I have
a pair with the junior Senator from Missouri [Mr. R eed]. In
his absence I transfer that pair to the junior Senator from New
Mexico [Mr. F a l l ] and vote. I 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 general pair with the senior Sen
ator from New Jersey [Mr. B r i g g s ] . I f my colleague were
present, he would vote “ yea.”
Mr. WILLIAMS (when his name was called). I vote “ yea.”
To explain my vote I will state that I have a pair with the
Senator from Pennsylvania [Mr. P enrose], but I transfer that
pair to the Senator from Indiana [Mr. K ern]. Therefore I
voted “ yea.”
The roll call was concluded.
Mr. FOSTER (after having voted in the negative). I wish
to inquire if the junior Senator from AVyoming [Mr. M arren]
has voted.
The PRESIDENT pro tempore. The Chair is informed that
he has not voted.
Mr. FOSTER. Not knowing how that Senator would vote on
this question and having a general pair with him, I withdraw
my vote.
Mr. HITCHCOCK. I will state that the junior Senator from
Indiana [Mr. K ern] is absent on public business.
Mr. STONE. I desire to state thatmy^colleague [Mr. R eed]
is absent, and detained by reason of sdrious illness in his
family.
The result was announced—yeas 61, nays 23, as follows:
Ashurst
Bacon
Bourno
Brady
Bristow
Brown
Bryan
(’hamberlain
Chilton
Clapp
Clark, Wyo.
Clarke, Ark.
Crawford
Culberson
Cummins
Curtis
Bankhead
Borah
Bradley
Brandegee
Burnham
Burton
February 10
CONGRESSIONAL RECORD— SENATE.
2922
YEAS— Gl.
Dixon
Lodge
McCumber
Fletcher
McLean
Gardner
Martin, Ya.
Gore
Myers
Gronna
Nelson
Guggenheim
Newlands
Hitchcock
Oliver
Jackson
Overman
Johnson, Me.
Perkins
Johnston, Ala.
Poindexter
Jones
Richardson
Kavanaugh
Sheppard
Kenyon
Simmons
Da Follette
Smith, Ariz.
Lea
Smith, Ga.
Lippitt
NAYS— 23.
Martine, N. J.
O’Gorman
Owen
Page
Paynter
Percy
Catron
Crane
Dillingham
du Pont
Gallinger
Gamble
NOT VOTING— 11.
Penrose
Foster
Reed
Kern
Shively
Massey
Smith, Md.
Smith, Mich.
Smith, S. C.
Stone
Swanson
Thomas
Thornton
Tillman
Townsend
Webb
Wetmore
Williams
Works
Pomerene
Root
Smoot
Stephenson
Sutherland
question of its consistency or inconsistency is not a parlia
mentary question.
Mr. STONE. But it is well enough to call the attention of
the Senate to it.
M r. M cC U M B E E .
a g a in re a d .
I
s h o u ld
lik e
to
have
th e
am endm ent
The PRESIDENT pro tempore. The Secretary will again
read the amendment.
The Secretary. After the enacting clause it is proposed to
insert:
That all fermented, distilled, or other intoxicating liquors or liquids
being commodities in their nature dangerous to public health and good
morals, their shipment from one State, Territory, or the District of
Columbia into another State, Territory, or the District-of Columbia is
hereby authorized and allowed only on condition that their interstatecommerce character shall cease immediately upon their arrival within
the boundaries of the State, Territory, or the District of Columbia to
which they are consigned, and they shall thereupon be divested of their
interstate-commerce character.
The PRESIDENT pro tempore. The question is upon (lie
adoption of the amendment.
Mr. WILLIAMS. I wish to ask the Senator a question. I
think the Senator has forgotten or pretermitted something.
This would not prevent any liquor being sold to Porto Rico?
The PRESIDENT pro tempore. The Chair is unable to hear
the Senator from Mississippi or to decide whether he is in
order.
Mr. WILLIAMS. I was merely suggesting the propriety of
an amendment to the amendment o f the Senator from North
Dakota.
The PRESIDENT pro tempore. The question is upon the
adoption of the amendment just read, to be inserted as an
independent section.
The amendment was rejected.
Mr. O’GORMAN. I offer at this time (lie amendment which
I send to the desk.
The PRESIDENT pro tempore. Is the amendment offered to
the' original bill?
MV. O’GORMAN, Yes.
The PRESIDENT pro tempore. The amendment will be
stated.
The S e c r e t a r y . It i s proposed t o amend b y adding at the eiuj
of the-bill the following:
But nothing in this act shall he construed to forbid the interstate
shipment of liquors herein defined into any State, Territory, or Dis
trict wtiere the same are intended for sacramental purposes or for the
personal use of the owner or consignee thereof or for the members of
his family.
The PRESIDENT pro tempore. The question is on the adop
tion’ of the amendment just offered by the Senator from New
York as an independent section to the original bill.
Mr. O’GORMAN. I ask for the yeas and nays.
Warren
The yeas and nays were ordered.
Briggs
Watson
Cnfiom
Mr. OWEN. Let the amendment be again stated.
Fall-S
The PRESIDENT pro tempore. The amendment will be
So the amendment of the committee was agreed to.
again read.
Mr. KENYON. Mi'. President, I desire to offer an amend
The Secretary again read the amendment proposed by Mr.
ment to section T of the bill. Is that now in order?
O ’G o r m a n .
The PRESIDENT prd tempore. It is.
Mr. McCUMBER. A parliamentary inquiry, Mr. President.
Mr. McCUMBEE. I should like to ask if my amendment is
The PRESIDENT pro tempore. The Senator will state it.
not now in order?
Mr. McCUMBEE. Is not that exactly the same amendment
The PRESIDENT pro tempore.
The Chair was about to which was offered by the Senator from Nebraska [Mr. H i t c h
call attention to the fact that the amendment offered by the c o c k ] and voted down?
Senator from North Dakota is first in order, unless the amend
The PRESIDENT pro tempore. It is not.
ment offered by the Senator from Iowa is an amendment to
Mr. LODGE. This is offered to the House bill, as I under
that.
stand.
Mr. KENYON. It is not.
The PRESIDENT pro tempore. It is not the same amend
The PRESIDENT pro tempore. The Chair understands it ment in words.
is not. Then, the amendment now pending is the one offered
Mr. CLARKE of Arkansas. Mr. President, I want to submit
by the Senator from North Dakota [Mr. McCumber], which another point after the Chair has disposed of that one. I did
will be read.
not intend to interrupt the Chair.
Mr. CRAWFORD. I ask that it be read.
The PRESIDENT pro tempore. The Chair has disposed of it.
Mr. WILLIAMS. I should like to have the amendment again
Mr. CLARKE of Arkansas. I make the point of order that
read.
the amendment is not germane to any provision of the bill,
The PRESIDENT pro tempore. The amendment will be since neither the bill nor the amendment proposed by the Judi
again read. The Chair has just directed that it be read.
ciary Committee deals with the question of transmitting liquor
Mr. McCUMBEE. I should like to ask the Chair to state in interstate commerce, but simply to divest a certain com
that the amendment is intended to be inserted after the enact modity of that character at the pleasure of the several States
ing clause and before the remainder o f the amendment.
of the Union. It does not undertake to exclude by the exercise
The PRESIDENT pro tempore. As a distinct section. The of national power liquor intended for any use, but leaves that
proposition is to insert as a distinct section the amendment matter exclusively to be determined by the States after the
now to be read, without interfering with the other parts of the liquor shall have reached the State boundaries. I therefore
make the point of order that the amendment is not germane to
bill.
Mr. STONE. Mr. President, if it is a proper parliamentary the provisions to which it is sought to be added as an amend
inquiry—and I doubt it—I should like the Chair to state ment.
whether the amendment now proposed would not, in substance,
Mr. O’GORMAN. Mr. President, if everyone were to con
displace the amendment of the committee just agreed to?
strue the amendment offered by the Senate committee as the
The PRESIDENT pro tempore. It is perfectly competent Senator from Arkansas [Mr. C l a r k e ] construes it, there would
for the Senate to adopt an independent amendment, and the be no need for this amendment, but others will not construe it
CONGRESSIONAL RECORD— SENATE.
1 9 1 D.
°
as the Senator from Arkansas construes it. Therefore I urge
the necessity of the amendment.
Mr. GALLINGER. Regular order, Mr. President.
Mr. O’GORMAN. Those who violate this law----- •
Mr. GALLINGEE. Regular order!
Mr. O’GOEMAN. Those who advocate this enactment profess
to throw no restriction upon the personal use of intoxicants.
I want that to be declared by the statute.
The PRESIDENT pro tempore. Under the rule, the point of
order made that a certain amendment is not germane must be
submitted to the Senate; it is not a question for the decision
of the Chair. The Chair will, therefore, submit to the Senate
the question of whether or not the amendment is germane. Is
the amendment submitted by the Senator from New York ger
mane to the bill? [Putting the question.] The Chair is in
doubt.
ilr. O’GORMAN. I ask for the yeas and nays, Mr. President
The yeas and nays were ordered, and the Secretary pro
ceeded to call the roll.
Mr. CIIILTON (when his name was called). I again an
nounce my pair with the senior Senator from Illinois [Mr.
C u l l o m ] and withhold my vote.
Mr. FOSTER (when his name was called). I again an
nounce my pair with the Senator from Wyoming [Mr. W a r r e n ].
I will state that, if I were permitted to vote, 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 ] is paired with the senior Senator from
New Jersey [Mr. B r ig g s ] . I do not know how my colleague
would vote on this question if he were present.
Mr. W IL L I A M S - (when his name was called). Upon this
particular matter, not knowing bow^either the Senator from
Pennsylvania [Mr. Penrose] or the Senator from Indiana [Mr.
K e r n ] would vote if they were present, I shaR.observe my pair
with the Senator from Pennsylvania [Mr. Pensqse]. If he
were nresent and I were privileged to vote, I should'Note “ no.”
was concluded.
\
■as announced—yeas 41 nays 41, as fo llo w ^
YEAS—41.
Fletcher
Smoot
Bacon
O’Gorman
Bankhead
Bradley
Brandegee
Burton
Catron
Clark, Wyo.
Crane
Culberson
Dillingham
du Pont
Ashurst
Borah
Bourne
Brady
Bristow
Brown
Bryan
Burnham
Chamberlain
Clapp
Clarke, Ark.
Chilton
Cullom
Pall
L
Gamble
Oliver
Guggenheim
Owen
Hitchcock
Page
Paynter
Johnson, Me.
Kavanaugli
Percy
Perkins
La Follette
Pomerene
Lippitt
Richardson
Lodge
Root
McLean
Smith, Ga.
Marti ne, N. J.
NAYS— 41.
Kenyon
Crawford
Lea
Cummins
McCumber
Curtis
Martin, Va.
Dixon
Myers
Gallinger
Nelson
Gardner
Newlands
Gore
Overman
Gronna
Poindexter
Jackson
Sheppard
Johnston, Ala.
Simmons
Jones
NOT VOTING— 13.
Reed
Foster
Shively
Kern
Warren
Massey
Watson
Penrose
Stephenson
Stone
Sutherland
Thomas
Thornton
Tillman
Wetmoro
Smith, Ariz.
Smith, Md.
Smith, Micll*
Smith, S. C. i
Swanson
;
Townsend
Webb
Works
/
Williams
/
The PRESIDENT pro tempore. On the question qf"the adoppn of the amendment the yeas are 41 and the np^s are 41, so
the amendment is not adopted.
/
Mr. SMITH of Georgia. Mr. PresidenL^he vote was not
Rpon the adoption o f the amendment^ bairhpon the question of
its being germane.
The PRESIDENT pro tempore. The Chair in stating the re
sult was in error.
Mr. GALLINGEE. Regular order!
Mr. CULBERSON. Mr. President, I presume the Senator
from New York desires now to present the amendment.
The PRESIDENT pro tempore. The Chair is of the opinion
that the question was really upon the point of order, and the
Point of order is not sustained upon a tie vote.
Mr. CLARKE of Arkansas. Mr. President, In my humble
opinion that is not the question. The rule provides that upon
the question of germaneness being raised the proposition shall
t>e submitted to the Senate.
The PRESIDENT pro tempore. Yes.
Mr. CLARKE of Arkansas. It would require affirmative
action of the Chair to decide that an amendment is in order,
and it would therefore require the affirmative action of the Sen
ate to decide that it is germane.
Mr. STONE. The Chair can not decide the question of ger
mane ness, and, therefore, the Chair submitted the question to
the Senate to decide, as a point of order, whether or not it was
germane.
The PRESIDENT pro tempore. If the point of order had
been submitted without any provision in the rules which re
quired its submission to the Senate, it would have been a ques
tion of sustaining the point of order. The rule of the Senate
simply goes to the extent that instead of the Chair deciding it
as a point of order it shall be decided by the Senate. The
question really is whether the point of order is well taken.
Mr. CLARKE of Arkansas. That is not what the rule says.
I should be glad if the Chair would have the rule read to the
Senate.
The PRESIDENT pro tempore. The Chair will have it read.
Mr. McCUMBER. Mr. President, I rise to a point of order.
The PRESIDENT pro tempore. The Senator will state it.
Mr. McCUMBER. Did not the Chair put to the Senate the
question, “ Is this amendment germane? ”
The PRESIDENT pro tempore. Yes; but the Chair consid
ers that-----Mr. McCUMBER. And the vote did not sustain the fact
that it was germane?
Mr. GALLINGEE. That is right.
Mr. O’GORMAN. Mr. President, I asked for the yeas and
nays on the original amendment which I proposed, and that
seems to be the regular order.
The PRESIDENT pro tempore. The Chair desires to make
the final ruling, and then it will be competent to appeal from
the decision of the Chair if it is thought to be wrong. In the
opinion of the Chair it was really a submission of the question
of the point of order, and in the absence of an affirmative vote
it is the opinion of the Chair that the point of order fails.
Mr. CLARKE of Arkansas. Mr. President, I shall not prose
cute an appeal at this late hour; but I do not want the occasion
to pass without saying that, if the hour were not so late and
we were not so anxious to dispose of this matter, I should ask
the judgment of the Senate on that question.
The PRESIDENT pro tempore. The Chair may be in error,
but that is the opinion of the Chair.
Mr. WORKS. Mr. President, the trouble about it, I think,
is not in the present ruling of the Chair, but the fact that the
question was erroneously put in the beginning.
The PRESIDENT pro tempore. Possibly that is the case.
^Tlie Chair recognizes that to be so.
i Mr. WORKS. The Chair very clearly stated that the quesition was whether or not the amendment was germane, and I
►
voted upon that understanding. Now, upon the ruling of the
phair, my vote is simply reversed.
The PRESIDENT pro tempore. In the opinion of the Chair,
t is simply a point of order.
Mr. CRAWFORD. Mr. President-----f Mr. STONE, Mr. LODGE, and others. Regular order!
The PRESIDENT pro tempore. The regular order is de
manded.
Mr. CRAWFORD. ITas this matter been disposed of?
The PRESIDENT pro tempore. The question is on the
amendment offered by the Senator from New York [Mr. O'Gokman ].
Mr. O’GORMAN. Upon that I ask for the yeas and nays.
Mr. HITCHCOCK. Mr. President, the yeas and nays have
already been ordered on the amendment of the Senator from
New York.
The PRESIDENT pro tempore. The Senator from Nebraska
is correct.
Mr. O’GORMAN. Mr. President, I ask that the Secretary
again read the amendment for the information of the Senate.
The PRESIDENT pro tempore. The Secretary will again
read the amendment.
The S e c r e t a b y . It is proposed to add at the end of the bill
the following;
But nothing in this act shall he construed to forbid the interstate
shipment of liquors herein defined into any State, Territory, or Dis
trict where the same are intended for sacramental purposes or for
the personal use of the owner or consignee thereof or for the members
of his family.
Mr. McCUMBER. Mr. President, is not that subject to
amendment?
The PRESIDENT pro tempore. It certainly is.
Mr. McCUMBER. I move to strike out all of the amendment
after the words “ sacramental purposes.”
The PRESIDENT pro tempore. The question is on the
amendment of the Senator from North Dakota to the amend
ment proposed by the Senator from New York to strike out all
of the proposed amendment following the words “ sacramental
purposes.” [Putting the question.] By the sound the “ noes”
appear to have it.
Mr. McCUMBER. I ask for the yeas and nays.
2924
CONGRESSIONAL RECORD—HOUSE.
—— _ ............ .............
The PRESIDENT pro tempore. The yeas and nays are
eallet! for.
Mr. McCTJMBER. I withdraw the request.
The PRESIDENT pro teinpore. The Senator from North
Dakota withdraws his request for the yeas and nays. The
amendment to the amendment is rejected.
The question now is upon the amendment proposed by the
Senator from New York upon which the yeas and nays have
been ordered. The Secretary will call the roll.
The Secretary proceeded to call the roll.
Mr. CHILTON (when his name was called). T again an
nounce my pair with the senior Senator from Illinois [Mr.
C u l l o m ].
Not knowing how he would vote if present, I
withhold my vote.
Mr. FOSTER (when his name was called). I again an
nounce the absence of my pair, the senior Senator from Wyo
ming [Mr. W a r r e n ] and state that if I were at liberty to vote I
should vote “ yea.”
Mr. WILLIAMS (when his name was called). I have a
general pair with the senior Senator from Pennsylvania [Mr.
P enrosf/J, but I am reliably informed that if he were present he
would vote “ yea.” I therefore desire to vote. I vote “ yea.”
The roll call was concluded.
Mr. CHAMBERLAIN. I am requested fo announce the pair
of the senior Senator from West Virginia [Mr. W a t s o n ] with
the senior Senator from New Jersey [Mr. B r ig g s ]'.
The result was announced—yeas 31, nays 50, as follow
Y E A S — 31.
Bacon
Bankhead
Bradley
Urandegee
Burton
Patron
du Pont
Crane
Ashurst
Borah
Bourne
Brady
Bristow
Brown
Bryan
Burnham
Chamberlain
Clapp
Clark, Wyo.
<'larkc. Ark.
Crawford
Briggs
Chilton
Cullom
Fall
Guggenheim
Marline, N. J.
Hitchcock
O’Gortnan
Johnson, Me.
Oliver
Johnston. Ala.
Paynter
Kavanangh
Perkins
/
La Follette
Pomerene
Lodge
Richardson
McLean
Root
NAYS— 50.
Kenyon
Culberson
Lea
Cummins
Curtis
Lippitt
Dillingham
McCumber
Dixon
Martin, Ya.
Fletcher
Myers
Nelson
Gallinger
Gamble
Newlands
Gardner
Overman
Gore
Owen
Gronua
Page
Jackson
Poindexter
Jones
Sheppard
NO'
VOTING— 14.
Foster
Percy
Kern
Reed
Massey
Shively
Penrose
Smoot
Simmons
Smith, Ariz.
Smith, Ga.
Smith, Md.
Smith, Mich.'
Smith, S. C,
Swanson
Thornton
Townsend
Webb
Works
Warren
Watson.
So Mr. O’ Gorm an ’ s amendment was rejected.
Mr. KENYON. Mr. President, I offered an amendment "prior
to the amendment of the Senator from New York [J^Ir. O'Gor
man ], which I ask to have stated.
The PRESIDENT pro tempore. The amendment will now be
__
read.
The S e c r e t a r y .. On page 2,ih*es-oT4. and 5, it is proposed to
strike out the words “ by auy person interested therein, directly
or indirectly, or in any manner connected with the transaction,”
and to insert in lieu thereof the following: “ Either by the con
signor or consignee, or the agent of either thereof.”
The PRESIDENT pro tempore. The question is upon the
adoption of the amendment of the Senator from Iowa.
Mr. STONE. I should like to have the section read as it is
proposed to be amended.
The PRESIDENT pro tempore. The section as proposed to
be amended will be read.
The Secretary read as follow s:
B e i t e n a c t e d , e t c . , That the shipment or transportation in any man
ner or by any means whatsoever of any spirituous, vinous, malted, fer
mented, or other intoxicating liquor of any kind, including beer, ale,
or wine, from one State, Territory, or District of the United States, or
place noncontiguous to hut subject to the jurisdiction thereof, into any
other State, Territory, or District of the United States, or place non
contiguous to hut subject to the jurisdiction thereof, or from any for
eign country into any State, Territory, or District of the United States,
or place noncontiguous to but subject to the jurisdiction thereof, which
said spirituous, vinous, malted, fermented, or other intoxicating liquor
is intended, either by the consignor or consignee, or the agent of either
thereof, to he received, possessed, or kept, or in any manner used, either
in the original package or otherwise, in violation of any law of such
State, Territory, or District of the United States, or place noncontiguous
to hut subject to the jurisdiction thereof, enacted in the exercise of the
police powers of such State, Territory, or District of the United States,
or place noncontiguous to hut subject to the jurisdiction thereof, is
hereby prohibited.
The PRESIDENT pro tempore. The question is upon the
adoption of the amendment offered by the Senator from Iowa
to strike out and insert as read by the Secretary.
The amendment was agreed to.
....
February 10,
------------- — — ----------------------- --------------
--------------------------- —----------- -
Mr. KENYON. Mr. President, I offer the amendment which
I send to the desk, to be known as section 0.
The PRESIDENT pro tempore. The proposed amendment
will be stated.
The S e c r e t a r y . It is proposed to add a new section at the
end of the bill, as follows:
S ec . 3. This act shall be in full force and effect on and after the
1st day o f July, 1913.
The PRESIDENT pro tempore. The question is upon the
adoption of the amendment just read.
The amendment was agreed to.
The PRESIDENT pro tempore. If there he no further
amendments to the original bill, the substitute is now before
the Senate, with the amendment which has been offered to it.
The Chair understands that the amendment voted upon the
original bill is identical with this, and therefore it will not be
submitted to the Senate. The question is upon the adoption
of the substitute offered by the Senator from New Hampshire
[Mr. Gaelinger] to strike out ail after the enacting clause
and insert in lieu thereof the language of the amendment which
has been already read. It will be read again if desired. The
question is upon the adoption of the amendment to strike out
and insert.
The amendment was agreed to.
The PRESIDENT pro tempore. If there are no further
amendments to he offered as in Committee of the Whole, (he
bill will be reported to tbe Senate.
The bill was reported to the Senate as amended, and the
amendment was concurred in.
The bill was ordered to he engrossed for a third reading,
A (t the third time, and passed.
T
motion of Mr. G a l l in g e r , the title was amended so as to
read: “A bill divesting intoxicating liquors of their interstate
character in certain cases.”
ThAbill as passed by the Senate is as follows:
A hill \"S. 4043)
divesting intoxicating liquors of their interstate
character in certain cases.
That the shipment or transportation in any man
ner or hjj any means whatsoever of any spirituous, vinous, malted
fermented] or other intoxicating liquor of any kind from one State’
Territory, or District of the United States, or place noncontiguous to
hut suhjedt to the jurisdiction thereof, into any other State, Territory,
or District of the United States, or place noncontiguous to hut subject
to the jurisdiction thereof, or from any foreign country into any State,
Territory, or District of the United States, or place noncontiguous to
but sub/eet to the jurisdiction thereof, which said spirituous, vinous,
malted/fermented, or other Intoxicating liquor is intended by any peri
— ;-forested therein to be received, possessed, sold, or in any manner
used , ither in the original package or otherwise in violation of any law
of
h State. Territory, or District of the United States, or place noniguous to but subject to the jurisdiction thereof, is hereby prohibited.
B e 4t
e x a c te d , e t c .,
Mr. GALLINGER. I move that the Senate adjourn.
The motion was agreed to; and (at 0 o’clock and 58 minutes
p. m.) the Senate adjourned until to-morrow, Tuesday, Febru
ary i l , 1913, at 32 o'clock meridian.
H O U S E O F E E P E E S E N T A T I V E S.
M onday*, February 10,1913.
The House met at 10,30 o’clock a. m.
The Chaplain, Rev. Henry N. Couden, D. D., offered the fol
lowing prayer:
Almightly Father, author and finisher of our faith, renew
our confidence in Thee that we may go forward with unfalter
ing footsteps to the work of the hour, with an increasing con
sciousness of Thy presence to uphold, sustain, and guide us in
right thinking and in right living, that we may walk worthy
of the vocation whereunto we are called. In the spirit of the
Christ. Amen.
The Journal of the proceedings of yesterday was read and
approved.
AMERICAN IMPORTERS OE MANILA HEMP.
Mr. HARDWICK. Mr. Speaker, I desire to present a privi
leged resolution.
Mr. BOOHER. Mr. Speaker-----The SPEAKER. For what p u r p o s e d o e s t h e gentleman f r o m
M is s o u r i [M r . B o o h k r ] r is e ?
Mr. BOOHER. To call the attention of the Speaker to the
fact that there are 20 Members of Congress in this Hall, and
therefore I make a point of no quorum.
The SPEAKER. Will the gentleman withhold it until we
get through with these routine matters?
Mr. HARDWICK. Mr. Speaker, I move to discharge the
Committee on Ways and Means from the further consideration
of House resolution 779, which I send to the Clerk’s desk, and
ask that the House do pass the same.
The SPEAKER. The gentleman from Georgia [Mr. H a r d
w ic k ] moves to discharge the Committee on Ways and Means
CONGRESSIONAL RECORD— SENATE,
Mr. SMITH of Arizona. I am not complaining about tlie
State giving tlie right to the Connecticut River Co. I am com
plaining about the Government interfering with the right which
the State and the individual alone has to do with, and the State
can best conserve that right.
Mr. POINDEXTER. In what respect does the Government
interfere with the right o f the State?
Mr. SMITH of Arizona. By pretending to say, “ We can
change this contract given to these people by the State.”
Mr. POINDEXTER. There is nothing in this contract as to
the use of the water in the stream, nor is there in any one of
these bills conveying water-power sites in nonnavigable streams
in the West. The right to use the water depends upon different
laws, a different authority. I agree with the Senator from
Idaho [Mr. B o r a h ] that it would be perfectly futile and beyond
the power of the Federal Government to undertake in an act of
Congress to fix the right to use the water or to grant authority
to use the water. This bill does not undertake to do so.
Mr. President, I have stated under some difficulties, on ac
count of frequent interruptions, my views about these matters.
It is urged by some Senators that the bill ought not to be passed
in any form. Those Senators at the same time are opposing
what is called “ conservation,” on the ground that the natural
resources ought to be developed; that water power ought to be
used. How can water power be developed in the Connecticut
River at this point unless the Federal Government, under the
authority which it has and which is necessary in order to enable,
the Connecticut River Co. to proceed with this work, grants th
‘authority? To refuse this grant altogether is not in the in t e n t
of the development and use of natural resources, of wh
bear so much. On the other hand, I will say, in just o
the development of the natural resources of the countyFis not
necessarily promoted by unconditional grants to privatjfindivid
unis or corporations. In some of the counties of tlwf State of
Washington three-fourths of their area has for j-eaijflBeen owned
by private companies.
They are not being developed; they are notjfspen for settle
nient; they are not open for homes; they payJifit an inadequate
Portion of the taxes which go to support tyfcoun ty and State
governments. Many of the great water iSowers of the West
have for many years been in private h a p s, but that does not
result in their development. They a # held for speculative
Purposes, and will perhaps be held fc^ n a n y years for specula
tion, in private hands.
m Colorado [Mr. T h o m a s ]
power trust; that it has
t unreasonable prices from
■ical energy which has be;ies. The question that is
; water-power monopoly, is
ient has an opportunity to
id to restrain an arrogant
e surrendered. I am opis not in conflict with any
id, if necessary, the rights
:cepted from any privilege
er of the Federal Governwherever it exists, should
ion fails to exercise it, the
ctivity of the other,
t, I am not at all worried
ag any rights that it may
by any bill that Congress
undertook to pass assumin the navigable rivers in
bsolutely null and void. I
lessary to the bill in that
o the use of unnecessary
nd I hope that the amend-
■
For two or three days here we have roamed ojalfMthe country,
from the tops of the Sierra Nevada Mounta^fs, through the
Rockies, down to the Rio Grande, through s0T the arid States,
and the Delta o f the Mississippi, talking .^wout forest reserves
and intricate questions of ownership oj^flie water. We have
discussed who owns it when it is in thg£\tlantic Ocean and who
owns it when it is in the procesj^Rf evaporation, and when
it is being blown ashore and pgfeipitated upon the tops of
j» the sea again—interesting,
cure questions, but1 absolutely
ought to be debated on this bill,
clear and unquestioned right in
e a money payment upon the
loses of navigation, and to notlight to say it shall be paid into
appropriated in the discretion
Ability of the Connecticut River,
hat. Some good lawyers think
am New York [Mr. R o o t ] this
nnent upon that question, with
ose who differ with us probably
the Supreme Court has decided
a better case through which to
Court than this; and I should
assed and the matter presented
■ decide that Congress has no
lit to the issuing of the license,
we will know what policy to adopt in tlie future, while if they
decide we have the right, we will know what policy to adopt;
but I will venture to say, so long as the President vetoes bills
because they do not contain a clause for a money payment and
so long as one branch or the other of Congress declines to pass
them if they do contain such a provision, we will simply be in a
hopeless maze of words, to which there is no end in this body.
A good deal has been said about this bill in some way being
something that it does not purport to be; that under the guise
of improving navigation the Government is entering into the
manufacturing business or the power business, or some such
thought as that. It lias been said that the dominating motive
for the passage of this bill is to generate power, not to improve
navigation. Well, there is not any dominating motive about it.
The entire motive of the petitioners is to engage in the manu
facturing and the selling of electrical power, and the entire
motive of the Government is to improve navigation in that river.
The Government can not escape its duty under the Constitution.
It is obliged to say “ y e s” or “ n o ” to the issuing of this permit
and attach the necessary conditions. It is a straight-out naviga
tion project on the part of the United States Government and a
straight-out business proposition on the part of the petitioners
for the license. Owing to the situation, naturally there has to
be joint action; and in that joint action for the preservation of
navigation and its improvement and the development of water
power on the river it seems to me to be a perfectly proper and
legitimate constitutional action on the part of the Government
and a perfectly commendable and praiseworthy undertaking on
the part of the petitioners for the license.
It has been said that this money, if it be paid, comes out of
the consumers of the electrical power. Of course it does. No
company which is required to make any payment gets its money
anywhere except from the goods it has to sell. If the Govern
ment leases a coal mine to anybody, the consumers have to pay
more for the coal than they would if the Government gave it
to them free; and it seems to me no legitimate argument against
the bill that the company has got to earn the money which it
pavs into the United States Treasury and which, in turn, the
United States Treasury will pay out to improve navigation; but.
of course, Senators who are afraid that in some way or other
the clause authorizing the payment in the interest of navigation
will constitute a precedent for some action of the Government
in a different part of the country, under different conditions,
attack the bill upon all sorts of grounds and theories. Ia m in
clined to believe that a good many of them are fictitious and not
sound objections to the bill.
As I have said, Mr. President, to-morrow I shall ask the Sen
ate to give unanimous consent to the fixing of a particular day
and hour to vote.upon the bill.
■
- There is absolutely nothing in this bill or sought to be obby the passage of the bill except the permission from
ft. 6 United States Government to maintain a dam, which, as I
lB
ave ^aid, has been substantially in position for SO years or
tlinf6 in
Connecticut River, and to attach to the issuing of
FOREST RESERVES IN WASHINGTON (S . DOC. NO. 1 0 7 5 ) .
Permit the provision that the company which obtains the
shall annually pay to the United States Treasury a
The PRESIDENT pro tempore laid before the Senate a com
n„ -lm .sum of money to be devoted to the improvement of munication from the Secretary of Agriculture, transmitting,
is V
nlgation on the very river which is crossed by the dam. It in response to a resolution of the 17th ultimo, certain informa
teov DGrfectly simple proposition. Those who believe that the tion with reference to the names of the forest reserves in the
t h ^ ^ ^ lee ni c e n s e e attach dtop a y aissuingo of m o n epermit la condition State of Washington, their areas, the number of homestead
can
the s u m f the y s h o u d v o t e f o r
t :W ti tme l t.m -.c™ s h o u i .i
: ia
h
lir
— l
- ............... * ------------— i.i
f.iihas
Con w - ’ . t h o s e w h o b e l i e v e t h a t t h e G o v e r n m e n t h a s no such entries allowed in each, the number of ranger stations, etc.,
u
C jo ^ ^ .t u U o n a l a u t h o r i t y u n d e r t h e c o m m e r c e c l a u s e of the which, with the accompanying papers, was referred to the Com
mittee on Agriculture and Forestry and ordered to be printed.
stitution should vote against the bill.
February lg
COXG KESSIOXAL T^C'OKD— HOUSE.
30T 6
ASSESSOR’S OFFICE OF THE DISTRICT OF COLUMBIA (S. DOC. NO. 10
The PRESIDENT pro tempore laid before the Senate a cfmmunicktion from the Secretary of the Treasury, transmit]
a letter from the president of the Board of Commissioner^ of
the District of Columbia, submitting a supplemental estimate of
appropriation for the service of the liscal year ending June &),
1914, assessor’s office, .$15,(300, which, with the accompanyii
paper, was referred to the Committee on Appropriations and
ordered to be printed.
THE CAPITOL GROUNDS (il. DOC. NO. 1302).
REPORT
of com m ittee on
INDIAN AFFAIRS.
'Sir. OWEN, from the Committee on Indian Affairs, reported
an amendment authorizing the Secretary of the Treasury f0
extend each of the deferred payments on the town lots of the
north addition to the city of Lawton, Okla., one year from the
date on which they become due under the existing law, etc., >
intended to be proposed to the Indian appropriation bill, sub! /
nitted a report (No. 1208) thereon, and asked that it lie 01/
fhe-.Rible and be printed, which was agreed to.
am en dm en t
to
the
agriculture
appropriation
b ill .
The PRESIDENT pro tempore laid before the Senate the re
Air. GUGGENHEIM submitted an amendment proposing to
port of the Commission for Enlarging the Capitol Grounds, which
was referred to the Committee on Public Buildings and Grounds. appropriate $15,000 to enable the Secretary of Agriculture to
investigateHhe cultivation and acclimating of potatoes, and the
FINDINGS OF THE COURT OF CLAIMS.
development of improved and disease-resistant types, and for
Tiie PRESIDENT pro tempore laid before the Senate com the investigation ,.of leaf roll, dry rot, and other new diseases
munications from the assistant clerk of the Court of Claims, etc., intended to Bfeooroposed by him to the Agriculture appro!
transmitting certified copies of the findings of fact and conclu priation bill, which wa^ referred to the Committee on Agricul
sions filed by the court in the following causes:
ture and Forestry and ordered to be printed.
Anna Coakley, widow of Timothy Coakley, and Thomas W.
MEMORIAL ADDRESSES ON THE LATE REPRESENTATIVE FOSTER.
Woodward v. United States (Mare Island Navy Yard) (S. Doc.
No. 1085) ;
Air. PAGE. Mr. President, I wish to give notice that on
William A . Pidgeon and Julius B. Trice, administrator of March 1, 1913, 1 will ask the Senate to consider resolutions
Y
George A . Conway, deceased, v. United States (League Island commemorative of the life and public character of D avid j .
V
Navy Yard) (S. Doc. No. 1086) ;
F oster , late a Representative in Congress frpm the Stale of
John Coward, subnumber 94; Thomas R. Harbridge, subnum Vermont.
‘ -x /
ber 95; William H. Kiner, jr., subnumber 96; and Robert MillThe PRESIDENT pro tempore. The notice will be entered.
ready, subnumber 97, v. United States (League Island Navy
Mr. BRANDEGEE. Mr. President, if there is no other Sena
Yard) (S. Doc. No. 10.84) ;
tor wlio desires to make remarks on the pending, bill to-night,
William F. O’Hearn and John A r. Simonson v. United States I move that ibe Senate take a recess until 12 o'clock noon to
A
(Boston Navy Yard) (S. Doc. No. 1083) ;
morrow.
George E. McIntosh v. United States (Portsmouth (N. H.)
The motion was agreed to; and (at 5 o’clock -and 37 minutes
Navy Yard) (S. Doc. No, 1082);
p. m., Thursday, February 13) the Senate took a recess until
William S. Bande, and sundry subnumbered cases, v. United Friday, February 14, 1913, at 12 o’clock meridian.
States (League Island Navy Yard) (S. Doc. No. 1081) ;
Ellen Bonner, widow o f George Bonner, deceased, and sun
dry subnumbered cases, v. United States (Brooklyn Navy
H O U S E O F E E P E E S E N T A T I V E S.
Yard) (S. Doc. No. 1080) ;
Richard Barrington, and sundry subnumbered cases, v. United
T h u r s d a y , February t o , 1913.
States (Brooklyn Navy Yard) (S. Doc. No. 1079) ;
Lawrence M. Herbert and George C. Stanley v. United States
The House met at 11 o’clock a. m. /
(Washington Navy Yard) (S. Doc. No. 1078) ;
The Chaplain, Rev. Henry X. Coud/n, D. D., offered the fol
John E. Amazeen, and sundry subnumbered cases, r. United lowing prayer:
States (Portsmouth (N. H.) Navy Yard) (S. Doc. No. 1077) ;
Father in heaven, we thank Tlieeftliat the time has come in
and
(lie onward march of progress \\£en we do not in the last
Henry B. Colson, and sundry subnumbered cases, v. United analysis measure a man's life by yfs political or religious creed,
States ( Portsmouth Navy Yard, Portsmouth, N. H.) (S. Doc. by the position he may chance \> bold, by his earthly posses
j
No. 1076).
sions, nor by the circle in whiclj/he moves, but by what lie has
The foregoing findings were, with the accompanying papers, contributed to the common weal, the motives which prompted
referred to the Committee on Claims and ordered to be printed. action, the character lie has wpven into the tissues of his soul.
Touch us by the majesty of 'fny wisdom, power, and goodness
MESSAGE FROM THE. HOUSE.
A message from the House of Representatives, by J. C. South, that we may measure up tof the ideals as we know them in
its Chief Clerk, announced that the House had passed the bill Christ Jesus our Lord. Ainjfn.
The Journal of the proceedings of yesterday was read and
(S. 4043) divesting intoxicating liquorstof their interstate char
approved.
/
a c t e r in certain cases.
The message also announced that the House had agreed to
LEGISLATIVE, EXECUTIVE# AND JUDICIAL APPROPRIATION BILL.
the report of the committee of conference on the disagreeing
Mr. JOHNSON of sdftli Carolina. Mr. Speaker, I call up
votes of the two Houses on the amendments of the Senate to the
jfT
bill (II. IL 26680) making appropriations for the legislative, the conference report < the bill (II. It. 266S0) making appro
executive, and judicial expenses of the Government for the fiscal priations for the legislative, executive, and judicial expenses
of the Government Lfr the fiscal year ending June 30, 19iit
year ending June 30, 1914, and for othefc purposes; further
insists upon its disagreement to the amendments upon which the and for other purposes, and I ask that the statement be read'
first committee of conference have been unable to agree; agrees in lieu of the report
The SPEAKER. #Tlie gentleman from South Carolina [Mr.
to the further conference asked for by the donate on the dis
agreeing votes of the two Houses thereon, and had appointed J o h n s o n ] calls urf the conference report on the legislative*
executive, and judicial appropriation bill (H. R. 26680), and
Mr. J ohnson of South Carolina, Mr. B urleson ,Aand Mr. G illett
asks unanimous Jbnseut that the statement be read in lieu of
managers at the conference on the part of the House.
The message further informed the Senate that Mr. T aylor of the report. Is tjaere objection?
There was nofobjection.
Colorado had been appointed a member of the committee of con
The conference report is as follows:
ference on the disagreeing votes of the two Houses on the
amendments of the Senate to the bill (H. R. 23293) for the pro
$ CONFERENCE REPORT (NO. 1498).
tection of the water supply of the city of Colorado*, Springs and
M
the town of Manitou, Colo., vice Mr. F erris .
The committee of conference on the disagreeing votes of the
The message also transmitted to the Senate resolutions of the two Houses bn the amendments of the Senate to the bill (H. b
House on the life and public services of Hon. W il l ia m P. F ry e , 266S0) making appropriations for the legislative, executive, and
late a Senator from the State of Maine.
judicial expenses of the Government for the fiscal year ending
The message further transmitted to the Senate resolutions of June 30, 1914, and for other purposes, having met, after fu.
the House on the life and public services of Hon. G eorge H er and free conference have agreed to recommend and do recon
bert U tter , late a Representative from the State of Rhode
mend to their respective Houses as follows:
Island.
The message also transmitted to the Senate resolutions of the
House on the life and public services of Hon. A lbert H am ilton
H ubbard , late a Representative from the State of Iowa.
1913.
CONGRESSIONAL RECORD— SENATE.
3143
recommendation
suggestions he considered with
Mr. SUTHERLAND. N o; I did not. I do not know' wliat legislative action that thethe current session of Congress. a view to
during
proportion of them are married; but I stated that the effect of
1 . Legislation to increase the personnel of the Judge Advocate Gen
the legislation was, so far as the law was put in operation, to eral's Department and to place it on a detail basis similar to that pre
the Ordnance Department.
Put married men out of employment and unmarried men in to scribed for of the wide range, great importance, and increasing volume
In view
the extent to which the unmarried men enlist.
of the work of the Judge Advocate General's Department, made strik
ingly manifest during the past year, it is certain that any reorganiza
Mr. DU PONT. I misunderstood the Senator.
Mr. SUTHERLAND. /The Quartermaster General says, tion of the Army will involve a considerable increase in the commis
sioned personnel of that department. Pending the completion of plans
among other things, in a letter which I have in my hand:
for such reorganization, recommendation as to what the increase should
Employees at depots who wete appointed from the unskilled civilservice lists, who are under 4 5 years of age, will be required to enlist,
and refusing enlistment their placbs will be filled by enlisted men ot
the Quartermaster Corps of the Army.
In another letter he says:*
In view of the wording of the law and the decision of the Secretary
of War, it would appear that unless the law is changed the unclassified
employees must be discharged in order that men may be enlisted.
be is deferred. I therefore limit my recommendation at this time for
further legal personnel in the Army to that imperatively needed in the
Judge Advocate General’s office in the War Department. The require
ments made of that office necessitate the presence of a greater number
of commissioned assistants to the Judge Advocate General than can be
supplied from the small commissioned personnel of the department,
and it has been found necessary to detail one line officer for duty in
the office, that officer being inquired to do the work and assume the
responsibilities which should/naturally fall upon officers commissioned
in the department. Observation during the past year and a half lias
Statements of that kind coming from the War Department
rather compel the civilian employees, in order to feel secure in
their positions, to enlist in the Army, and I object to that sort
be
° f thing. I should object to a conscription act in a time of quinng legal attention ip the Judge Advocate General’s office may the
expeditiously and efficiently disposed of. I therefore recommend
peace, and this very nearly approaches that kind of an act.
addition of at least one major to the commissioned personnel of the
/
As to the point of order, Mr. President, the amendment sug department.
Since the passage of
1901 (31 Stat., 755), the
gested is clearly in order, because it is a limitation upon the detail system has been the act of February 2 , departments of the Army
applicable to ail staff
appropriation for the pay of these identical enlisted men, normally recruited £tom the line, but in the Judge Advocate General’s
in which the
introduced in
amounting to the sum of $810,000. To the extent that my Department, of Jul/ 5, 1884,detail system was first been applicable 1884
(sec. 1, act
23 Stat., 113), it has
only
amendment will alter the law, it will affect the amount of that to the lowest grade, that of captain (sec. 15, act of Feb. 2, 1901, 51
Stat., 751). Tljf work required of the Judge Advocate General’s De
appropriation which will he expended.
highly technical in character and is constantly increasing
The PRESIDENT pro tempore. Will the Senator please re partment is coinplexity, and importance. The Judge Advocate General
in volume,
state his point again? The Chair did not exactly hear it.
is of the opinion, in which I concur, that under the detail system now
Mr. SUTHERLAND. The hill makes an appropriation for applicable to /h e Ordnance Department, involving as it does competitive
entry
the
for de
the pay of enlisted men, Quartermaster Corps, and additional qualification/for therein into the department andthere necessity greater
fending teiyure
by meritorious work,
will he
Pay for length of service, $810,000. That appropriation is for assurance J ot securing and maintaining the high-grade commissioned
these identical enlisted men who are to take the places of the personnel /necessary to the efficient administration of the Judge Advo
civilian employees. Under the terms of the law as it now exists cate Gcn/ral’s Department.
It is /therefore recommended that, in addition to the increase sugthese civilian employees can be put out of their positions and
ested /hove, the detail system now applicable to the Ordnance Depart
f
enlisted men put ini and these enlisted men would take their ment 1e made applicable to the Judge Advocate General’s Department.
The
thus suggested may he given legislative expression in substnnplaces and will share in this appropriation of $S10,000.
the following form :
tial
The effect of my amendment is to limit the provisions of ex
it the Judge Advocate General’s Department is hereby increased
isting law so as to prevent a certain proportion of the Civilian
ie major, the vacancy thus created to be filled in accordance with
sting law, and hereafter the provisions of section 20 of the act of
employees from being eliminated from the service, and of course
f'bri
ruary 2. 1901, as modified for the Ordnance Department by section
to that extent it will operate as a limitation upon the expendi
L the act of June 25, 1906, and by the act of March 3, 1909, shall
’
ture of the appropriation.
/be held to include the Judge Advocate General’s Department: P r o v i d e d ,
The PRESIDENT pro tempore. The point (he Senator makes/ 1 That the board of officers which is to recommend officers for detail in
the Judge Advocate General’s Department shall he composed of officers
is that it does not increase, hut limits the amount.
of that department: A n d p r o v i d e d f a r t h e r , That acting judge advocates
Mr. SUTHERLAND. Precisely. It will limit the amount < f may be detailed for tactical brigades, and when not immediately re
/
T
quired for service with geographical departments or tactical divisions or
the expenditure.
/
acting judge
lie
Mr. DU PONT. My point of order, Mr. President, is that it brigades, the exigencies, advocates may may assigned to such other legal
duty as
of the service
require.
is new legislation. It has not only been dealt with by the /om •*
*
■*
*
■
*
*
*
mittee, but it has been formally disapproved by the committee.
Mr. TILLMAN. I -offer the amendment which I send to the
Mr. SUTHERLAND. That does not settle it with the Senate, desk.
I trust.
/
The PRESIDENT pro tempore. The amendment will be
The PRESIDENT pro tempore. Unless the Senator from read.
Delaware desires to say something in response to the Argument
The S ecretary . On page 7, after line S, insert:
as to the point of order,*the Chair will overrule the point of
That nothing contained
under the heading “ Pay of
order, the intention being undisputed, the Chair understands, officers of the line ” in the in the provisoAugust 24, 1912, entitled “An
act approved
to limit the appropriation. The question, then, is in agreeing act making appropriation for the support of the Army for the fiscal
year ending June 30, 1913, and for other purposes,” shall be held to
to the amendment submitted by (lie Senator from Utah.
apply to the service of Capt. Frank Parker, United States Army, for
The amendment was agreed to.
the period necessary for him to complete his present tour of duty at
Mr. OVERMAN. I offer an amendment to cotfie in on page L’Ecole de Guerre, France.
13, iine 2. I ask that it be read.
The amendment was agreed to.
The PRESIDENT pro tempore. The amendment submitted
Mr. WORKS. I offer the amendment I send to the desk.
!\ the Senator from North Carolina will be rend.
V
The PRESIDENT pro tempore. The amendment will be
The S ecretary . In line 2, page 12, after the amount “ $10,stated.
400,” insert the following proviso:
/
The S ecretary . It is proposed to amend by inserting, after
P r o v i d e d , That hereafter the number of majors in said department
line 18, page 49, the following:
l;'1
all be seven.
Mr. OVERMAN. I wish to say that is strongly recommended
t> the Secretary of War and the Judge Advocate General. I
y
think the chairman of the committee understands it, and he will
Probably accept the amendment.
Mr. l)U PONT. I understand the question fully. I have
heard it discussed a great many times, and it has been re Secretary oi war, aim “ ‘ ‘ A^ted^Vor as°other appropriations for the
under his d c«
^
War is
to
peatedly recommended by the Secretary, both in writing and War TJ pait men t° na^ d the Secretary of advisable he\ffiy authorized or
e
, ai
th t
deem
for -the admission
membership under existing laws who are
t° me personally, and by the Judge Advocate General as well. impose such cond'tffins ^
I really think that it will be for tW benefit of the service, and " S i n s A S S ”» “ « ss of
per month.
Under the circumstances I will therefore accept the amendment.
Ah- I)U PONT. Mr. President, the amendment proposed by
The amendment was agreed to.
Dio Senator from California is in harmony with the recommenda
-Air. OVERMAN. I ask that an extract from a letter of the tions of the subcommittee of tlie Committee on Military Affairs,
Secretary of War which I send to the desk in support of the which carefully investigated the whole subject. I will therefore
amendment just agreed to may be printed in the R ecord.
accept the amendment.
Uliere being no objection , the letter w as ord ered to be printed
The amendment was agreed to.
In the R ecord, as fo llo w s :
Mr BRISTOW
Following the amendment which has just
JANOARX 20, 1913.
been adopted. I offer an amendment. I think I have framed It
H o n . II, a . d u P o n t .
C h a irm a n C o m m itte e o n M ilit a r y A ffa ir s ,
now so as to remove tlie objection to it from the chairman of
U n ite d S ta te s S e n a te , W a s h in g to n , D . C.
the committee and the Senator from Wyoming. I send it to the
S i r ; I desire to invite your attention to the following suggestions
as to legislation touching the Army and tlie War Department, with the desk to be read.
CONGRESSIONAL RECORD— SENATE.
3144
The PRESIDENT pro tempore. The amendment will be
stated.
The S ecretary . After the amendment just agreed to op page
48 insert:
After January 1, 1914, no moneys appropriated in this bill for the
purchase and maintenance of vehicles that are used in the District of
Columbia, other than automobile trucks, shall be used for the purchase,
maintenance, or use of any vehicles that are not drawn exclusively by
mules.
F ebruary 145
Mr. GALLINGER. A quorum having been developed, I ask
that the amendment be again stated.
The PRESIDENT pro tempore. The amendment will be read.
The S ecretary . On page 48, line 18, a fte r the am endm ent
a lrea dy-a greed to in that place, insert the fo llo w in g :
\fter January 1, 1914, no moneys appropriated in this bill for the
purchase and maintenance of vehicles that are used in the District of
Columbia other than automobile trucks shall be used for the purchase,
maintenance, or use of any vehicles that are not drawn exclusively by
mules.
Mr. GALLINGER. I should like to hear the amendment read
The PRESIDENT pro tempore. The Senator from Kansas
again, Mr. President.
[Mr. B r ist o w ] offers the amendment which has just been read,
The Secretary again read the amendment.
Mr. WARREN. We all love the mule and we respect the and the Senator from New Hampshire [Mr. Gallinger] moves
horse; but it seems to me that the proposed amendment is an to lay the amendment on the table. Upon that question the
invidious distinction and a sin against the horse that I will not yeas and nays have been ordered, and the Secretary will call
the roll.
be able to support.
The Secretary proceeded to call the roll.
Mr. BRISTOW. Mr. President, the Senator from Wyoming
Mr. CLARK of Wyoming (when his name was called), t
Understands the purpose of the amendment. As it was origi
nally drawn he objected to it because he said it might in some have a general pair with the Senator from Missouri [Mr.
sections of the country where mules are not easily obtained Stone]. In the absence of that Senator I withhold my vote.
Mr. GALLINGER (when his name was called). I have a
result in added expense. But that could not be the case in the
district of Columbia. The purpose, as the Senator well knows, general pair with the junior Senator from New York [Mr.
is to stop an abuse which I think is scandalous, that of using O'Gorman]. I do not see him in the Chamber, and I transfer
Government property for private purposes in the District of my pair to the Senator from New Mexico [Mr. Catron] and
vote. I vote “ yea.”
Columbia.
There is not a Senator here who, when he walks down the
Mr. RICHARDSON (when his name was called). I have a
streets any day when the weather is pleasant, does not see offi general pair with the junior Senator from South Carolina [Mr.
cers of the Army and of the military establishment using Sm ith ]. I therefore withhold my vote.
horses and carriages and automobiles for private purposes that
Mr. SIMMONS (when his name was called). I am paired
are maintained at public expense. We undertake to cut out with the junior Senator from Minnesota [Mr. CLArp].
this abuse as much as we can in the civil establishment, but
Mr. SMITH of Michigan (when his name was called). I am
the abuse is much more widespread, I think, from the military paired with the junior Senator from Missouri [Mr. R eed ], i f
appropriations than from any other of the appropriation bills.
he were present, I would vote “ yea.” I withhold my vote.
This is not a joke; it is simply a scandal, and this is a means
Mr. WILLIAMS (when his name was called). I have a pair
that I think will effectively break it up.
with the senior Senator from Pennsylvania [Mr. P enrose], and
Mr. TOWNSEND. Mr. President, if I understood the Senator I therefore withhold my vote.
from Kansas correctly, his object in adopting the mule was to
The roll call was concluded.
prevent officers from using it, because he would not want to
Mr. .GUGGENHEIM. I wish to inquire if the senior Senator
drive a mule down the street. I have understood that the mule from Kentucky [Mr. Paynter] lias voted.
was never more popular than now. I f it were wanted really
The PRESIDENT pro tempore. The Chair is informed that
to accomplish this particular purpose, it seems to me we had he has not.
better adopt oxen, because if we had that as a means of loco
Mr. GUGGENHEIM. I withhold my vote, as that Senator is
motion it is quite certain no officer would drive down the absent.
street; and that is, I understand, what we are trying to prevent.
Mr. DILLINGHAM. I observe that the senior Senator from
Mr. GALLINGER. Mr. President, I was not in the Chamber South Carolina [Mr. T illman ] has not voted, and as I have
when this matter was up a few moments ago, and I have just a general pair with that Senator I withhold my vote. Were
heard the proposed amendment read with interest and aston he present, I would vote “ yea.”
ishment. I do not think it ought to be agreed to. I f the Sena
Mr. KERN. I inquire if the junior Senator from Kentucky
tor from Kansas should offer an amendment to absolutely pro [Mr. B radley ] has voted.
hibit the use of public moneys for the purposes indicated in his
The PRESIDENT pro tempore. The Chair is informed tlx;
amendment, I would have some sympathy -with it, but I do not Senator has not voted.
think we ought to gratuitously slur Army officers and thus
Mr. KERN. Having a general pair with the junior Senator
or
make ourselves subject to the criticism that will fall upon us if from Kentucky, I withhold my vote.
we adopt an amendment of that kind. Therefore I feel coxiThe result was announced—yeas 35, nays 21, as follow s:
strained to make the point of order against it.
YEAS— 35.
Mr. BRISTOW. The point of order has been made, and it Ashurst
Fletcher
Martine, N. J.
Stephenson
Myers
Foster
Sutherland
was decided that the amendment is in order. It is simply a Bankhead
Gallinger
Oliver
Swanson
Bourne
limitation upon the expenditure of the money.
Percy
Gamble
Thornton
Brandegec
Mr. GALLINGER. I was not aware of that fact. I f the Burnham
Perkins
Jackson
Townsend
Root
Lippitt
Warren
Chair has decided that, of course I submit to the decision of the Crane
Smith, Ariz.
Lodge
Webb
Culberson
Chair. Then, Mr. President, I move to lay the amendment on Culiorn
Smith, Md.
McLean
Wetmore
the table.
Martin, Va.
Smoot
du Pont
NAYS— 21.
The PRESIDENT pro tempore. The Senator from New
Kern
Clarke, Ark.
Sheppard
Bacon
Hampshire moves to lay the amendment on the table.,
McCumber
Crawford
Smith, Ga.
Mr. BRISTOW. On that motion I ask for the yeas and nays. Borah
Nelson
Fall
Thomas
Bristow
The yeas and nays were ordered.
Johnston, Ala.
Overman
Bryan
Page
Jones
Burton
Mr. GALLINGER. I suggest the absence of a quorum.
Kenyon
Pomerene
The PRESIDENT pro tempore. The Senator, from New Chamberlain
NOT VOTING— 39.
Hampshire suggests the absence of a quorum. The Secretary
Dillingham
Lea
Shively
Bradley
will proceed to call the roll.
Dixon
Massey
Simmons
Brady
The Secretary called the roll, and the following Senators an Briggs
Gardner
Newlands
Smith, Mich
Gore
O’Gorman
swered to their names:
Smith, S. C.
Brown
A
Asliurst
Bacon
Boi'ali
Bourne
Brandegce
Bristow
Bryan
Burton
Chamberlain
Clapp
Clark, Wyo.
Culberson
Cullom
Cummins
Curtis
Dillingham
du Pont
Fall
Fletcher
Foster
Gallinger
Gamble
Jackson
Johnston, Ala.
Jones
Kenyon
Kern
La Follelte
Lippitt
Lodge
McCumber
Martin, Ya.
Martino, N. J.
Nelson
Oliver
Overman
Page
Percy
Perkins
Pomerene
Richardson
Root
Sheppard
Simmons
Smith, Ariz.
Smith, Ga.
SmithlMd.
Smith, Mich.
Smoot \
Stephenson
Stone
Sutherland
Swanson
Thomas
Thornton
Townsend
Warren
Webb
Williams
Catron
Chilton
Clapp
Clark, Wyo.
Cummins
Curtis,
Gronna
Guggenheim
Hitchcock
Johnson, Me.
Kavanaugh
La F'ollette
Owen
Paynter
Penrose
Poindexter
Reed
Richardson
Stone
Tillman
Watson
Williams
Works
So Mr. Bristow’s amendment was laid on the table.
The bill was reported to the Senate as amended, and the
amendments were concurred in.
The amendments were ordered to be engrossed and the bill to
be read a third time.
The bill was read the third time and passed.
DISTRICT OF COLUMBIA APPROPRIATION BILL.
The PRESIDENT pro tempore. On the call of the roll 59
Mr. CURTIS. Mr. President. I heretofore gave notice that I
Senators have answered to their names. A quorum of the Sen would call up the District of Columbia appropriation bill imme
ate is present.
diately after the bill which has just been passed was disposed
1913.
COM tR ESSIOX AL 11EOOIM)— SENATE,
SENATE.
Monday, February 1?191$.
d a y o f T u e s d a y , F e b r u a r y 11, 1913.)
The Senate reassembled at 12 o’clock meridian, on the ex
piration of the recess.
Mr. G a l l i n c e r took tlie chair as President pro tempore under
‘ he order of the Senate of December 10, 1912.
( L e g isla tiv e
CREDENTIALS.
Mr. BROWN. Mr. President, I have the honor to present
the credentials of my successor, and I ask to have them read.
1 lie PRESIDENT pro tempore. The credentials will be read.
r
the Secretary read the credentials of G e o r g e " W. N o r r i s ,
chosen by the Legislature of the State of Nebraska a Senator
fi'oin that State for the term beginning March 4, 1913, and they
'vei-e ordered to be filed.
Mr. CATRON. Mr. President, I present the credentials of
iny colleague [Mr. F all ] and ask that tliey be read.
Idle PRESIDENT pro tempore. The credentials will be read.
The credentials of A lb e rt B a co n F a l l , chosen b y the Legis
lature of the State of New Mexico a Senator from that State
f ar the term beginning March 4, 1913, were read and ordered
to be filed.
Mr. CURTIS. Mr. President, I present the credentials o f my
successor.
The PRESIDENT pro tempore. The credentials will be read.
The credentials of W il l ia m H . T hom pson , chosen b y the
Legislature of the State of Kansas a Senator from that State
f or the term beginning March 4, 1913, were read and-ordered
to lie filed.
\
Mr. SMITH of Georgia presented the credentials of A ugustus
'L Bacon, appointed by the governor of the State of Geprgia
a Senator from that State from the 4th day of March, 1913,
Ulltil the next meeting of the legislature thereof, which were
!’oad and ordered to be filed.
COMMERCIAL AND AGRICULTURAL ORGANIZATIONS.
\
The PRESIDENT pro tempore laid before the Senate the
following communication from the Secretary of Commerce and
Labor, which was read:
Department
o f Commerce and L a b o r ,
W a sh in g to n , F eb ru a ry 15, 1913.
* V l L ByJ lire.c on of the President, and in conformity with Senate
,(i
U^ohition No. 406 of December 1 2 , 1912, 1 have the honor to transmit
P in lj
° f ibo commercial and agricultural organizations of the
L“ hed States.
ihr. '1 bst of the agricultural associations has been prepared through
G
courteous cooperation of the Department of Agriculture, at the
V ’ost,.of the Secretary of this department,
of tof commercial organizations lias been compiled in the Buuean
in !,ore' " n and Domestic Commerce of this department. That bureau
Pii-n e e
.xereise of its functions of promoting commerce and maprufacUiii< ^aiatains close relations with those organizations tliroughofit the
nioi.' ■ ®tates which are engaged in promotive service for the comthi»o 1 * Ttcresls of their districts, and a record of the activities of
trade bodies is kept as a part of the current files of that office.
77, P0llffh this record was fairly complete, it has been supplemented
niii r, as Practicable in the time permitted, and the list which is transt lin ® herewith is believed to be a fairly complete one and to contain
acmes of practically all the commercial organizations in towns with
n’ iiVV h a b ita n ts or more. An acknowledgment should .be made to a
l
im:!1 -1 ,ftf secretaries of important commercial organizations who have
"
tir,,V'n-ally assisted the bureau in securing complete lists of associai
ln certain States.
/
(■nbn
i yal“ e of the list of these organizations it is believed is greatly
‘anmi if the essential facts in regard to each association are also
ii-iim . * there has been included as far as practicable with the list of
of commercial organizations herewitli snhmitted a concise state-
foihed'‘bVvthriise“of Convenient"‘symbols." it“is "possible for the business
uuin to obtain a definite knowledge of the character of each trade
t)0 (ly listed herewith
Respectfully, ’
Charles N agel, S e c r e t a r y .
The P r e s id e n t of tite S e n a t e ,
W a sh in g to n .
(inclosure N6 . 211G7.)
B. C.
Symbols are employed to indicate ( 1 ) the field of service of the re-
J)ec*tive local commercial organizations and (2 ) tlieir special activities,
poparate sets of svmbols are used for this purpose, the first, or A,
S es being given hinder the heading f Field of service, and the « «
and. 01. . . c „ sei.ies un(lei. the heading “ Remarks.’
Ihe latte series
indicates special activities of organizations directed by depaitments 01
‘-wn.nittees. Following is a key to the various symbols:
FIELD OF SERVICE.
•
■^L Civic ar.d industrial development of district.
,S - Interests of local retail merchants.
n
Ad. Interests of local manufacturers of miscellaneous products.
v L Civic improvements only.
. „
. , , „„,.v,vP not
A->- Interests indicated in title
indit'ated by preceding symbols. of organization or special sen ice not
“
SPECIAL ACTIVITIES.
Conventions.
;,V- foreign trade.
u-V «?,tail trade.
Vi holesalo trade.
mm
03. Market quotations.
<'4. Grain weighing and inspection.
C5. Charity investigations.
C6 . Transportation.
<17. Classified library.
08. Industrial.
C9. Local credits.
CIO. Weekly journal.
O il. Monthly journal.
%
C12. Employment.
CIS. Agriculture.
014. Daily bulletin.
015. Quarterly bulletin.
C1G. Biweekly journal.
Tlie PRESIDENT pro tempore. Without objection. Ilip com
munication and accompanying papers will be referred to the
Committee on Printing.
FINDINGS OF THE COURT OF CLAIMS.
The PRESIDENT pro tempore laid before the Senate a com
munication from the assistant clerk of the Court of Claims,
transmitting certified- copies of the findings of fact and conclu
sion filed by the court in the following causes:
Kate P. Cliesley, administratrix tie bonis non cum testamesnto
annexo of the estate of James A. Cliesley, deceased (S. Doe.
No. 108S) ; and
Washington Loan & Trust -Co., administrator do bonis non
cum testamento"annexo of Edward S. Keyser, deceased (S. Doc.
No. 1089).
The foregoing findings were, with the accompanying papers,
referred to the Committee on Pensions and ordered to la*
printed.
MEMORIAL ADDRESSES ON THE LATE REPRESENTATIVE LEG ARE.
Mr. TILLMAN, Mr. President, I wish to give notice that on
March 1, 1913, I will ask the Senate to consider resolutions
commemorative of the life and public character of G eorge S.
L e g a r e , late a Representative i n Congress from tlie State of
South Carolina.
/
CONNECTICUT RIVER DAM.
The Senate, as in Committee of the Whole, resumed tlie con
sideration of the bill (S. S033) to authorize the Connecticut
River,£o. to relocate and construct a dam across the Connecticut
River above the village of Windsor Locks, in the State of Con
necticut.
Mr. BRANDEGEE. Mr. President, I wish to make a parlin mentary inquiry as to whether any morning business is in
oflder at the present time.
The PRESIDENT pro tempore. The present occupant of
theVbair is of the opinion that it would not be in order. The
matter that was laid before the Senate was on the desk of
the President pro tempore.
Mr. B R A NDE G E E . Tlie Senator from Kansas [Mr. C u r t i s ]
last Friday afternoon gave notice that he would call up the
District\of Columbia appropriation bill this morning. At that
time unanimous consent had been granted that we should pro
ceed to vote not later than 4 o’clock to-day upon all amendments
pending and upon the bill authorizing the construction of a
dam across the Connecticut River. As Senators know, there
are quite a number of amendments pending and they will need
explanation. I wish to suggest to the Senator from Kansas if
he does not think the District appropriation bill should be laid
aside in time ter Senators to explain their amendments, so
that they may be voted upon intelligently.
Mr. CURTIS. I will state to the Senator that at 2 o’clock,
if that will give sufficient time, and if the appropriation bill
is not then completed, I will ask that it be temporarily laid
aside.
1
Mr. BRANDEGEE. Of course I am ready to vote upon the
bill and the amendments now, but if other Senators request the
Senator from Kansas to lay the bill aside I bom; he will concur
in the request.
Mr. CURTIS. I will gladly do so.
ail*. SMITH of Arizona. May I interrupt the Senator from
Kansas?
Mr. CURTIS. Certainly.
Mr. SMITH of Arizona, air. President, I had expected to
submit some observations on the pending hill and would prefer
to do it now. I know of at least two other Senators who wish
to occupy 30 or 40 minutes all told. I shall in the present con
dition of the bad cold I have ask the indulgence of the Senate
to print many of the authorities, which are mere decisions of
the courts, instead of reading them or having them read to
the Senate. With the understanding that I can take the floor,
say, at 2 o ’clock, of course I shall yield that tlie appropriation
bill may be proceeded with now.
Mr. CURTIS. I think the appropriation bill will be com
pleted before 2 o'clock. If it is not, I will gladly consent to
3244
CONGKESSI()XA L EEC()EI)— SENATE.
lay it aside at that hour, or I will ask to have it laid aside
before that hour if any Senator desires to take the iioor on the
pending bill.
Mr. SMITH of Arizona. With that understanding, I have no
objection to the Senate proceeding with the appropriation bill.
Mr. CUItTIS. I now move to take up the District of Colum
bia appropriation bill.
Mr. .TONES. I simply desire to say that I wish to submit
some observations on the bill relating to the Connecticut River,
but I understand that the Senator from Kansas will be willing
to yield at any time.
• Mr. CIJRTIS. I said that T would yield at 2 o'clock, and I
will yield at any time before, 2 that any Senator desires.
Mr. JONES. With that understanding, I am willing that the
Senator shall proceed with the appropriation bill.
MESSAGE 1’RQM THE HOUSE.
<
A message from the House of Representatives, by J. C. South,
its Chief Clerk, announced that the House had passed the fol
lowing bills:
S.
104. An act for the relief of Carl Krueger: and
S. 2733. An act for the relief of the estate of Alinon P. Fred
erick.
The message also announced that the House had passed the
following bills, with amendments, in which it requested the con
currence of the Senate:
S. S17S. An act granting pensions aud increase of pensions to
certain soldiers and sailors of the Civil War and certain widows
and dependent relatives of such soldiers and sailors;
S. 8274. An act granting pensions and increase of pensions to
certain soldiers and sailors of the Civil War and certain widows
and dependent relatives of such soldiers and sailors;
S. 8275. An act granting pensions and increase of pensions to
certain soldiers and sailors of the Regular Army and Navy and
of wars other than the Civil War, and to certain widows and
dependent relatives of such soldiers and sailors; and
S. 8314. An act grant ing pensions and increase of pensions to
Certain soldiers and sailors of the Civil War and certain widows
and dependent relatives of such soldiers and sailors.
The message further announced that the House had agreed
to the report of the committee of conference on the disagreeing
votes of the two Houses on the amendments of the Senate to
the bill (H. R. 14053) to increase the pensions of surviving
sailors of Indian wars in certain cases.
The message also announced that the House had passed the
following bills, in which it requested the concurrence of the
Senate:
\
H. It. 2839. An act for the relief of William Homnnksberg;
H. R. 6793. An act for the relief of Charles A. Bess;\
II. It. 8921. An act for the relief of William H. Seward;
IT. R. 18727. An act for the relief of Lewis Wood;
If. R. 24296. An act for the relief of Alonzo D. Cadwalla
.ider;
II. It. 26648. An act for the relief of David Crow!her;
T . It. 24661. An act for the relief of James Parsons;
T
H. It. 24942. An act for the relief of the administrator and
heirs of John G. Campbell, to permit the prosecution of Indian
depredation claims;
II. R. 28607. An act making appropriations for the Diplomatic
and Consular Service for the fiscal year ending June 30, 1914:
II. R. 28672. An act granting pensions and increase of pen
sions to certain soldiers and sailors of the Regular Army and
Navy and certain soldiers and sailors of wars other than the
Civil War and to widows of such soldiers and sailors; and
II. R. 28746. Aii act granting pensions and increase of pen
sions to certain soldiers and sailors of the Regular Army and
Navy and certain soldiers and sailors of wars other than the
Civil War and to widows of such soldiers and sailors.
The message further transmitted to the Senate resolutions of
the House on the life and public services of Hon. G eorge S.
N ixo n , late a Senator from the State of Nevada.
The message also transmitted to the Senate resolutions of the
House on the life and public services of lion. J oh n G eiser M c
H enry , late a Representative from the State of Pennsylvania.
The message further transmitted to the Senate resolutions of
the House on the life and public services of Hon. R ich ard E.
C onnell , late a Representative from the State of New York.
The message also transmitted to the Senate resolutions of the
House on the life and public services of Hon. W il l ia m W.
W edemeygr , late a Representative from the State of Michigan.
ENROLLED BILLS SIGNED.
The message further announced that the Speaker of the House
had signed the following enrolled bills, and they were thereupon
signed by the President pro tempore and delivered to the com
mittee to he presented to the President of the United States;
S. ISO. An act for the relief of Francis Grinstead, alias
Francis M. Grinstead;
r K .R A Y
B UK
S. 3873. An act for (lie relief of Lewis F. Walsh;
S. 4030. An act for the relief o f Sylvester W. Karnes;
S .4043. An act divesting intoxicating liquors of their inter
state character in certain cases;
S. 5262. An act for the relief of Sylvester G. Parker; and
II. R. 14053. An act to increase the pension of surviving
diers of Indian wars in certain cases.
DISTRICT OE COLUMBIA APPROPRIATION BILL.
Mr. CURTIS. I move that the Senate proceed to the eon.
sideration of House bill 28499, the District of Columbia appro
priation bill.
The motion was agreed to; and the Senate, as in Committee of
the Whole, proceeded to consider the bill (II. R. 28499) making
appropriations to provide for the expenses of the government of
the District of Columbia for the fiscal year ending June 8o
1934. and for other purposes, which had been reported from the
Committee on Appropriations with amendments.
Mr. CIJRTIS. I ask unanimous consent that the formal read
ing of the bill be dispensed with, that it be read for amendment
and that the committee amendments be considered first.
Mr. SMITH of Georgia. I object to that course. It seems to
me that the wise way to handle a bill of this kind is to have it
read paragraph by paragraph and allow Senate committee*
amendments and floor amendments to be offered as we dispose
of a paragraph.
Mr. CURTIS. If the Senator objects, T will not press the
request.
Mr. SMITH of Georgia. I object.
The PRESIDENT pro tempore. Objection is made, and the
Secretary will proceed to read the bill.
Mr. SMITH o f Georgia. I do not object to dispensing with
the reading of the bill. I object to taking up the committee
amendments first.
The PRESIDENT pro tempore. The bill will be read, and
amendments will be considered as they are reached, either
committee amendments or amendments offered by individual
Senators.
The Secretary proceeded to read the bill.
The first amendment of the Committee on Appropriations
was, under the head of “ General expenses.1 on page 2, liiN :j,
’
*
after the word “ on e-’ where it occurs the third time, to stiaVc
out “ 81,300 ” and insert “ .$1,400,” so as to make the clausfe
read:
Executive office: Two commissioners, at $5,000 each; engineer com
missioner. so mncli as may be necessary (to make salary $5,000) ; sec
retary, $2,400; assistant secretaries to commissioners— one $1,500, one
$1,200; clerks— one $1,600, one $1,500, one $1,400, two at $1,200
each, one, who shall lie a stenographer and typewriter, $ 1 ,0 0 0 , one
$840, one $720, one $600: messengers— one $600, one $480; stenog
rapher and typewriter, $840; two drivers, at $600 each.
Mr. SMITH of Georgia. I understand that all these salaries
are fixed by law. If I am right about that, I make the peiut
o f order that they cau not he changed in ihis way.
Mr. CURTIS. This increase was made by the committee
upon the recommendation of the Commissioners of the District
of Columbia.
Mr. SMITH of Georgia. But that is not sufficient. If there
is a general statute fixing a salary, it is a part of the organic
law, and you can not change it in an appropriation bill. R
takes a special statute to make the increase. 1 make the point
of order that the proposed increases can not be made in this
way.
Mr. CURTIS. Mr. President, T do not think (lie point of or
der is well taken. This is an item that was estimated for by
the Commissioners of the District of Columbia, and it has been
ported by one of the standing committees of tlie Senate,
lerefore it is not subject to 1lie point of order.
e PRESIDENT pro tempore. The Chair is of (he opinion
the point of order is not well taken and will overrule the
t of order. The question is on agreeing to the amendment
committee.
SMITH of Georgia. I desire to make an objection to
these'.increases. All through the bill there runs a systematic
line o\ increases in the salaries. I believe that the expense
of adnsnistration in this District has been just as great as it;
ought to be, and that this is not a proper time to increase the
salaries.'
The PRESIDENT pro tempore. Senators agreeing to the
amendment of the committee will say “ aye.” [.Putting the
question.] The ayes appear to have it.
Mr. SMITH of Georgia. I call for the yeas and nays.
The yeas Valid nays were ordered, and the Secretary proceeded
to call the roll.
Mr. CHAMBERLAIN (w hen Mr. B ourne ’ s nam e w as called).
I desire to state that m y colleague [Mr. B ourne ] is detained
on a joint committee between the two Houses upon official
business.
COXGEESSIONAL RECORD— SENATE.
1913.
••
•
Mr. CLARK of Wyoming (when liis name was called). I
have a general pair with the senior Senator from Missouri [Mr.
S tone ]. I withhold my vote in ilie absence of that Senator.
Mr. CULLOM (when his name was called). I have a general
pair with the junior Senator from West Virginia [Mr. C h il t o n ].
He is not present, and I withhold my vote.
Mr. SMITH of South Carolina (when his name was called).
I have a general pair with [lie Senator from Delaware [Mr.
R ich ardson ]. lie is not present, and therefore I withhold my
vote.
Mr. WILLIAMS (when his name was called). I ask if the
Senator from Pennsylvania [Mr. P enrose ] has voted?
i The PRESIDENT pro tempore. The Chair is informed that
that Senator has not voted.
Mr. WILLIAMS. I have a pair with him, and will there
fore withhold my vote.
The roll call was concluded.
Mr. SMITH of Michigan. I am paired with the Senator from
Missouri [Mr. R eed]. I transfer thaTTrvicJo the Senator from
Oregon [Mr. B ourn e ] and vote. I vote. “ y
<
Mr. SMITH of South Carolina. I transfer m>vgeneral pair
with the Senator from Delaware [Mr. R ichardson | to the
Senator from Oklahoma [Mr. G ore] and vote. I votN “ nay.
/ f i l e result was announced—yeas 43, nays 2S, as follows^
Bradley
Rrandegee
Bristow
Brown
Burnham
Burton
*'ntron
Chamberlain
( lark, Wvo.
( ram*
Crawford
Root
Smith, Ariz.
Smith. Aid.
Smith, Alich.
Smoot
Stephenson
Sutherland
Swanson
Townsend
Wetmore
Ashurst
Ra con
Brady
Bryan
Clarke, Ark.
Culberson
Fletcher
McCumber
McLean
Martino N. J.
Nelson
Newlands
Oliver
Page
Paynter
Percy
Perkins
Poindexter
NAYS— 28.
Myers
Gardner
O'Gorman
Gronna
Overman
Johnson. A[e.
Johnston, Ala.
Pomereuo
Kenyon
Sheppard
Kern
Shively
Lea
Simmons
Smith, Ga.
Smith, S. C.
Stone
Thomas
Thornton
Tillman
Webb
Bankhead
Borah
Bourne
Bjiggs
('hilton
Clapp
NOT VOTING— 24.
Cullom
La Toilette
Dixon
Lippitt
Foster
Martin, Va.
Gore
Massey
Owen
Hitchcock
Kavanaugh
Penrose
Reed
Richardson
Warren
Watson
Williams
Works
Cummins
Curtis
Dillingham
du Pout
Fall
Gallinger
Gamble
Guggenheim
.Tackson
.Tones
Lodge
So the amendment of the committee was agreed to.
'lie reading of the bill was resumed, on page 2, line !
tlu>'Secretary read as follows:
A
fJ^U
I'ct*asing division : Purchasing officer, ,$3,000; deputy
■•cor, $1/ hqo ; computer, $1,440; clerk, $1,500; clerks— one $1.
Mr. SWANSON. On page 2. line 13, after the woud^one,” I
Rove to strike oitt>-tlie sum “ .$1,300” an<H to-'fnsert in lieu
•hereof “ $1 ,450.”
Mr. President, I wish to say in connection with this amendhont that the District Commissioners have repeatedly recom
mended that this salary be fixed in accordance with my amend
m
ent. The committee in the House of Representatives examtl e\ ; ile uiatter and reported it at that sum, but it went out in
j ^ House on a point of order. This is one clerk who lias been
Mated; lie does tbe same work as do the other clerks in that
10e but gets only $1,300. By some past legislation, which I
*111 not understand, he lias not been promoted with the others.
seems to me to be an act of justice and equality that the
amendment should carry.
h M}‘- CURTIS. Mr. President, the increase was recommended
. the commissioner^and, so far as I am personally concerned,
m i;\ve 110 objection to'The amendment. However, this amend'vas n°t agreed to by the committee.
question is upon the
The PRESIDENT pro Tempore. The <
amendment.
r f Ir; SMITH of Georgia. Mr. President, all through this bill
cm iacreases; all through this hill are amendments from the
on/imittee wllich I think, involves.changes that will cause large
>
o®*»
money. I am not objecting to these small increases
a . ay one 011 account of simply the two or three cases that first
Wlr / 1 * lny objection is to tbe increase of the appropriation
'’ )ut:
p ie. the amendments suggested by the Senate committee will
' 'oO- I think that it is a mistake, especially at this time,
tri s*1/Imre is to he a change of the administration of the Dis
til ' ;° hicrease these salaries. I think we ought to hold down
Du/ ° f ! )enso ° f administering the affairs of the District. I do
Hunk the appropriations contained in the bill, a number
(J min suggested by amendments which will he reached later
(
’ ought tu | e made. My objection now and my resistance of
>
X L IX
205
3245
these particular items of increase have not reference so much to
those items, but are made to emphasize my objection to practi
cally all of tbe increases of expenditure that the amendments
from tlie Senate committee will provide.
Mr. CURTIS. Mr. President, I want to state for tbe com
mittee that in this bill there are fewer increases than in any bill
that lias ever heretofore been reported from tbe Committee on
the District of Columbia. There was no increase made until
after a very careful study of tlie estimates; there was no in
crease made that did not meet tlie approval bf all of tlie mem
bers of tlie committee who were present.
Mr. CLARKE of Arkansas. May I ask the Senator from
Kansas a question?
The PRESIDENT pro tempore. Does / the Senator from
Kansas yield to tbe Senator from Arkansas^
Mr. CURTIS. I do.
Mr. CLARKE of Arkansas. I wish io nsk the Senator
whether this particular item has been estimated for or was
recommended by a standing committee? /
Mr. CURTIS. This iwm has been estimated for.
Mr. CLARKE of Arkansas. Then, why/did not the committee
include it in the bill as reported to the Senate?
Mr. CURTIS. As I stated a moment ago, tlie committee made
just as few increases as Aissible, am i thought that this one
might be left out, because tlVre were other employees similarly
situated who would be entimed to tlie increase if granted iii
ibis case. We thought those whose ‘salaries we reported to
increase were more entitled tin c r e a se s than the one proposed
to he increased by the amendnitoit of the Senator from Virginia.
Mr. CLARKE of Arkansas. iDid I understand the Senator
from Kansas correctly, then, when tie said he accepted this
amendment, so far as he might do so?
Mr. CURTIS. I said that, so ‘f ar as I \ as personally con
cerned. I would not object to it; Abut it was estimated for. I
did'not make a point of order against it, because the point of
order would not lie. Personally, h have 110 objection to tlie
increase in this one case.
\
Mr. CLARKE of Arkansas. I supposed that tlie Senator was
in charge of the bill and was sustaining the policy outlined by
tlie jcommittee when they reported tlieVbill and omitted to rec
ommend this increase.
\
Mr. CURTIS. I simply expressed iny personal feeling in
wLfit I said.
/
Y
Ir. SMOOT. Mr. President, t desire\to call tlie Senator’s
ention to the fact that tlie increase teas estimated for, as
ited by tlie Senator from Ka*sas. It, was also reported by
lie Committee on Appropriation! of (lie IIo|ise, but went out on
a point of order in that body.
\
Mr. CLARKE of Arkansas. Never mind About its historical
position before tlie Senate. What about the ^merits of tlie par
ticular item ?
Mr. SMOOT. Tbe subcommittee, after considering tlie state
ment made by the commissioners as to whether tlie salary
should be increased, decided that it should not hud reported it
at tlie present rate as provided by law—$1,300. \
The PRESIDENT pro tempore. Tlie quest mil is on the
amendment submitted by tlie Senator from Virginia [Mr.
S w a n s o n ].
-
i
J;
rr
!|
i :
\
Tlie amendment was rejected.
The reading of tlie bill was resumed.
The next amendment o f tlie Committee on Appropriations
was, 011 page 2, line 35, afn?r tlie word “ storekeeper,’\ to strike
out “ $900 ” and insert “ $1,000,” so as to read :
Purchasing division: Purchasing officer, $3,000; deputy purchasing
officer, $1,600 computer, $1,440 clerk, $1,500 clerks— one
300, 6
at $1,200 each, 3 at $900 each, 6 at $720 each; inspector Y>f fuel,
$1,500; assistant inspector of fuel, $ 1 , 1 0 0 ; storekeeper, $ 1,0 C
;
;
;
s i,
Mr. SMITH of Georgia. I desire to ask for the ycaV and
nays 011 that amendment!
\
The PRESIDENT pro/ tempore. The Senator from Georgia
demands tlie yeas and nays.
Tlie yeas and nays were ordered.
\ ;
Mr. OLIVER obtained tlie floor.
Mr. CRAWFORD. I ask that the amendment be stated, y
Tbe PRESIDENT prd tempore. The Senator from Pennsyl
vania first addressed the Chair.
Mr. OLD ER. I should like also to have the amendment
stated.
The PRESIDENT pro tempore. The amendment will be again
stated.
The S ecretary . On page 2, line. 35. after the word “ store
keeper,” the committee reported to" strike out “ $900” and to
insert in lieu thereof “ $3,000.”
Mr. CURTIS. Mr. President, by unanimous consent. I should
like to state what the District Commissioners said in reference
to the matter.
if
fiify
CONGRESSIONAL RECORD— SENATE
Tlie PRESIDENT pro tempore. The Senator does not need
to ask unanimous consent. The Senator will proceed.
Mr. CURTIS. Tlie Commissioners of the District of Co
lumbia in regard to this matter say:
The duties of this position require a man of high integrity, one of
- good judgment, and with a general knowledge of the relative'qualities
of the various supplies furnished the District government, as upon the
incumbent devolves the duty of tlie custody of all samples submitted
by bidders; this duty is particularly onerous at the time annual bids
are received on the more than 5,000 items of general supplies. After
samples are accepted and used as the standard of qualities of the sup
plies that are to be furnished under respective contracts, it is his duty,
upon request of the interested department, to compare ail deliveries
with the accepted samples, for the purpose of seeing that the supplies
furnished equal the contract quality. He is also charged with the
management of the storeroom of stationery and other supplies which is
maintained in this office and from which are issued such supplies used
by offices in the District Building. The person filling this position is
not only required to receive and issue stock, but in addition is also
required to do all the clerical work incident to the same, such as keepin" record of receipts and issues and making deliveries to departments,
renewing the stock as it becomes depleted, etc.
Mr. OLIVER. Mr. President, as a member of tbe subcom
mittee, I want to say that if I have any objection to the changes
made by the subcommittee in the bill it is because they have
not made sufficient advances in small salaries. They have made
practically none in the larger salaries, and what advances they
have granted have been to men who are underpaid. After hear
ing what has been reayl by the Senator from Kansas I say that
I would be ashamed to vote against this advance; and, as an
employer of men all my life, I would be ashamed in my private
establishment to employ a man to perform such duties as this
man performs and pay him only the salary that is provided for
in this bill.
The cost of living has greatly advanced, and the small salaries
have not advanced in proportion. I say that we, as lawmakers
and fixers of salaries, ought to consider what it costs a man to
live in these days and to grant him an advance, if not commen
surate, at least to provide something to correspond to the in
crease tvhich is involved in his cost of living from day to day.
Mr. SMITH of Maryland. Mr. President, as a member of the
subcommittee, I want to say that we scrutinized these recom
mendations very carefully, and I think I can say that, if Sena
tors will compare this bill with other District of Columbia ap
propriation bills which have been passed by the Senate, they
will find fewer increases than in any bill for many years. So
far as an increase of salary is concerned, I do not think ifr'is
anything out of order. We find it in our private business/we
find it in the case of corporations employing men; and why is
it that the men employed by tbe Government, who receiverthese
small salaries, the increase of which is recommended A y the
departments, and in this case recommended by theJcommissioners, shall not be considered by the committee? A see no
reason why they should not be considered at this time as well
as at any other time, even if there is going to be a /tew admin
istration; and so I hope that these small increase/ will not be
refused by the Senate. I do not think they will /m ou n t in all
to $10,000.
Mr. SMITH of Georgia. Mr. President, the reasons presented
by the Senator from Kansas [Mr. C urtis ], b y /h e Senator from
Pennsylvania [Mr. Oliver], and by the Senator from Maryiancl [Mr. S m it h ] in this particular instance appeal to me,
and if the order for the yeas and nays may tie vacated by unani
mous consent, I am willing to have that done and yield on this
question. The important matters that I have in view come in
a little later.
The PRESIDENT pro tempore. In, the absence of objection,
the ordering of tlie yeas and nays will be vacated.
The amendment was agreed to. /
The reading of the bill was resumed.
The next amendment of the Committee on Appropriations was,
on page 2, line 16, after the word “ driver,” to strike out “ $480 ”
and insert “ $600,” so as to read “ driver, $600.”
The amendment was agreed to.
The next amendment was, on page 3, line 3, after the word
“ one,” where it occurs the first time, to strike out “ $1,500”
and insert “ $1,800,” so as to make the clause read:
Building inspection division : Inspector of buildings. $3,000 ; prin
cipal assistant inspector of buildings, $1.S00; assistant inspectors of
buildings— 11 at $1,200 each; fire-escape inspector, $1,400: temporary
employment of additional assistant inspectors for such time as thenservices may be necessary, $3,000; civil engineers or computers— 1,
$1,800; 1, $1,500; chief clerk, $1,500; clerks— 1 at $1,030, 1 at $ 1 ,0 0 0 ,
1 who shall he a stenographer and typewriter, $ 1 ,0 0 0 , 1 at $0 0 0 ; mes
senger, $480 ; assistant inspector, $1,500.
The amendment was agreed to.
The next amendment was, on page 3, line 20, after the word
“ necessary,” to strike out “ $1,700” and insert “ $2,400,” so as
to read:
Plumbing inspection division: Inspector of plumbing, $2,000; prin
cipal assistant inspector of plumbing, $1,550; assistant inspectors of
F ebruary 17,
plumbing— 1 at $1,200. 4 at $1,000 each ; clerks— 1 at $1,200, 1 at $000;
temporary employment of additional assistant inspectors of plumbing
and laborers for sucli time as their services may be necessary, $2,400.
The amendment was agreed to.
The next amendment was, on page 4, line 4, after the words
“ In all,” to strike out “ $114,510 ” and insert “ $115,830,” so as
to make the clause read;
In all, $115,830.
The amendment was agreed to.
Mr. CURTIS. Mr. President, to save time, I ask unanimous
consent that when the bill is completed the Secretary may be
permitted to correct the totals.
The PRESIDENT pro tempore. Without objection, that order
will be made.
The reading o f the bill was resumed.
The next amendment of the Committee on Appropriations was,
on page 5, line 15, after the words “ assistant cashier,” to strike
out “ $1,400” and insert “ $1,500,” and in line 18, after the
words “ in ail,” to strike out “ $21,700” and insert “ $21,800,”
so as to make the clause read:
Collector's office: Collector, $4,000; deputy collector, $2,000; cashier,
$1,800; assistant cashier, $1,500; bookkeeper, $1,600; clerks— 3 at
$1,400 each. 1, $1,200, 1, $1,000, 3 at $900 each; clerk and bank mes
senger, $ 1 , 2 0 0 ; messenger, $600; in all, $21,800.
The amendment was agreed to.
'
The next amendment of the Committee on Appropriations
was, on page 5, line 23, after the words “ chief clerk,” to strike
out “ $2,250 ” and insert “ $2,500,” and on page 6, line 5, after
the words “ in all,” to strike out “ $43,656 ” and insert “ $43,906,”
so as to make tlie clause read:
Auditor's office: Auditor, $4,000; chief clerk, $2,500; bookkeeper
$1.800: accountant, $1,500; clerks— 3 at $1,600 each, 3 at $1,400 each’
1, 31,350. 4 at $1,200 each, 5 at $1,000 each, 1, $936, 2 at $900 each’
2 at $720 each; messenger, $600; disbursing officer, $3,000; deputy
disbursing officers, $1,600 ; clerks— 1 , $ 1 , 2 0 0 , 2 at $ 1 ,0 0 0 each, 1 , $900;
messenger, $480; in all, $43,906.
All-. CURTIS. Mr. President, I move that that amendment
bq/disagreed to.
/T h e amendment was rejected.
/ The reading of the bill was resumed.
The next amendment of the Committee on Appropriations was,
on page 6, line 6, after the words “ corporation counsel,” to in
sert “ to be appointed by the President, by and with the advice
and consent of the Senate,” so as to make the clause read:
Office of corporation counsel: Corporation counsel, to be appointed
by the President, by and with the advice and consent of the Senate,
$4,500 ; first assistant, $2,500 ; second assistant, $1,800; third assistant,
$1,600; fourth assistant, $1,500; fifth assistant, $1,500; stenographers,
one $1,200, one $840 ; clerk, $720 ; in all, $10,160.
Mr. SMITH, of Georgia. Mr. President, I move to amend that
amendment by adding, after the word “ President,” the words
“ o f the United States,” to distinguish it from the president of
the board of commissioners.
The amendment to the amendment was agreed to.
The amendment as amended was agreed to.
The reading o f the bill was resumed.
The next amendment of the Committee on Appropriations was,
on page 6, line 15, after the word “ janitor,” to strike out
“ $480 ” and insert “ $600 ” ; in line 16, after the word “ janitor,”
to strike out “ $360,” and insert “ $480,” and in the same line,
after the words “ ill all,” to strike out “ $3,360 ” and insert
“ $3,600,” so as to m|ke the clause read:
Coroner's office: Cortkier, $1,800; morgue master, $720; assistant
morgue master and janitor, $600; hostler and janitor, $480; in ail.
$3,600.
H
The amendment wad agreed to.
The next amendment,was, on page 7, after line 2, to insert;
For the erection of shelWu-s on the open space at the intersection of
Ohio and Louisiana Avenues with Tenth and Twelfth Streets, bounded by
Tenth and Twelfth and B
Little B Streets NW., known and desig
nated as the farmers’ produce market, and the necessary paving in con
nection therewith, $32,000; nnd the limitation of 10 cents per day for
each space at the above-mentioned market contained in the act of .Tune
27, 1906, is hereby revoked, 'find the Commissioners of tlie District of
Columbia are authorized to charge hereafter not to exceed 20 cents per
day for each space in accorfkrnce with the provisions of the afore
said act.
\
Mr. LODGE obtained the\floor.
Mr. SMITH of Georgia. I\desire to make the point of order
that this is legislation. If th\ Senator from Massachusetts----- Mr. LODGE. I thought I vV.s recognized. I did not mean to
interfere with the Senator's remarks.
Mr. SMITH of Georgia. I hope the Senator will proceed.
Mr. LODGE. Mr. President, i\ I understand the situation of
these proposed shelters, it is directly opposite the National
Museum.
\
Mr. SMITH of Georgia. That isYjust the point I was about
to make.
Mr. LODGE. That is a buildingNcontaining collections of
enormous value, It seems to me that Tact in itself is an objec-
1913.
COX GIlESSIOX A L EEOOED— SEX A TE.
3 2 6 :2
Tlie Senator from California [Mr. W o r k s ] and tlie Senator hydroelectric power. It is something that means millions upon
from Idaho [Mr. E o r a i i ] object to the bill because, as they millions of dollars to the people of this country. It seems to
clairn^ it is possible that the charge imposed may be put upon me that it would be wise to begin, if possible, and begin now,
the ultimate consumer. Mr. President, the situation is that the to put Congress in a position where, without any further delay,’
people who live within the circuit of this proposed development of we can act in a way that will not prevent longer (lie develop
power want cheap poWer; they want cheap heat and cheap light; ment of tlie natural resources of this country as exemplified
and it can not be contended that the development of 30,000 ad by the developed water power.
I wish to give notice that I shall offer (he amemluieut which
ditional horsepower within 20 miles of 250,000 people, close to
Hartford, can increase Hie present price of heat or power. If I have proposed in the nature of a substitute to tlie amend
ment offered by the Senator from Alabama [Mr. B a n k h e a d ],
it has any effect at all, it must render it cheaper.
The people of Connecticut do not care whether they buy If it is adopted, the Connecticut River Co. will test (lie right of
power of the United StatesNsovernment or of the State of Con tlie Federal Government to exact tlie proposed charge and tlie
necticut or of an individual.’ What they want is cheaper heat way will be cleared for future action.
Mr. CLAPP. Mr. President, I have no difficulty whatever
and light and power; and it urnst be clear that they have every
thing to gain and nothing to lose if the bill passes, no matter in reconciling my views to tlie proposition that Congress lias
whether the tax goes to the State of Connecticut in the first the power which is asserted in tl^s bill, but, as I propose to
instance and is expended upon tile highways or goes into the vote against tlie bill, I would wo/ want that vote hereafter to
Treasury of the United States and. is expended in improving be used as an argument against jfiy voting to sustain tlie power
/
navigation in the Connecticut River.' In no event can it result asserted in (lie bill.
I desire to say that in my Judgment section 5. without being
in anything but an improvement in present conditions there.
And so we come right back to the teal trouble. No matter so intended by (be author or the bill, puts it in tlie power of
from what angle we view this important 'Subject, we shall never the men who hold (bo charter under the bill, if it becomes a
be in a position where we can draw a bill that will get more law, either to force tlie touted States Government to take this
than 10 votes in this body until we know Whether the tax pro property or violate theypletlge contained iu tlie bill; and not
posed offends tlie Constitution or not. Congress can answer only that, but in that Jwent establishes a rule for determining
this question to-day, and it may find to-morrow that it has an tlie value of the property. which, of course. I could not assent to.
Therefore, unless election 5 bo amended so as to relieve tlie
swered it incorrectly.
,
I am a firm believer in State rights; but, Mn President, I Government of tlieXxissible burden the holders of (he charter
believe in a government by brains and not boundary lines. I might some day bfipo.se upon it, I shall vote against tlie bill,
do not believe that any citizen of the United Stitles should although I believy in tlie fundamental principles of the measure.
Mr. NELSONY Mr. President, tlie amendment pending is (he
.suffer an irreparable financial loss on account of the fa ct that
Mr. B a n k h e a d ] to strike
be is also a citizen of a State, and I do not believe that a citi motion of tlie Senator from Alabama |
zen of a State should suffer irreparable loss on account\>f the out all after / l i e IS in section 1 of (lie bill. The amendment
offered by the Senator from Connecticut [Mr. M cL e a n ] is no
fact that he is also a citizen of the United States.
I think it will be utterly impossible for us to get an intelli substitute fibr tftut, because if that is stricken out tlie amend
gent and effective solution of this problem until a case is pre ment of the Senator from Connecticut is of no value. It seems
sented to the Supreme Court which involves the critical issue to me wo^>light to vote upon that question first.
Mr. McLEAN. On which question, may I ask (he Senator?
Which has been discussed here for more than a week. I believe
Mr. NELSON. On the motion of the Senator from Alabama
that every Member of this body would vote for this bill but for
the unfortunate precedent that they feel would be established. to stride out.
Mat McLEAN. That, of course, entirely negatives tlie value
I do not think that the other objections to tlie bill which have
been raised would be considered important factors enough to of Jly amendment. If it is in order, Mr. President, I offer my
prevent the passage of the bill, but for the fear that it will ainieiidmeiit as an amendment to the amendment offered by the
operate as a precedent which Congress will be under obligation S/natdfc from Alabama [Mr. B a n k h e a d ],
/ Mr. BANKHEAD. Mr. President, I beg to suggest to (lie
to follow in some other State.
Air. President, if we attach a protest to this bill, such as is /Senator $rom Connecticut that while I am not very sure that we
embodied in my amendment, a declaration that our purpose iiy have a written rule on the subject tlie practice lias been uni
approving the bill is not to establish a precedent that is to by1 form. as fait as I remember, that a committee may perfect ils
’
followed in other Slates, but precisely the contrary, a declara bill by amendments before other amendments are properly in
tion that we will pass this bill because we want to know wWat order. Am l\orrect about that?
The PRESIDENT pro tempore. That is tlie usual custom, (lie
can be done by Congress without offending the Constitution, I
can not conceive of any avenue that will lead to a final settle Chair will suggest, if amendments are to be offered looking to
ment of this question except the one that is pointed out/to us perfecting (lie original bill.
Mr. BRANDEGHE. But can not-a Senator offer an amend
by the only authority which can tell us what the Constitution
ment (o perfect a committee amendment?
means, namely, the Supreme Court.
/
The PRESIDENT pro tempore. Beyond a doubt.
There is another Senator who wishes to discuss this/piestion,
Mr. BRANDEGEE. Vls a substitute?
and while I might add many reasons to those already stated— —
The PRESIDENT pro\tempore. Beyond a doubt.
\ Mr. CLAPP. I would desire a moment before 4/ o’clock, if
Mr. BANKHEAD. Thdu does (lie Chair hold that (he amend
Hie Senator could accommodate bimself to my desiye.
' Mr. McLEAN. I only desire to make my point clear. I ment offered by the Senator from Connecticut is to be voted
think in the future precisely the same political conditions will upon before the amendment which the committee offered to
arise that are here to-day. We shall have the same shades of strike out the proviso?
The PRESIDENT pro lempdve. The Chair would hold that,
opinion, if we consign this bill to the grave, /coming up next
year and tlie year after—one Senator in favor .o f a general if (lie Senator from Connecticut offers his amendment, as lie
Proposition because it goes a certain distance in one direction; states lie does, as a substitute fou the amendment submitted by
bis colleague opposed to it for that very reason; another Sen the Senator from Alabama, it is iinorder. The question will be
ator opposed to certain provisions because they go too far in then upon the amendment submitlenjiy (he Senator from Con
another direction—and so between these extremes of opinion you necticut to the amendment submitted by the Senator from
\
"Ml have as many shades as there are men debating the ques Alabama.
Mr. McLEAN. On that question I aslcVor tlie yeas and nays.
tion, just as you have them to-dav and bave had them here for
Mr. OLIVER. Let it be read.
\
a week.
Mr. BORAIL I ask that (lie amendment be again read.
1 The precedents we can establish to-day are two. We can
The PRESIDENT pro tempore. It will be\gain read.
Pass tlie bill, relying upon tlie fact that 100,000,000 sovereign
The Secretary. Add at the end of section \ the following
People will be able later on to remove the obligations in this bill
\
they think it is unjust; and we can start the machinery to- additional proviso:
A d p o v id e d fu th e r ,
refuse to
bay, and the only m achineryfhat can be started, which will pav nanv rcharge or rreturnThat if said company shall neglect or Secretary
demanded of said corporation bv (he
Out us iu a position where we can solve this problem later o n ; o f - War either by order or under any contract, and such neglect or
and it is a very important question. We can not tell without refusal i»s based on the ground that said charge or return is invalid or
not within
power of <1
ongress to require, such
experience how it will or can be solved intelligently and eco unconstitutional and the part of the company shall not affect die rights
neglect or refusal on
the
nomically, and we can not tell without tlie opinion of tlie of said company to hold and exercise all (lie powers, rights, and
Supreme Court what lines we can take or can not take under privileges granted in this act and iu any suit brought against said cor
poration for the collection of said charge or return, the said corpora
‘ be Constitution.
tion shall have tlie right to enter its proper plea to test the constitu
A e know that we have hardly ascended the foothills of the tionality or validity of said charge or return aud the courts shall take
cognizance of the same; and nothing in this section shall be understood
Umges that lie above and beyond us in the improvement of
CONGRESSIONAL RECORD— SENATE.
F huk'uaky 17 .
as committing the Government to a policy of imposing or not imposing
such charges or returns as nfe herein described from any other com
pany or corporation seeking the assent of Congress under like or
similar circumstances.
Mr. DILLINGHAM (when his name was called). In the
absence of the senior Senator from South Carolina [Mr. T ill
man ], with whom I have a general pair, I withhold my vote.
The roll call was concluded.
The PRESIDENT pro tempore. The Chair will suggest that
Mr. MARTINE of New Jersey. I am authorized to announce
manifestly this is not an amendment to the amendment offered
by the Senator from Alabama. It deals with an entirely dif the pair of the senior Senator from New Jersey [Mr. B riggs ]
with the Senator from West. Virginia [Mr. W a t s o n ].
ferent section.
Mr. SMITH of Michigan (after having voted in the nega
Mr. BRANDEGEE. With tlie same section, of course.
Mr. MCLEAN. It is precisely tlie same section. I propose to tive). I observe that the junior Senatorfram Missouri [Mr.
R eed] has- not voted. In view of the pair I have with him. and
add tlie additional proviso at the ^nd o f section 1.
not knowing how he would vote if present, I witlidhnv my vote.
Mr. SHIVELY. It comes at /h e end of the amendment.
The result was announced—yeas 53, nays 29, as folipws :
The PRESIDENT pro tempore. The Chair is clearly of the
opinion that tt is not an amendment to the amendment offered
YEAS— 53.
by the Senator from Alabama [Mr. B a n k h e a d ] ; and the ques Ashurst
Curtis
Stephenson
.Martin, Va.
Bacon
Fall
Mvers
Stone
tion will be firsts, .upon tln amendment o f the Senator from
fe
Bankhead
Fletcher
Nelson
Sutherland
Alabama.
\
/
/
Borah
Foster
O'Gorman
Swanson
Mr. BURTON. Mr. P/esident, is not that a proper amend Bourne
Gamble
Thomas
Oliver
Bradley
ment to add at the end M section 1? It explains and modifies
Gardner
Overman
’Thornton
Gronna
Paynter
Warren
a portion of the bill a / the end of that section. Is it not in Brady
Bryan
Guggenheim
Webb
Percv
order to present that in the first instance?
Catron
Johnson. .M
e.
Sheppard
We (more
Mr. BRANDEGEE/ I want to make one suggestion in that Chamberlain
Johnston, Ala.
Shively
Williams
Jones
Simmons
Works
connection. I think, if that amendment is added at the end of Clark. Wvo.
Clarke, Ark.
Kern
Smith. Ariz.
section 1, it being in the nature of a substitute for the amend Culberson
Lea
Smith, Aid.
ment of the Senator front Alabama, it is equivalent to voting Cummins
McCumber
Smith, S. C.
down the amendment of the Senator from Alabama, leaving
NAYS— 29.
section 1 as it would be with this amendment adopted. In that Brandegee
Poindexter
Dixon
Lodge
view of it. I thought it was in order as an amendment.
Pomerene
Bristow
du Pont
AIcLean
Richardson
Galliuger
Martino. N. .T
.
The PRESIDENT pro tempore. The Chair is clearly of the Brown
Root
Burnham
Gore
Newlands
opinion that if is not an amendment to the pending amendment. Burton
Townsend
Jackson
Owen
The question is upon the amendment of the Senator from Ala Clapp
Kenyon
Page
Crane
La Follette
Penrose
bama.
Crawford
Lippitt
Perkins
Mr. BRANDEGEE. I rise to a parliamentary inquiry.
NOT VOTING— 13.
The PRESIDENT pro tempore. The Senator will state it.
Hitchcock
Smith. Ga.
Watson
Mr. BliANDEGEE. 1 want to ask the Senator from Alabama Briggs
Chilton
Kavanaugh
Smith. Mich.
if it is not necessary to make a change in that part of his pro Cullom
Massey
Smoot
posed amendment which reads “ amend by striking out of sec Dillingham
Iteed
Tillman
tion 1, beginning after the word ‘ act,’ in line 15, page 2 ” ?
So Mr. B ankhead’ s amendment was agreed to.
The PRESIDENT pro tempore. That modification of the
Mr. BORAII. I offer the amendment which I proposed a
amendment has already been made.
few days ago as a new section to the bill.
Mr. BliANDEGEE. Then, should it not propose to amend
The PRESIDENT pro tempore. The amendment proposed by
by changing the language so as to make it read “ amend by
striking out of section 1, beginning after the word ‘ otherwise,’ the Senator from Idaho will he slated.
The S ecretary . It is proposed to add at the end of the bill,
in line 18, on page 2 ” ?
The PRESIDENT pro tempore. That is precisely the form as section (j, the following:
That the provisions of the act entitled “An act to regulate com
in wliirh the amendment is, Ihe Chair would suggest. The
merce,” passed and approved on the
of
question is on the amendment submitted by the Senator from with the amendments thereto, shall4th day to February, 3887, together
apply
any corporation or any
Alabama.
person or persons engaged in transmitting hydroelectric power or elec
Mr. NEWLANDS. Mr. President, I should like to have the tricity from one State, Territory, or District of the United States to
any State. Territory, or District of the United States, or from one place
amendment stated.
in a Territory to
same Territory or to any foreign
The PRESIDENT pro tempore. The amendment will he stated. country, and that another place in the carrier ” as used in said act and
the term “ common
The S ecretary . It is proposed to amend by striking out of the amendments thereto shall include companies engaged in trans
mitting
or
e d , That
section L beginning after the word “ otherwise,” in line 18, on said act hydroelectric power the electricity as aforesaid : P r o v i dpower or
shall not apply to
transmission of hydroelectric
page 2, the following:
electricity wholly within one State and not transmitted to or from a
foreign country, from or to any State or Territory as aforesaid ; that
A n d p r o v i d e d f u r t h e r . That the Secretary of War, as a part of the
conditions and stipulations referred to in said act, may, in his dis the rules prescribed in said act as to just and reasonable charges or
cretion, impose a reasonable annual charge or return, to be paid by the rates and the procedure relative to other common carriers, in so far
said corporation or its assigns to the United States, the proceeds as applicable, shall apply to such company, person, or persons trans
thereof to be used for the development of navigation on the Connecticut mitting hydroelectric power or electricity as aforesaid, and to the fix
Itiver and the waters connected therewith. In fixing such charge, if ing and establishing of just and reasonable charges or rates fully and
any. the Secretary of War shall take into consideration the existing j completely.
rights and property of said corporation and the amounts spent and
The PRESIDENT pro tempore. The question is on the
required to lie spent by it in improving (lie navigation of said river, and j
no charge shall lie imposed which shall he such as to deprive the said amendment proposed by the Senator from Idaho.
corporation of a reasonable return on the fair value of such dam and I
Mr. BORAH. I call for the yeas and nays, Air. President.
appurtenant works and property, allowing for the cost of construction,
The yeas and nays were ordered, and the Secretary proceeded
maintenance and renewal, and for depreciation charges.
J
The PRESIDENT pro tempore. The question is on the amend to call the roll.
Mr. CULLOM (when his name was called). I have a general
ment.
Mr. BANKHEAD. I ask for the yeas and nays. Mr. President. pair with the junior Senator from West Virginia [Mr. Chilton]
and therefore withhold my vote.
Mr. McLEAN. A parliamentary inquiry, Mr. President.
Mr. DILLINGHAM (when his name was called). I have
The PRESIDENT pro tempore. The Senator from Connecti
cut will state it.
already announced my pair with the senior Senator from South
Mr. McLEAN. I understand that if the amendment offered Carolina [Mr. T il l m a n ], who is absent. For that reason I
by the Senator from Alabama is adopted, the amendment which withhold my vote. I desire that this announcement shall stand
I offered will never be in a position to take the place of the on all the votes on the bill, unless the Senator from South
amendment offered by the Senator from Alabama. In other Carolina returns.
words, if that amendment is adopted, the Senate will not have
The roll call was concluded.
the opportunity to vote for my amendment as a substitute.
Air. CLXLOAI. As there is apparently a unanimous vote in
The PRESIDENT pro tempore. The Senator from Connecti favor of this amendment, I will take the liberty of voting, not
cut can afterwards offer his amendment in any form that he withstanding my pair with the Senator from West Virginia
may see fit to submit it. The question is on the amendment [Mr. C h il t o n ], I vote “yea.”
proposed by the Senator from Alabama [Mr. B a n k iie a d ], on
The result was announced—yeas 82, nays 1, as follows:
which he has demanded the yeas and nays.
YEAS— 82.
The yeas and nays were ordered, and the Secretary proceeded Ashurst
Burton
Brady
Crane
to call the roll.
Bacon
Brandegee
Catron
Crawford
Bristow
Chamberlain
Mr. CULLOM (when his name was called). I have a general Bankhead
Culberson
Borah
Brown
Clapp
Cullom
pair with the junior Senator from West Virginia [Air. C h il t o n ], | Bourne
Bryan
Clark, Wyo.
Cummins
Not knowing how he would vote if present, I withhold my vote. 1 Bradley
Burnham
Clarke, Ala.
Curtis
1913.
Bison
du Pont
CONGRESSIONAL RECORD— SENATE.
Overman
Kenyon
Page
Kern
Penrose
La Follette
Perkins
Lea
Foster
Poindexter
Lippitt
Ballinger
Pomerene
Lodge
Camille
Richardson
McCumber
Gardner
Root
McLean
Gore
Sheppard
Martin, Va.
Gronna
Shively
Martine, N. J.
Guggenheim
Simmons
Myers
Jackson
Smith, Ariz.
Nelson
Johnson, Me
Smith, Ga.
New lands
Johnston, Ala.
Smith, Md.
O’Gorman
Jones
Smith, Mich.
Oliver
NAYS— 1.
Paynter
NOT VOTING— 12
Briggs
Hitchcock
Owen
Chilton
Kavanaugh
Percy
Bilingham
Massey
Reed
So Mr. B orah' s amendment was agreed to.
Vail y
Vlvrrlu-v
Smith. S. C,
Smoot
Stephenson
Sutherland
Swanson
Thomas \
Thornton \
Townsend ,
Warren
Webb
Wetmore
The Secretary read as follows:
\
Williams
Works
Stone
Tillman
" atson
3*2(57
/
/
/
/
Mr. PAYNTER subsequently said: Mr. President, I desire to
make a statement in view of the fact that I have voted fqt the
hill and it contains the amendment adopted on motion <5f the
Senator from Idaho [Mr. Borah]. I voted against that amend
ment, not fully understanding its purport. After hating read
tirs.amendment and understanding it, I want to say 1 most
heartily concur in the principle expressed by it. and had I un
derstood the ..amendment as it really is I should have voted for
it and not againST Itv I thought it was subject to the same ob
jection as was the provision stricken out by the amendment
ottered by the Senator from Alabama [Mr. B a n k h e a d ], but
after reading the amendment I realized that it was not an
effort to invade by the Federal Government what I believe to
he the province of the States. If I were permitted to do so, I
Would change my vote upon that amendment, and if it can be
done by unanimous consent I would be glad to be recorded as
having voted for the amendment.
Mr. JONES. I offer the amendment which I send to the desk.
The PRESIDENT pro tempore. The amendment will be
stated.
The S ecretary . After the word “ otherwise,” in line IS, page
2, it is proposed to insert the following proviso:
Sue. 5. That upon the termination for any cause whatever of the
authority, rights, and privileges granted hereby, or any renewal thereof,
the United States may renew the same or the grant may lie made or
transferred to other parties. Unless the grant is renewed to the origi
nal grantee or its assigns, as herein provided, the United States shall
pay or require its new grantee to pay to said original grantees or its
assigns, as full compensation, the reasonable value of the improvements
and appurtenant works constructed under the authority of this act and
of the property belonging to said corporation necessary for the develop
ment hereby authorized, exclusive of the value of the authority hereby
granted. Said improvements and appurtenant works and property shall
include the lands and riparian rights acquired for the purposes of such
development, the dam and oilier structures, and also the equipment
useful and convenient for the generation of hydroelectric power or
hydromechanical power, and the transmission system from generation
plant to initial points of distribution, but shall not include any other
property whatsoever. Such reasonable value shall he determined by
mutual agreement between the Secretary of War and the owners, and,
in ease they can not agree, then by proceedings Instituted in the United
States district court for the condemnation of such properties. The basis
for determining the value shall he the cost of replacing the structures
necessary for the development and transmission of hydroelectric power
by other structures capable of developing and transmitting the same
amount of markotalUe power with equal efficiency, allowance being made
for deterioration, if any, of the existing structures in estimating such
efficiency, together with the fair value of other properties herein defined,
to which not more than 10 per cent may be added to compensate for
the expenditure of initial cost and experimentation charges and other
proper expenditures in the cost of the plant which may not he repre
sented in the replacement valuation herein provided.
The PRESIDENT pro tempore. The question is on agree
ing to the amendment offered by tlie Senator from Iowa. [Put
ting the question.] By the sound the noes appear to have it.
Mr. CUMMINS. I ask for the yeas and nays.
The yeas and nays were ordered, and the Secretary proceeded
to call the roll.
Mr. CULLOM (when his name was called). I have a general
pair with (he junior Senator from West Virginia [Mr. C iixl ton ],
and therefore withhold my vote.
Mr. SMITH of Michigan. I again nmiaupce my pair with the
Senator from Missouri [Mr. R eed ]. If lie-^ ere present, I
should vote “ nay.”
Mr. STONE (when his name was called). I aoteX*yea.” I
desire to announce that my colleague [Mr. R eed] is detained at
home by the serious illness of his wife and by importnuKjmsiness.
The roll call was concluded, aiul the result was annouuci
P r o v i d e d f u r t h e r , That if at any time said Connecticut River Co., or
Its assigns, or Its property shall be owned or controlled by any device, yeas 55, nays 27, as follows:
permanently, temporarily, directly, indirectly, tacitly, or in any man
ner whatsoever, so that it shall form a part of, or'in any way effect
any combination, or be in anywise controlled by any combination in
the form of an unlawful trust, or enter into any contract or conspiracy
m restraint of trade in the production, development, generation, trans
mission, or sale of any power or electrical energy, then the permit
heroin granted shall be forfeited and canceled by the Secretary of War
through ^appropriate proceedings instituted for that purpose in the
courts of the United States.
Mr. JONES. I ask for the yeas and nays on that amend
ment.
The PRESIDENT pro tempore. The question is on the
hiuendment submitted by the Senator from Washington, on
which he demands the yeas and nays. Is there a second?
I After a pause.] In the opinion of the Chair, not a sufficient
number have seconded the demand.
Mr. JONES. I should like to have the other side of that. I
think there were several Senators whom the Chair did not see
who seconded the demand.
The PRESIDENT pro tempore. There were not a sufficient
number. The question is on agreeing to the amendment.
'I'lie amendment was agreed to.
Mr. POINDEXTER. I offer (he amendment which I send to
II io desk.
The PRESIDENT pro tempore. The junior Senator from
Washington offers an amendment, which will be stated.
The S ecretary. At the end of the amendment just agreed to
is proposed to add the following:
Naid Connecticut River Co., its successors and assigns in the owner
ship of the water-power plant to be developed by and in connection
yith the dam referred to herein, shall pay to the Secretary of War 1
Per cent of the net prolits derived from the operation of said plant.
J he Secretary of War shall have authority to collect said charge and
shall pay one-lialf of all sums so collected into the Treasury of the
United Slates, and one-half thereof into the treasury of the S tateo f
Connecticut: and the Secretary of War shall have authority to examine
•he books of said company, its successors and assigns, for the purpose
°i ascertaining the profits thereof.
The PRESIDENT pro tempore. The question is on agreeing
1° tlie amendment offered by the junior Senator from Wash
ington.
The amendment was rejected.
Mr. CUMMINS. Mr. President, I move to amend the bill by
striking out section 5.
The PRESIDENT pro tempore. The Senator from Iowa
moves to amend the bill by striking out section 5, which will be
read.
Ashurst
Bacon
Bankhead
Borali
Bourne
Bradley
Brady
Bristow
Brown
Bryan
Catron
Chamberlain
Clapp
Clarke, Ark.
Brandegee
Burnham
Burton
Clark. Wyo.
Crane
Dillingham
du Pont
Briggs
Chilton
Cullom
Foster
Y E A S - -55.
Kern
Crawford
Culberson
La Follette
Cummins
Lea
McCumber
Curtis
Dixon
Martin, Va.
Fall
Myers
Fletcher
O’Gorman
Overman
Gamble
Gardner
Paynter
Gronna
Percy
Perkins
Johnson. Me.
Johnston, Ala.
Poindexter
Pomerene
.Tones
Kenyon
Sheppard
NAYS— 27.
Nelson
Gallinger
Oliver
Guggenheim
Owen
Jackson
Page
Lippitt
Penrose
Lodge
Richardson
McLean
Root
Martine. X. .T
.
NOT VOTING— 13.
Newlands
Gore
Reed
Hitchcock
Smith, Ga.
Kavanaugh
Smith, Mich.
Massey
Shively
Simmons.
Smith, Ariz.
Smith, Md.
Smith, S. C.
Stone
Sutherland
Swanson
Thomas
Thornton
Tillman
Williams
Works
Smoot
Stephenson
Townsend
Warren
Webb
Wetmore
Watson
y
/
So the amendm ent o f Mr. C u m m in s w as a g r e e d ^
The bill was reported to the Senate as ajpt'nded, and the
amendments were concurred in.
The hill was ordered to be epgrqssadrfSr a third reading, and
was read the third time.
The PRESIDENT pro tempore. The bill having been read
three times, the question is, Shall it pass?
Mr. ROOT. On that I ask for the yeas and nays.
The yeas and nays were ordered, and the Secretary proceeded
to call the roll.
Mr. CULLOM (when his name was called). I again announce
mv pair with the junior Senator from West Virginia [Mr. C h il
to n ].
If he were present, I should vote “ yea.”
The roll call having been concluded, the result was announced—yeas 74, nays 12, as follows:
Ashurst
Bacon
Bankhead
Borah
Bourne
Bradley
Brady
Brandegee
Brown.
Bryan
YEAS— 74.
Burnham
Catron
Chamberlain
Clark, Wyo.
Clarke, Ark.
Crane
Cummins
Curtis
Dillingham
Dixon
Fail
Fletcher
Foster
Oallinger
Gamble
Gardner
Gore
Gronna
Guggenheim
Jackson
Johnson, Mo.
Johnston, Ala.
Jones
Kenyon
I'ristow
Burton
Clapp
Briggs
('hilton
Culberson
F ebruary 17,
CONGRESSIONAL RECORD— SENATE
3268
Kern
Lea
Lippitt
Lodge
McCumber
McLean
Martin, A'a.
Martine, N. J.
Myers
Nelson
O'Gorman
Oliver
Overman
Owen
Page
Payntcr
Penrose
Percy
Perkins
Pomerene
Richardson
Sheppard
Shively
Simmons
Smith, Ariz.
Smith, Ga.
Smith, Aid.
Smith, Mich.
NAYS— 12.
Newlands
Poindexter
Root
N O T VOTING— 9.
Kavanaugli
Cuilom
Massey
Hitchcock
Crawford
du Pont
La Follette
Smith, S. C.
Smoot
Stephenson
Stone
Sutherland
Swanson
Thornton
Tillman
Warren
Wetmore
Williams
Works
Thomas
Townsend
Webb
Reed
Watson
So the liill was passed.
MEMORIAL ADDRESSES ON I.ATK REPRESENTATIVES 1'KOM PENNSYL
VANIA.
jfr. OLIVER. Mr. President, on the Ttli of this month I gave
not ice that on March 1 I should ask the Senate to consider reso
lutions commemorative of the life, character, and public services
of Hon. H en ry H. B in g h a m , Hon. G eorge AY. K ipp , and Hon.
J o h n G. M cH e n r y , late Members of the House of Representa
tives from the State of Pennsylvania. I wish to withdraw that
notice and to give notice that I shall ask the Senate to consider
such resolutions on Thursday, February 27, at such hour as may
be convenient for the calling up of the same.
IMMIGRATION OF ALIENS— VETO MESSAGE.
Mr LODGE. Mr. President. I move that the Senate proceed
to reconsider the bill (S. 3175) to regulate the immigration of
aliens to and the residence of aliens in the United States, which
was returned by the President with his objections; and on that
motion I ask for the yeas and nays.
The yeas and nays were ordered.
Mr. STONE. Mr. President, I wish to inquire just what the
effect of the motion would be. If the motion were agreed to,
would its effect be to reconsider the action of the Senate, or
would it be a vote upon whether the Senate agrees or disagrees
to the proposition of passing the bill notwithstanding the objec
tions of the President?
The PRESIDENT pro tempore. As the Chair understands
the motion, it is simply to proceed to the consideration of the
bill.
Mr. LODGE. The motion that I made is in the language of
the Constitution, that the House in which the bill originated
shall proceed to reconsider the bill which the President returns
without his approval. The motion Ihe Senator from Missouri
suggests will apply when the vote is taken on llie question of
passing the bill over the veto or sustaining the veto.
Mr. STONE. In other words, if the motion to reconsider
should be agreed to, what then would be the status of the
matter?
Mr. LODGE. That would bring before the Senate the ques
tion as to whether we should support the veto or overrule it.
Mr. STONE. Suppose the motion to reconsider should be dis
agreed to?
Mr. LODGE. That would end it, najtr.rally.
Air. STONE. In that event would the bill be passed, notwith
standing the objections of the President?
Air. LODGE. No; this simply brings the matter before the
Senate. If my motion is disagreed to, that shows that the Sen
ate declines to reconsider it, and is equivalent to sustaining the
veto.
The PRESIDENT pro tempore. The Chair will suggest that,
in the opinion of the Chair, the motion should be tc take the bill
and message from the table for consideration', and that then the
constitutional question should be propounded.
Mr. LODGE. Certainly.
Air. BACON. Air. President, I may be in error, but I think the
language of the Constitution, when it says that the House in which
the bill originated shall proceed to reconsider it. means that
it shall proceed to consider it again, and not that there shall be
a reconsideration for the purpose of reversal.
Air. LODGE. Undoubtedly.
Air. BACON. And the proper question is whether or not the
bill shall pass, the veto notwithstanding.
Air. LODGE. The bill and the veto message are not before
the Senate. The motion is to proceed to the consideration of
the bill.
The PRESIDENT pro tempore. The yeas and nays have
been ordered on the motion of the Senator from Alassac-husetts
Secretary will
to take the bill and message from the table,
call the roll.
The question having been taken by yeas and nay resulted—■
yeas 75, nays 0 as follows:
Ashhurst
Baton
Bankhead
Borah
Bourne
Bradley
Brady
Brandegee
Bristow
Brown
Burnham
Burton
Catron
Chamberlain
Clark, Wyo.
Clarke, Ark.
Crane
Crawford
Culberson
Clapp
Gronna
Martine, N. J.
Briggs
Bryan
Chilton
YEAS— 73.
La Follette
Cummins
Lea
Curtis
Lippitt
Dillingham
Lodge
Dixon
McG umber
du Pont
McLean
Fall
Alartin, Ya.
Fletcher
Foster
Myers
Nelson
Gallinger
Gamble
Oliver
Overman
Gardner
Gore
Owen
Guggenheim
Page
Jackson
Penrose
Johnson, Are.
Percy
Johnston, Ala.
Perkins
Poindexter
Jones
Kenyon
Pomerene
Kern
Richardson
O'Gorman
Paynter
NAYS— 9.
Shively
Smith,’ Mich.
NOT YOTING— 11.
Cuilom
Alassey
Hitchcock
Newlands
Kavanaugh
Reed
Loot
Sheppard)
S im m o n s
Smith, Arfo.
S m ith , (la .
Smith, S. C
\
Smoot
Sutherland
Swanson
Thomas
Thornton
Tillman
Townsend
Warren
Webb
Wetmors
W illia m s
Works
Stephenson
Stone
Smith, Aid.
Watson
So Air. L odge’s motion was agreed to.
The PRESIDENT pro tempore. The bill is before the Sen
ate. The question is, Shall the bill pass, the objections of the
President of the United States to the contrary notwithstanding?
Air. LODGE. Air. President, I do not desire to delay for a
moment the vote on this bill. The bill was fully discussed in
every stage, and came back twice from Conference. The Presi
dent has rested his objections on ilie single point of the literacy
test, and has referred us to the accompanying letter of the
Secretary of Commerce and Labor for his reasons. There are
no reasons offered in that letter which have not been considered
constantly during the last 20 years the question has been before
Congress, and it seems to me there is no reason why we should
not immediately dispose of the question stated by the Chair.
I do not myself wish to discuss the matter at all. 1 hope the
Senate is ready to vote.
Air. MARTINE of New Jersey. Air. President, apropos of the
remarks of the Senator from Massachusetts [Air. L odge], J de
sire to send to the desk a telegram which I have received with
reference to this subject, and I ask that it be read.
The PRESIDENT pro tempore. AVithout objection, the tele
gram will be read.
The Secretary read as follows:
N e w Y o r k , F e b r u a r y 1C, 1913.
l io n . .Ta m e s E . AIa r t i x e ,
U n ite d ' S ta te s
S en a te ,
W a sh in g to n ,
D.
C .:
The Hebrew Sheltering and Immigrant Aid Society, composed of
American citizens in all parts of the country, respectfully pray that you
exercise your functions as a representative of the people in Congress
and refuse to pass the immigration bill, S. 3175, over the veto of Ilis
Excellency William Taft, President of the United States. This bill
contains uncalled-for drastic provisions which are bound to exclude from
our shores decent law-abiding men and women for no good reason. No
matter what the motives of the authors, this bill is based upon false
notions. We are convinced as an organization that has worked among
immigrants for a quarter century and is coming in daily contact with
every strata of immigration that our immigrants in this country have
made good. In their loyalty to the United States they rank next to
none. In their patriotism and devotion to the principles of liberty
they occupy the same place as any patriotic native American. They
appreciate our glorious institutions more than a great many Americans
who can trace their ancestry back for several generations. They have
not given cause for the Congress of the United States to legislate for
the exclusion from our shores of their kind. We are satisfied ihat. the
calm judgment of the American people is not in favor of the further
restriction of immigration. Our laws provide sufficiently against the
incoming of the mentally and physically unsound, and these laws are
rigidly enforced by the United States Government. Our country is
large enough, and there are enormous stretches of land lying bare and
awaiting the human hand and brain to develop them. We pray tnat
you do not permit the spirit of “ narrow nativism ” to override the just
veto of the Chief Executive of this Nation.
Respectfully,
L eon Sanders,
J acob
P re sid e n t,
M assed, S e c r e ta r y .
Air. AIARTINE of New Jersey. Air. President, when this
measure was before this body last year I expressed myself in
most positive terms and with all the earnestness of my nature
as being unequivocally opposed to it, and I am now gratified
to see that the President of the United States has seen fit to
send his veto to this body. As a self-respecting citizen and as
an American I could not vote at this crisis to override the
President’s veto of this measure. As a principle I am op
posed to it.
I insist that the literacy test has accomplished nothing of
good and that it can accomplish nothing of good in the matter
1913.
I [
k
CONGEESSIONAL liECOIU )—SEXA TE.
iip§.
3269
of immigration to this country. It will be subversive of the riding the President's veto. I should like to have the telegram
whole policy and system of immigration in this land.
read and the names appended thereto, representing many thou
The best that has been accomplished in this great land for sands of the most respected citizens of Grand Rapids* Mich.,
ils development has come from men from the other side who printed i n the R e c o r d without reading.
were not asked the question : “ Can you read or can you write? ”
The PRESIDENT pro tempore. Without objection, the tele
And when the Nation's life was in crisis and struggle, and you gram will be read.
osked him to shoulder his musket and fix his bayonet for a
T h e te le g r a m w a s re a d , a n d th e n a m e s a p p e n d e d t h e r e to w e r e
charge you never questioned as to whether he could read or o r d e r e d t o b e p r i n t e d in t h e R e c o r d , a s f o l l o w s :
write, hut you garnered him in and bade him go on and defend
Grand Radius, M ich ., F e b r u a r y 1 6 , l o t s .
Hon. W.u. A ldex S mith ,
your Constitution and your flag.
S en a te , W a s h in g to n , D . C .:
I say, Mr. President, that during the whole history of this
Justice demands that you vote to uphold President Taft's veto of (lie
country of the men who have carved out their fortunes and
Dillingham-Burnett immigration
The bill is so unjust that we are
have made our country great, a great many, and those of their forced to request you to stand bill. our President, who considers that
by
progeny who came after them, were utterly unable to write. good clean men and women may come1 into our great country without
having to
know that in some countries
1 know within my own knowledge of men who can neither people _arestand a literacy test. toWe allhave the opportunity to get the
so unfortunate as
not
an
read nor write who have accumulated wealth in this land, and education ; we have had a great many come here that could not read
nor write and they have made some of our best citizens and their chil
have made most respected and honored citizens.
learned good men and
1 believe the passage of this measure can result in no good, dren very request your assistance, women. We tlie undersignedofmost
earnestly
and have signed on behalf
our
it has accomplished nothing where it has been tried, and it can respective societies and as individuals.
Committee in charge from rolisli National Benevolent
accomplish nothing to-day.
Society: Polish American Industrial Society; Polish
Tiie argument, I know, will be advanced. “ Oh, we have a
Progressive Benevolent Society and Knights of John
different class to-day from what we had 40 or 50 years ago.”
Soldeske and Society, Michael Buzalski. president, Y.
„
Stanley .Tacowski, secretary; Rev. E. P. Krakowski,
ves; different somewhat, but in the main it is the same. Ear
pastor of the Polish Sacred Heart congregation; Rev.
nest, honest men. endowed with God's good health, have come
Joseph Pictrasik, pastor of St. Isidore's congregation ;
Rev. C. Skory, pastor of St. Adalberts Church ; Polish
here to seek a refuge and to carve out for themselves a for
National Benevolent Society (a corporation), Michael
tune and to aid us in developing this great country.
Buzalski, president; Polish American Industrial Society
It is said that the Italians are dangerous people in this land.
(a corporation), F. Ccntilli. president; Grand Rapids
central committee, representing six local branches of
I insist there are good Italians, and as a race they are an in
the Polish National Alliance of the United States, Julian
dustrious race. I defy the gentlemen advocating this measure
Malsizewski, president; Polish Progressive Benevolent
t(> find an Italian beggar in the streets of your city or any
Society, Valentine J. Banaszak, president; Red Hussars’
Benevolent Society, Adam Walchewski, president;
other city. An Italian beggar is unknown. They are indus
.
Sacred Heart Society of Sacred Heart Parish, Jan Radtrious and frugal to a degree that is unparalleled.
lieki, president; Pulaski Guard Benevolent Protective
If literacy must be the gauge, I insist, Mr. President, that the
Association. .Jan Jochim, president; Sacred Heart
.Society of St. Isadore Sacred Parish, Frank Michalski,
most dangerous alien who can come to the shores of this fair
president; St. Isadore’s Benevolent Society, Anthony
land is tlie intellectual and intelligent villain, the intellectual
Sakowiski. president; St. Hedwig Benevolent Society,
and conniving scoundrel. I have no fear of the man who may
B. V . Czubinski, president; Knights of St. Casimir, A.
Panfil, president; St. Casimir Benevolent Society, Frank
Pot be able to read or write or translate in comparison with the
Andrysfak, president; St. Adalberts Sons Aid Society,
man who is able in letters and at translation, if you choose, and
Jan Kosowiski, president; St. Hyacinth Aid Society,
in reading or writing. In comparison, I think, they have been
Aug Michalski, president: St. Stanislaus Aid Society,
Casimir Talalay, president.
plotting villains and have brought disaster not only to our own
country but almost every other land to which they may have
Mr. O'GORMAN. Mr. President, I ask that tlie Secretary
had access.
read the message of the President, together with the commnniMr. President, I recall very well having drunk in a good deal j cation from the Department of Commerce and Labor, in relation
of inspiration from the words o f a distinguished Senator in to the pending bill.
this body when, on April 7, 1908, lie declared in these words:
The PRESIDENT pro tempore. Without objection, the Sec
Within the last 20 years, however, there has been a great change—
retary will read as requested.
Mr. STONE. Mr. President, I would most respectfully invito
In referring to immigration—
I
Within the last 20 years, however, there has been a great change in the attention of Senators to the letter of Secretary Nagel.
•he proportion of the various nationalities emigrating from Europe to am sure they have not read it.
tlie United States. The immigrants from Great Britain and Ireland
The PRESIDENT pro tempore. The message and the letter
and from Germany and Scandinavia have come down in numbers as
compared with immigrants from countries which, until very recent from the Secretary of the Department of Commerce and Labor
years, sent no immigrants to America. We have never received, and will be read as requested.
do not now receive, any immigration from Spain or any considerable
The Secretary read as follows:
immigration from Prance and Belgium. The great growth in recent
j
years in our immigration lias been from Italy, from Poland, Hungary,
hnd Russia, from eastern Europe, from subjects of the Sultan, and is
now extending to the inhabitants of Asia Minor. With the exception
the Italians—
And it is these who are discriminated against largely—
. With the exception of tlie Italians, these people have never been amal
gamated with or brought in contact with the English-speaking people
or with those of France, Germany, Holland, and Scandinavia, who have
mult up the United States. I except the Italians not merely because
•heir noble literature and splendid art are a part of our common inherit
ance but because they are conspicuously one of the countries which
belong to what is known as western civilization. They, like ourselves,
are the heirs of the civilization of ancient Rome, and until one has
traveled in eastern Europe and studied the people one does not realize
how much this signifies.
These words aud more are the words of tlie distinguished
Senator from Massachusetts [Mr. L odge] when he saw fit and
Proper to laud the immigration of Italians to this fair land of
ours.
I insist, Mr. President, in my own Commonwealth, in the
southern part of the State of New Jersey, and in many other
Mates, where there are millions o f idle acres demanding the
Work of toilers, of industrious, honest men, there is a rich
opportunity, and we can invite them here. I ask as the only
Restriction healthy bodies, clean minds, and moral purposes,
and then, with these broad acres and a splendid Constitution,
We can assimilate and digest the whole world better to our
advantage, better to the world's Christianization and to the
‘ 'rilization of humanity.
I shall vote with all the earnestness of my nature to susam the President’s veto o f this bill.
Mr. SMITH of Michigan. Mr. President, I desire to send to
R desk a telegram received from many representative Polish
e
‘Wizens, or citizens of Polish origin, protesting against over
To
th e
S e n a te :
I return herewith, without my approval. S. 3175.
I do this with great reluctance. Tlie bill contains many valuable
amendments to the present immigration law which will insure greater
certainty in excluding undesirable immigrants.
The bill received strong support in both Houses and was recom
mended by an able commission after an extended investigation and
carefully drawn conclusions.
, , , , ,
But I can not make up my mind to sign a bill which in its chief
provision violates a principle that ought, in my opinion, to be upliehl
in dealing with our immigration. I refer to tlie literacy test. For
the reasons stated in Secretary Nagel's letter to me, I can not approve
that test. The Secretary’s letter accompanies this.
T si. H. T aft.
V
T he W hite H ouse, F e b r u a r y 1 4 , 1013.
jr
DEPARTMENT OF COMMERCE AND LABOR,
W a s h i n g t o n , F e b r u a r y 1 2 , 1913.
Mv Dfar M r P r e s i d e n t : On the 4th instant Mr Ililles, by your
V
Sonatp bill 3175. “ An act to regulate the nnmigraUon of aliens Vo and the1 residence of aliens in the United States,” with
that I inform you at my earliest convenience if I know of
mv o c 3 io.T o its'approval. I now return the bill with my comments.
In view of the number of hearings and the general discussion that
have been had no more than a brief reference to many of the points will
be necessary. The following are some of the objections that have been
iaiF?rst No exception has been made in behalf of Hawaii. You have
hppn assured that it is proposed to meet this objection by joint resolu
tion Even if this plan should not be carried out. I do not regard the
obiection as sufficiently serious to affect the merits of the bill.
Second, The provision that persons shall he excluded who can not
become eligible under existing law to become citizens of the United
States by naturalization is obscure, because it leaves unsettled the ques
tion as to who are to lie regarded as white persons. But tin's is merely
a perpetuation of the uncertainty which is now to be found in tlie
naturalization law.
,
i
, ,
.
.
,
Third. The provision that the Secretary may determine m advance,
noon application, whether it is necessary to import skilled labor in any
particular instance, that this decision shall tie held in abeyance for 30
I days and that in the meantime anyone objecting may appeal to the dis-
I* '
?
COXGREHSIOXAL KBt’OI.'I>
—SENATE
1' ebruaky 17
triot court to trr (J novo such question of nooessity is unsatisfactory. burden. Those who return after they have acquired some means cer
o
Tlie provision for the appeal to the courts is probably unconstitutional. tainly must be admitted to have left with us a consideration for tlie
A careful examination of tin*
Inn even if the entire provision proves ineffective the law will be left advantage which they have enjoyed.
substantially -where it is, and so this does not constitute a grave objec character of the people who come to stay and of the employment in
which a large part of the new immigration is engaged will, in mv judg.
tion to the bill.
Fourth. The provision that the Secretary may detail immigrant in ment. dispel the apprehension which ninny of our people entertain. The
spectors and matrons for duly on vessels carrying immigrants or immi census will disclose that with rapid strides tlie foreign-horn citizen js
grant passengers is objected to by foreign countries, but inasmuch as acquiring the farm lands of this country, liven if the foreign-born
alone is considered, the .percentage of his ownership is assuming a pro
1 his is left to the discretion of the Secretary, and it is understood, for
illustration, that Italy insists upon such practice with respect to all portion that ought to attract the attention of the native citizens, psteamship companies taking immigrants from her shores, it does not the second generation Is included it is safe to say that in the Middle
West and West a majority of the farms are to-day owned by foreign,
seem to «;o that this is a controlling objection.
Fifth. The provision in section 7, with respect to the soliciting of born people or they are descendants of the first generation. This does
not embrace only the Germans and the Scandinavians, but is true in
immigration by steamship companies, vests the Secretary with somewhat
;.s
drastic authority by way of imposing tines and denying tlio light of a large measure, for illustration, of the Bohemians and the Poles, tf steamship company to land alien immigrant passengers. Again, this is true in surprising measure of the Italians; not only of the northern
Italians, but of the southern.
nuf mandatory, and therefore does not go io the heart of the bill.
Again, an examination of the aliens who come to stay is of great
It appears to me that all these and similar objections might well
hare been considered in committee and may become the subject of future significance. During the last fiscal year NTH,ITU aliens came to our
shores, although the net immigration of the year was only a trifle
consideration by Congress, but, fairly considered, they are of incidental
importance only and furnish no sufficient reason for disapproving this above 400.000. But. while wo received of Skilled labor 127.01(5. and
only 35.898 returned: we received servants 110,529. and only 13,449
hill.
With respect lo the literacy test. I feel compelled to state a different returned: we received farm laborers 184,154, and only 3,978 returned,
conclusion, in mv opinion, 'this is a provision of controlling impor it appears that laborers came in the number of 135,726, while 209,279
tance, not only because of tlie immediate effect which ii may have upon returned. These figures ought to demonstrate that we get substantially
immigration and the embarrassment and cost it may impose upon the what we most need, and what we can not ourselvds supply, and that
service, but because ii involves a principle of far-reaeliing consequence we get rid of what we least need and what seems to furnish, in the
with respect to which your attitude will be regarded with profound minds of many, the chief justification for the bill now under discussion.
The census returns show conclusively Hurt the importance of illit
interest.
The provision as it now appears will require careful reading. In eracy among aliens is overestimated, and that these people are prompt
some measure the group system is adopted— that. is. one quiflifled immi after their arrival to avail of the opportunities which this country
grant may bring in certain members of his family— but the effect seems affords. While, according to the reports of the Bureau of Immigration,
to be that a qualified alien may bring in members of his family who about 25 per cent of the incoming aliens are illiterate, the census shows
may themselves be disqualified, whereas a disqualified member would that among the foreign-born people of such States as New York and
exclude all dependent members of bis family, no matter how well Massachusetts, where most of the congestion complained of has taken
qualified they might otherwise lie. In oilier words, a father who can place, the proportion of illiteracy represents only about 13 per cent.
I am persuaded that, ibis provision of the bill is in principle of very
read a dialect might bring in an entire family of absolutely illiterate
people, barring his sons over 10 years of age. whereas a father who great consequence, and that it is based upon a fallacy in undertaking
can not read a dialect would bring abpnt the exclusion of liis entire to apply a test which is not calculated to reach the -truth and to find
relief from a danger which really does not exist. Tills provision of the
family, although every one of them can read and write.
Furthermore, the distinction in favor of the female members of the bill is new, and it is radical. It goes to the heart of the measure. It.
family as against: the male members does not seem to me to rest upon does not permit of compromise, and. much as I regret it. because the
sound reason. Sent imentally, of course it. appeals, but industrially con other provisions of Die measure are in most respects excellent and in no
im forced to advise that you do not
sidered it does not appear to me that the distinction is sound. Further respect really objectionable,
more, there is no provision for the admission of aliens, who have been approve this Mil.
Ch arles Nagel, S ec r e ta r y .
*
8 -Filed here, and who have simply gone abroad for a visit.
The test
Very sincerely, yours,
would absolutely exclude them upon return.
The P r e s i d e n t .
In the administration of this law very considerable embarrassment
will be experienced. This at least is the judgment of members of tin1
During the reading of Secretary's Nagel's letter.
immigration force, upon whose recommendations i rely. Delay will
Mr. O’dOKMAX. I should like to have the reading of the
necessarily ensue at all ports, but on the borders of Canada and Mexico
that delay will almost necessarily result in great friction and constant letter suspended now, and move that the Senate adjourn until
complaint. Furthermore, the force will have to lie very considerably 12 o’clock to-morrow.
increased, and the appropriation will .probably be in excess of present
The motion was not agreed to.
sums expended by as much as a million dollars. The force of interpre
After the reading of Secretary Nagel’s letter,
ters will have to be largely increased and. practically sneaking, the
bureau will have to be in a position to have an interpreter for any kind
Mr. DF PONT. Mr. President, I do not like to detain the
of language or dialect of the world at any port at any time. Finally, Senate at this late hour, and I shall do so only for a moment.
the interpreters will necessarily be foreigners, and with respect to only
a very few of the languages or dialects will it be possible for the officials I desire to say that I disapprove of the illiteracy clause in the
in charge to exercise anything like supervision.
pending bill, and shall therefore vote to sustain the President’s
Apart from these considerations, 1 am of (he opinion that this pro
vision can not he defended upon its merits. -It was originally urged as veto.
Some years ago I had occasion to examine the muster rolls
a selective test. For same time recommendations in its support upon
that ground have been brought to our attention. The matter lias been of the continental line of the lievolutionary Army, and I dis
considered from that point of view, and I became completely satisfied
that upon that ground the test could not. be -sustained. The older argu covered that in many companies as high as 75 or R0 per cent
ment is now abandoned, and in the later conferences, at least, the of the soldiers were illiterates and foreigners. If those men—
ground is taken that the provision is to be defended as a practical meas those illiterates, these foreigners—were then good enough to
ure to exclude a large proportion of undesirable immigrants from cer
tain countries. The measure proposes to reach its result by indirection, risk their lives in assisting to obtain our independence, it seems
and is defended purely upon the ground of practical policy, the final to me that the same class of men are now good enough to assist
purpose being to reduce the quantity of cheap labor in this country. I in the development of this great country by their labor on the
can not accept this argument. No doubt the law would exclude a" con
siderable percentage of immigration from southern Italy, among the farms, in the mines, and in every other department where labor
Poles, the Mexicans, and the Greeks. This exclusion would embrace is so much needed.
probably in large part undesirable but also a great many desirable peoThe PID2SIDENT pro tempore. The question is, Shall the
ple, and the embarrassment, expense, and distress to those who seek
to enter would be out of all proportion to any good that can possible be bill pass, the objections of the President of the United States to
promised for this measure.
the contrary notwithstanding?
M observation leads me to the conclusion (liat. so far as the merits
.V
Mr. STONE. Mr. President-----of the individual immigrant are concerned, the test is altogether overMr. LODGE. The yeas and nays, of course, are necessary
os l hunted. The people who come from the countries named are frequently_ illiterate because opportunities have been denied them. The under the Constitution.
oppression with which these people have to contend in modern times is
The PRESIDENT pro tempore. The Constitution requires
not religions, but it consists of a denial of the opportunity to acquire
reading and writing. Frequently the attempt to learn to read and write that the vote in such a case shall be taken by yeas and nays.
tin1 language of the particular people is discouraged bv the Government,
Mr. STONE. I will ask the Senator from Massachusetts [Mr.
and those immigrants ia coining to our shores are reaily striving to free
themselves from the conditions under which they have been compelled L odge] to adjourn the further consideration o f this bill until
to live.
to-morrow at some hour when we may agree to vote. There are
So far as the industrial conditions are concerned. I think the question some Senators who would like to make observations in opposi
has been superficially considered. Wo need labor in this country, and
the natives are unwilling to do the work which the aliens 'come over tion to the hill. I do not know whether there are any who wish
to do. It is perfectly true that in a few cities and localities there are to speak in favor of it. For myself. I desire to say a few words
congested conditions. It is equally true that in very much larger areas in support of the President's veto, hut 1 would rather the mat
we are practically without help. In my judgment, no sufficiently earnest
and intelligent effort 1ms been made to bring our wants and our supply ter should go over until some hour to-morrow.
together, and so far the same forces that give the chief support to
Mr. LODGE. Mr. President, if we can agree to vote to-mor
this provision of the new bill have stubbornly resisted any effort look row I shall be very glad to comply with the suggestion of the
ing to an intelligent: distribution of new immigration to meet the needs
of our vast country. In my judgment no sueh drastic measure, based Senator from Missouri. The hill and the message o f the Presi
upon a ground which is untrue and urged for a reason which we are dent are now the unfinished business of the Senate, and, there
unwilling to assert, should be adopted until we have at least exhausted fore, would come up to-morrow at 2 o’clock. Therefore I ask
the possibilities of a rational distribution of these new forces.
Furthermore, there is a misapprehension as to the character of the unanimous consent that, not later than 5 o'clock to-morrow, a
people who come over here to remain. It is true that in certain locali vote be taken on the question of sustaining the veto.
ties newly arrived aliens live under deplorable conditions. .Test as
The PRESIDENT pro tempore. Is there objection to the re
much may be said of certain localities that have been inhabited for a
hundred years by natives of this country. These are not the general quest of the Senator from Massachusetts?
conditions, but they are the exceptions. It is true that a very 'consid
Mr. CLAPP. Mr. President. I shall object to any unanimouserable portion of immigrants do not come to remain, but return after consent agreement. Let us proceed with this matter and dis
they have acquired some means, or because they find themselves unable
to cope with the conditions of a new and aggressive country. Those pose of it.
who return for the latter reason relieve us of their own volition of a
The PRESIDENT pro tempore. Objection is made.
1913.
CJ()XGRESSIOXA L EECOE1)— SEXATE.
Mr. LODGE. I have nothing further to do, then, of course,
but to keep the matter before the Senate, though I do not like
to interfere with other business. 1 wish to say to the Senator
from Minnesota that the suggestion did not come from me, hut
it came from the opponents of the hill.
Mr. ('LAPP. I did not mean that in any such sense.
The PRESIDENT pro tempore. The question is, Shall the
lull pass, the objections of the President of the United States to
the contrary notwithstanding?
Mr. CLARKE of Arkansas. I believe there is one motion
which can be made by which we can attend to the matter to
morrow,and T move that the Senate adjourn.
The PRESIDENT pro tenlpore. The question is on the mo
tion of the Senator from Arkansas. [Putting tlm. question.]
"The noes appear to have it.
Mr. MARTINE of New Jersey. I call for the yeas and nays,
Mr. President.
\
The yeas and nays were ordered; and, being taken, resulted—
yeas 25 nays 58, as follows:
3271
renew the request, which is, in brief, that we shall vote on the
bill to-morrow, not later than 5 o’clock.
Mr. CLAPP. Will the Senator make it 3 o’clock?
Mr. LODGE. I am perfectly willing to make it 3 o’clock, if
that, is agreeable.
Mr. STONE. If we can begin a little earlier than 2-----Mr. LODGE. The bill can he taken up immediately after
the routine morning business and voted on not later than 3
o’clock.
Mr. STONE. If we can begin at 1— —
Mr. KERN. Make it 4.
Mi'. NELSON. Mr. President, will the Senator from Massa
chusetts yield to me?
Mr. STONE. What is (lie need of a controversy here about
half an hour?
Mr. LODGE. Exactly.
Mr. STONE. Several Senators desire to be heard, not ex
tensively, but within reasonable limits. My friend from Minne
sota is so generous and fair in all things that I am sure I need
\
only to present the matter to him.
YEAS— 25.
Mr. NELSON. Will the Senator from Missouri yield to me?
Ready
Stephenson
du Pont
Martino, N. .T
.
The PRESIDENT pro tempore. Does the Senator from Mis
Rrown
Stone
Fletcher
Myers
Patron
souri yield to the Senator from Minnesota?
Townsend
Gronna
O’Gorman
Chamberlain
Williams
Kenyon
Paynter
Mr. STONE. 1 do.
Kern
Poinerene
Culberson1 *
Kel“
Poinerene
M Mr. NELSON. It is very important that we should dispose
Lippitt
Shively
Cullom
of the appropriation bills. Therefore I would suggest that
Martin, Ya.
Smith, Md.
unanimous consent be asked that we take up this bill to
NAYS— 58.
morrow, immediately after the reading of the Journal, and dis
Ashnrst
Smith, Ariz.
McCumber
Curtis
Raeon
pose of it by a final vote before 3 o'clock, or not later than 3
McLean
Smith, Ga.
Dillingham
Rankhead
Smith, Mich.
Dixon
Nelson
o’clock.
I>orah
Smith, S. C.
Fall
Oliver
Mr. LODGE. That is all right.
Ronrne
Smoot
Overman
Gallinger
Rradley
Mr. STONE. That is satisfactory to me.
Sutherland
Owen
Gardner
Rrandogoo
Swanson
Page
Gore
Mr. OLIVER. Mr. President, there are quite a number o$
Thomas
Rristow
Penrose
Guggenheim
committee reports that have been delayed, and on that account
Thornton
Rurnham
Percy
Jackson
Tillman
Rurton
raiere ought to be a short time allowed for routine morning
Perkins
Johnson, Me.
Clapp
Poindexter
Weol>
Johnston, Ala.
business.
Richardson
<lark. Wyo.
Wet more
Jones
Mr. LODGE. That will come immediately after the vote. It
' rane
Root
Works
La Follette
Sheppard
Crawford
will not cut off the routine morning business.
Lea
Simmons
Cummins
Lodge
Mr. SMOOT. That will he all right.
NOT VOTING— 12.
Mr. LODGE. It will not cut it off if the vote is taken at 3
o'clock.
Foster
Kavanaugh
Rriggs
Reed
Rrvan
<Inmble
Massey
Warren
The PRESIDENT pro tempore. Will (lie Senator from Mas
Cliilton
Hitchcock
Newlands
Watson
sachusetts restate his request?
J refused to adjourn.
Mr. LODGE. I ask that to-morrow, immediately after (lie
STONE. Mr. President. I should like to have the hill reading of the Journal, the immigration bill, with the Presi
President,
read'by the Secretary for the information of the Senate. I am a dent’s objections, be taken up, and that the vote upon it he
little apprehensive that sotneTlf not most, of the Senators have taken not later than 3 o’clock.
not read the hill.
The PRESIDENT pro tempore. Is there objection to (he re
The PRESIDENT pro tempore. The Senator from Missouri quest of the Senator from Massachusetts?
Mr. CLAPP. I objected to the other suggestion not for pur
requests that the hill shall be read. That order will be made,
poses of delay, but because I thought we ought to go to work
lR the absence of objection.
Mr. LODGE. Mr. President, I do not know o f any rule that and dispose of this matter. I do not want to stand against the
will of the
amount
yet
compels the reading of the hill. It is perfectly familiar to before us atSenate. We have an immensethe sense of work Sen
the present session. If it is
of ihe
Senators, I think, and I do not wish to have the time consumed ate that we should pass upon this matter at 3 o’clock to-morrow,
uselessly, i f Senators wish to speak, that is one thing, but I while I deprecate that policy, I shall not any further interpose
do not think wo should have documents read, and I object.
an objection.
The PRESIDENT pro tempore. Objection to the reading is
Mr. CLARK of Wyoming. Mr. President, I rise to a parlia
made.
mentary inquiry. Will the taking up of this hill by unanimous
Mr. STONE. I can read the hill.
consent; cut off morning business to-morrow?
Mr. LODGE. I know the Senator can read it. hut I do not
Mr. LODGE. No.
"'<
‘int to put him to that trouble. I should like very much if
Mr. CLARK of Wyoming. I am asking the Chair.
)ve could make the agreement which I have proposed, which was,
The PRESIDENT pro tempore. Ik would preclude the pres
m fact, suggested by (lie Senator from Missouri. I do not entation of morning business, except by unanimous consent,
think it is possible to take a vote at this late hour, if there after the disposition of this measure.
Mr. CLARK of Wyoming. I supposed that was true; and in
are Senators who desire if* speak, and so I will renew the re
that event, unless the request for unanimous consent is so
quest, if it he agreeable to the Senator from Missouri.
Mr. STONE. If (lie Senator will pardon me, there are two amended that we can take up the morning business, I shall
three Senators who desire to address the Senate on the pend have to object.
Mr. LODGE. 1 thought it would he open io morning busi
ing question, and after conference with the Senator from Mas
sachusetts, in charge of the measure, it was agreed between ness. I will add to the request, then, that after the disposi
'hem and him that we would adjourn until 12 o’clock to-morrow, tion of this question the morning business shall be disposed of.
The PRESIDENT pro tempore. Is there objection to the
and that the vote should he taken not later than 5 o’clock. I
believe it can be taken much earlier than 5 o’clock. There is modified request of the Senator from Massachusetts? The
certainly no disposition, so far as I am advised—and I think I Chair hears none, and it is so ordered.
("in speak with confidence—on the part of anyone merely to
INCOME TAX.
delay the consideration and final disposition of this question;
The PRESIDENT pro tempore presented a joint resolution
'»ut there is reason in all things; and I join with the Senator
Mom Massachusetts in again asking the Senate to allow this passed by the Legislature of Wyoming, which was referred to
matter to go over until to-morrow with an assurance that there the Committee on Finance and ordered to be printed in the
R ecord, as follows:
m no disposition to obstruct the early disposition of it.
T u b S t a t e of W y o m in g .
Mr. LODGE. Mr. President, I renew the request, and I hope
O ffic e o f t h e S e c r e t a r y o f S h i t e .
y>e Senator from Minnesota will allow us to adopt that course. U n i t e d S t a t e s o f A m e r i c a , S t a t e o f W y o m i n g :
M is the quickest way of disposing of the matter. We shall
I, Frank L. lloux, secretary of state of the State of Wyoming, do
8;*in nothing by sitting here this evening, in my opinion. I hereby certify that the following copy of senate joint resolution No. 2,
f
'l l '
•
‘T
ill
I
id
i
,
/•
I
3
CONG MISSIONAL EECORD— SENATE.
adopted by the Legislature of the State of Wyoming, lias been carefully
compared with the original, filed in this office on the 6 tli day of Feb
ruary, A. D. 1916, and is a full, true, and correct copy thereof:
Senate joint resolution ratifying an amendment to the Constitution of
the United States of America granting power to Congress to levy a
tax on incomes.
Whereas both Houses of the Sixty-first Congress of the United States
of America at its first session by a constitutional majority of twothirds thereof, made the following proposition to amend the Constitu
tion of the United States of America in the following words, to wit:
A joint resolution proposing an amendment to the Constitution of the
United States.
R e s o lv e d b y th e S en a te a n d th e H o u s e
o f R e p r e s e n ta tiv e s o f th e
U n ite d S ta t e s o f A m e r ic a in C o n g r e s s a s s e m b le d
(tw o -th ir d s o f ea ch
H o u s e c o n c u r r i n g t h e r e i n ) , That the following article is proposed by
an amendment to the Constitution of the United States, which when
ratified by the legislatures of three-fourths of the several States, shall
be valid to all intents and purposes as a part of the Constitution,
namely:
“A rt. XVI. The Congress shall have power to lay and collect taxes
on incomes, from whatever source derived, without apportionment
among the several Slates and without regard to any census or enumer
ation.”
\
Therefore be it
. A
, _
R e s o lv e d b y th e S en a te
r e s e n ta tiv e s c o n c u r r in g ).
of
th e
S ta te
o f W y o m in g
( th e
H ou se
of
R ep
J o s e i> M . C a r e t , G o v e r n \ r .
h
F rank
L.
IIou x .
S ec reta ry
o f S ta te .
By F. H. W e s c o t t ,
/
The PRESIDENT pro tempore presented a memorial adopted
l>y the Legislature of Idaho, which was referred to the/Com
mittee on Public Lands and ordered to be printed in the R ecord,
as follows:
[Certificate of certified copy.]
/
S tate op I d a h o ,
D e p a r t m e n t op S t a t e .
1. Wilfred L. Gifford, Secretary of State of the State of Idaho, do
hereby certify that the annexed is a full, true, and complete transcript
of House joint memorial Xo. 1 ; by Mason : passed the hAuse January
23. 1913 ; passed the Senate January 31. 1913; which wiys filed in this
office on the 5th day of February. A. D. 1913. and admitted to record.
In testimony whereof I have hereunto set my hand h nd affixed the
great seal of the State. Done at Boise City, the capital of Idaho, this
7th day of February, A. D. 1913, and of the independence of the United
States of America the one hundred and thirty-seventh.'
W i l f r e d E. G i f f o r d ,
S ec r e ta r y
of
S ta te .
House joint memorial 1.
To
th e h o n o r a b le th e S e n a to r s a n d
in C o n g r e s s a s s e m b le d :
R ep r e se n ta tiv e s
ff
th e
U n ite d S ta te s
Your memorialists, the Legislature of the State ^ f Idaho, respectfully
represent that—
Whereas a bill, known as the “ three-year homestead bill,” was passed
by the Senate of the National Congress on February 5, 1912, said
bill being without any requirements as to the cultivation of home
steads ; and
Whereas the said bill was afterwards amended in the National House
of Representatives so as* to require cultivation, and was finally
approved on June 6 . 1912; and
Whereas said cultivation clause works a hqtrdsliip upon settlers who
have taken up or who will take up homesteads in the timbered sec
tions of the State of Idaho and in other Western States in that
those settlers who are dependent upon thjfeir own resources and labor
to maintain their families and to improve their homesteads can not
comply with the provisions of said law :
We therefore pray and earnestly urge that relief be granted to these
homesteaders by appropriate amendment, So as to make the provisions
of the said law applicable to the timbered sections of this and other
Western States.
The Secretary of State of the State of Idaho is hereby instructed to
forward copies of this memorial to the Senate and House of Representa
tives of the United States, and copies of the same to our Senators and
Representatives in Congress.
T h i s memorial passed the house of (representatives on the 23d day
of January, 1913.
I
C. S. F r e n c h ,
S pea ker
of
th e
H ou se
of
/
S ec reta ry
P r e sid e n t
o f th e S en a te .
D a v id B u r r e l l ,
of
th e H o u se
o f R e p r e se n ta tiv e s
of
S ta te .
th e U n ite d
Your memorialists, the Legislature of the State of Idaho, respectfully
represent that—
Whereas a bill Is now pending in Congress having for its purpose the
guaranteeing to the respective States the fullest jurisdiction over all
intoxicating liquors consigned to them from the time they enter the
State, said bill being known as the Kenyon-Sheppard b ill;
Whereas yve believe that under the present laws the State is seriously
handicapped In carrying out its policies relative to the liquor traffic,
and that the passage of such act would be of great benefit to thy
several States: Now therefore
Y'oi/r memorialists urgently recommend said bill be enacted into a law
at tlje earliest possible time.
The secretary of state of the State of Idaho is hereby instructed to
foi^vard this memorial to the Senate and House of Representatives of
the United States and copies of the same to our Senators and Repre
sentatives in Congress immediately upon the passage of the same.
This house joint memorial passed the house of representatives on the
'27th day of January, 1913.
S peaker
of
th e
H ou se
C. S. F r e n c h .
o f R e p r e se n ta tiv e s.
This house joint memorial passed the senate on the 3d day of Feb
ruary, 1913.
H e r m a n II. T a y l o r ,
I hereby certify that the within house joint memorial originated in
the house of representatives during the twelfth session of the Legisla
tive of the State of Idaho.
i> a l . ]
£e
D a v id B u r r e l l ,
C h ief
o f R ep r e se n ta tiv e s,
C le r k
o f th e
H ou se
o f R ep r e se n ta tiv e s.
Tile PRESIDENT pro tempore presented a joint resolution
passed by the Legislature of Ohio, which was referred to the
Committee on Finance and ordered to be printed in the R ecord,
as folio .
House joint resolution 11.
Joint resolution relative to funds in the Federal Treasury and to pro
vide dbi- the distribution and use of the income therefrom.
Whereas them was on deposit in the Federal Treasury at the close of
business January 21, 1913, to the credit of the general revenue fund
the sum of $436,120,738 : and
Whereas the sunk of $136,120,738 represents the normal credit balance
of such fund ; Xnd
Whereas the amount of such credit balance Is not at this time nor
prior hereto has V er been in active circulation : and
Whereas the amount V such fund should be loaned to the banking insti
tutions of the various States on the basis of competitive bidding; and
Whereas the general business, manufacturing, commercial, and agricul
tural interests of Ohio, as well as of every other State, would ]>
e
greatly benefited throuYh the investment, use, and privilege of such
Federal credit balance jAand
Whereas the amount of revapue that should be obtained from the use of
such Federal Treasury balance should be credited to the respective
States in which such i'unds\are employed; and
Whereas the total amount of interest paid by the banks of the respective
States to the Federal Government should be credited to the respective
States employing such fund ; Mind
Whereas the amount so credited t» sucli respective States should be used
in constructing and maintaininahighways: Therefore be it
R e s o l v e d b y t h e G e n e r a l A s s e m b l y , o f t h e S t a t e o f O h i o , That the Con
gress of the United States be, and iAherdby petitioned to enact statutes
providing for the deposit of funds fla the Federal Treasury in any of
the banks of the United States upon competitive bidding as to interest
and upon approved security. And that the income from such deposits
be credited to the treasurer of the Srnte in the respective States in
which such funds were on deposit; anaVbe it
R e s o l v e d . That the income from such deposits as are credited to the
treasurer of such States having employedYuch funds be credited to the
highway construction and improvement fupds to be used as are other
funds for such construction and improvement purposes ; and be it further
R e s o l v e d , That the secretary of state be,\and is hereby, directed to
forward duly authenticated copies of this resolution to the President
of the United States Senate and to the Speaker of the House of Repre
sentatives of the United States, with the requdst that the same be laid
before the Senate and House for prompt consideration.
R ep r e se n ta tiv e s.
I hereby certify that the within house joint memorial originated in
the house of representative during the twelfth session of the Legislature
of the State of Idaho.
C le r k
of
House joint memorial 2 .
H erm an H. T aylor,
C h ief
S ta te .
W il f r e d L . G if f o r d .
This memorial passed the Senate on the 31st day of January, 1913.
[ s e a l .]
of
P r e s id e n t o f th e S en a te .
PETITIONS AND MEMORIALS.
[ s e a l .]
D e p a r tm e n t
/
In witness whereof I have hereunto set my hand and affixed the great
Beal of the State of Wyoming.
\
Done at Cheyenne, the capital, this 10th day of February, A. D. 1913. •
[ SEAL.]
State of I dah o,
I, Wilfred L. Gifford, secretary/of state of the State of Idaho, do
hereby certify that the annexed is a full, true, and complete transcript
of house joint memorial No. 2. by committee on privileges and elections
recommending the passage of the Kenyon-Sheppard bill— passed the
house January 27, 1913 ; passed the senate February 3, 1913— which
was filed in this office on the 5th day of February, A. D. 1913, and
admitted to record.
In testimony whereof I/liave hereunto set my hand and affixed the
great seal of the State. Done at Boise City, the capital of Idaho, this
7th day of February, in the year of our Lord one thousand nine hundred
and thirteen and of tlig independence of the United States of America
the one hundred and thirty-seventh.
T o th e h o n o r a b le t h e S e n a te a n d H o u s e
S t a t e s in C o n g r e s s a s s e m b l e d :
\
L. PrVtt,
10.52 a. m., February 3, 1913.
[Certificate of certified copy.]
/
B i r n e y H . 'S a g e .
M a r t in
The PRESIDENT pro tempore presented a joint memorial
of the Legislature of Idaho, which was ordered to lie on the
table and to be printed in the R ecord, as follows:
[ se a l .]
That the said proposed amendment to the
Constitution of the United States of America be, and the same is
hereby, ratified by the Legislature of the State of Wyoming.
That certified copies of this preamble and joint resolution be for
warded by the secretary of state of this State to the President of the
United States, Secretary of State of the United States, to the Presiding
Officer of the United States Senate, to the Speaker of th'9 House of
Representatives of the United States, and to each Senator and Repre
sentative of the United States, and to each Senator and Representative
in Congress from the State of Wyoming.
By the president:
\
By the speaker:
F ebruary 17,
Adopted January 29, 1913.
C. \ . S w a i n ,
S p ea k er o f th e H o u s \ o f R ep r e se n ta tiv e s.
H u g h L . N ic h o l s ,
P r e s id e n t o f th e S en a te .
\
U n it e d St a t e s o f A m e r ic a ,
STA'njj o f O h i o ,
O ffic e o f t h e S e c i \ t a r y
o f S ta te .
I, Chas. H. Graves, secretary of state of the State of'Ohio do hereby
certify that the foregoing is an exemplified copy, carefully compared by
\
191°>.
CONGRESSIONAL RECORD— SENATE.
A bill (S. 8497) to repeal section 3 of an net entitled “ An at
waking appropriations for the service of the Post Office Depairwent for the fiseo 1 year ending June 30, 3900 ; to the Commit
tee on Post Offices and Post Roads.
By Mr. SMITH of Maryland:
A bill (S. 8498) for tlie relief of John E. Sen:mes. receiver of
the Columbian Iron Works & Dry Deck Co., of Baltimore, Md.;
to the Committee on Claims.
By Mr. BRISTOW :
•
A bill (S. 8499) granting an increase of pension to George Tv.
Miller (with accompanying papers); to the Committee on Pen
sions.
By Mr. PENROSE:
A bill (S. 8500) establishing compensation of certain customs
officials; to the Committee on Finance.
A bill (S. S503.) granting an honorable discharge to George
^ ■ Biggs; to the Committee on Military Affairs.
A bill (S. 8502) granting an increase of pension to Harrison
D. Royer (with accompanying papers) ;
A bill (S . 8503) granting an increase of pension to Peter
Banks (with accompanying papers) ;
—-rc-to Margaret
\ tjuvu/ ^jtinting cm mcicuoc ui
l
to William H.
■<1 v.son (with accompanying papers) ; to the Committee on
1 euswns.
~
By Ml-. NEWLANDS :
W
*
Eosolution (S. J. Res. 103 1 granting permission to the
',1Uau 8 titanic Memorial Association to erect .a memorial
A heture in Potomac Park, in the city o f Washington; to the
committee on the library.
A M E N D M E N T S TO APPROPRIATIO N B IL LS.
Mr. SMITH of Maryland submitted an amendment proposing
.° appropriate $S0,000 for the construction of a post-office buildJ!,ff at Cambridge, Md.. intended to be proposed by him to the
•minibus public buildings bill, which was referred to the Com
mittee on Public Buildings and Grounds and ordered to be
Printed.
Mr. BRISTOW submitted an amendment proposing to appro
priate $1,575.55 for a pavement in front of the post office and
•'Wirthouse at Salina, K;Sis., intended to be proposed by him to
Bie sundry civil appropriation bill, which was referred to the
oinmittee on Public Buildings and Grounds and ordered to be
Printed.
*„Mr- BOOT submitted anwimeudment proposing to appropriate
i ' 'iP>P00 to acquire, by ptfifehase, condemnation, or otherwise,
JMrt of the block on whica the liost office in the Borough of
rooklyn, city of New York,IN. Y., is located, etc., intended to be
Proposed by him to the omnibus public buildings bill, which was
referred to the Committee onY’ ublic Buildings and Grounds and
ordered to be printed.
^
o_lAe also submitted an ameiklnient proposing to appropriate
’><0,000 for the purchase of a |ite and the erection thereon of
{l suitable building for the use •gud accommodation of the city
I Waver!y, N. Y., intended to 1 proposed by him to the omni<h
’’"fi public buildings bill, which %is referred to the Committee
° p Public Buildings and Grounds &id ordered to be printed.
T *° a*®° submitted an amendmerc relative to a reissuance, of
^reasury drafts, etc., intended to% e proposed by him to the
general deficiency appropriation bilfewhich was referred to the
"iiiinittee on Appropriations and oii^t red to be printed.
Mr. PENROSE submitted an amendment proposing to npproj*1Mte $15,000 to increase the limit oi%ost for the public build> at York, Pa., intended to be proposal by him to the omnibus
g
tub lie-buildings bill, which was referred to the Committee on
tt ic B uBdings and Grounds and ordelpd to be printed,
ti , a.IS0 (by request) submitted an Syaiendment relative to
ie retirement of officers of the Navy n%jv on the retired list
bo prior to June 30, 1913, became incapacitated for active
**h'viee by reason of physical disability %icurred in line of
’V« . etc., intended to be proposed by him s o the naval approv
v
bill, which was referred to the C%nmitiee on Naval
1 (!r
lirs find ordered to be printed.
Mr. GUGGENHEIM submitted an amend:%-nt proposing to
* Pproprlate $225 to pay James F. Belford for services rendered
Ad secretary to the Commission to Investigatemhe Pneumaticbbe Postal System, intended to be 'proposed by him to the
neral deficiency appropriation bill, which was Inferred to the
••nimittee on Appropriations and ordered to be i%nted.
WITHDRAWAL OF PAPERS— IIARRY M. OSBO:
327.')
1
%
■
yf
nrr
T H E IN IT IA T IV E AND REFERENDUM.
Mr. OWEN. I offer a substitute for Senate resolution No.
433. and ask that it be read, lie on the table, and be printed.
The resolution (S. Res. 413) was read, ordered to lie on the
table, and to be printed, as follows:
R e s o l v e d , That the system of direct legislation, such as the optional
initiative and referendum adopted by Oklahoma. Oregon. California,
Washington. Arizona. Utah, Colorado, Montana, North Dakota, South
Dakota, Missouri, Arkansas, Nebraska, Wisconsin, Ohio, and Maine, is
in harmony with and makes more effective the representative system
and the principle of the sovereignty of the people upon which this
Republic was founded and is not in conflict with the republican form of
government guaranteed by the Constitution.
If
If
Mr. OWEN. I desire to give notice that on Monday next,
after the disposition of the regular routine morning business, I
shall address the Senate upon the resolution.
EULOGIES ON T H E LA TE VICE PRESIDENT.
Mr. SMOOT submitted the following concurrent resolution
(S. Con. Res. 41), which was read, considered by unanimous
consent, and agreed to:
R eso lv ed
hy
th e
S en a te
( .t h e
H ou se
of
R e p r e se n ta tiv e s
c o n c u r r in g ).
That there shall be printed and bound, under the direction of (lie
Joint Comm it fee on Printing, 14,100 copies of the proceedings and the
eulogies delivered in Congress on James Schoolcraft Slierman, late
Vice President of the United States, with illustration, of which 4,000
copies shall be for the use of the Senate, 8 ,0 0 0 copies for the use of
the House of Repfesentatives. 2,000 copies for the use of the Senators
and Representatives of the State of New York, and 100 copies, bound
in full morocco, for the use of Mrs. James Schoolcraft SiieTman : P r o
v i d e d , That (here shall be included in such publication tlife proclama
tion of the President and the proceedings in the Supreme ^ourt of the
United States upon the death of Vice President Shcraan, and an
accouut of the funeral-services at Utica, N. Y.
CONDITIONS IN T H E C IT Y OF M EXICO.
Mr. ASHURST. I sybinit a resolution and ask ih a t it lie on
the table and be printe*.
The resolution (S. Rtfe 464) was read and ordered to lie on
the table and to be printed, as follows:
Whereas according to the besit information obtainable by the American
people and by the Senate of the United States# American citizens
now residents of the City of Mexico, capital/'of the Republic of
Mexico, have been compelled to take refuge Within the American.
Embassy, to escape the dangers of a warfare now being conducted
in the Republic of Mexico:
Whereas Americans and other noncombatants have been wounded and
killed while within the shelter of their own; homes and while seeking
safety in the residences of the official representatives of their respec
tive Governments; and
‘h
Whereas the American Embassy has %en under fire and the life of the
American ambassador and his family and other American citizens
gathered there for safety have been apd are jeopardized, and assaults
have boon made upon oflicial representatives of the’ Government of the
United States; and
Whereas official communications between
American Government and
its diplomatic representatives in the city of Mexico are either cen
sored or garbled by and under authority of the Government of Mexico,
and foreign Governments appear to look to the Government of the
United States to protect iite and property and maintain a state of
law and order: and
Whereas the President of the United States fe quoted as having stated
that Congress must share with him whatever action may be taken
with regard to the present deplorable state of affairs in Mexico:
Therefore be it
R e s o l v e d , That the President of the United. States be, and ho is
hereby, requested, if not incompatible with the public interests, to trans
mit to the Senate full and complete copies of all correspondence, cables,
telegrams, and other communications received by him or by the Depart
ment of State or by the Department of the Navy relative to conditions
in the City of Mexico, and copies of all instructions sent to the Amer
ican diplomatic representatives and officers of ttm'Army and Navy in
command of vessels or military forces that have been placed under
orders and directed to hold themselves in readiness to protect American
interests, copies of such communications and orders being necessary to
the end that Congress may properly assume whatever Responsibility the
President at any time may believe Congress should share with him.
CONDITIONS IN P A IN T CREEK, W . VA ., COAL YIELDS.
Mr. BORAH submitted the following resolution (8. Res. 463),
which was read and referred to tlie Committee to Audit and
Control the Contingent Expenses of the Senate:
R e s o l v e d , That a committee of three Members of the Sepate be ap
pointed by the ITesident of the Senate to make a thorough and com
plete investigation of the conditions existing in the I’aint Creek coal
fields of West Virginia, for the purpose of ascertaining—
1. Whether or uot a system of peonage is maintained in said coal
fields.
_
2. Whether or not access to post offices is prevented; and if so, by
whom.
,
;
3. Whether or not our treaty obligations with other countries are
being violated : and if so, by whom.
4. ' If any or all of those conditions exist, the causes leading up to
such conditions.
5. Whether or not the Commissioner of 3-abor or any other official or
officials of the Government can be of service in adjusting such s t r ik e .
(3 Whether or not parties are being convicted and punished in viola
.
tion of tlie laws of the United States.
Said committee, or any subcommittee (hereof, is hereby empowered
to sit and act during the session or recess of Congress, or of either
Bn motion of Mr. G u g g e n h e im , it was
.That the papers accompanying the bill S. 73
M th .i88’ *'rst session, granting a pension to Harry M.
from the files of the Senate, no adverse report
<m thereon.
e
off
production
. . .
VB.
. .
_ .
to take and make a record of all evidence taken and received by tlie
committee, and keep a record of its proceedings; to have such evidence.
, fr
3276
CONGRESSIONAL RECORD— HOUSE.
record, and oilier matter required by the committee printed and suit
ably bound; and to employ such assistance as may be deemed necessary.
The chairman of the committee, or any member thereof, may administer
baths to witnesses. Subpoenas for witnesses shall be issued under the
signature of the chairman of the committee or subcommittee thereof.
The claim that any testimony or evidence given may tend to incrimi
nate the person giving such evidence shall not excuse such witness
from testifying, but such evidence or testimony shall not be used
against such person on the trial of any criminal proceedings, except
in prosecuting for perjury committed in giving such testimony. Every
person who, having been summoned as a witness by authority of said
committee or any subcommittee thereof, willfully makes default, or
who, having appeared, refuses to answer any questions pertinent to the
investigation herein authorized, shall be deemed guilty of a misde
meanor, and upon conviction thereof be punished by a line of not more
than $ 1 ,0 0 0 nor lesshthan $ 1 0 0 and imprisoned in a common jail for
not more than one yefer nor less than one month, as provided in sec
tion 102 of the Revised',Statutes of the United States.
The expenses thereof shall be paid from the contingent fund of the
Senate on vouchers ordered by said committee, signed by the chairman
thereof, and approved by t\c Committee on Contingent .Expenses.
Er^lIT-IIOUB LAW.
Mr. BOliAII. I ask tlio'.Cliair to lay before the Senate the
action of the House on the. disagreeing votes on House bill
1S787.
\
The PRESIDENT pro tempore laid before the Senate the
action of the House of Representatives agreeing to the report of
the committee of conference on the disagreeing votes of the two
Houses on the amendments of the Senate to the bill (H. R. 187S7)
relating to the limitation of the hours o f daily service of labor
ers and mechanics employed upon public works of the United
States and of the District of Columbia, fmd of all persons em
ployed in constructing, maintaining, or improving a river or
harbor of the United States and of the District of Columbia.
Mr. BORAH. I ask that the Senate eoneutW—
Mr. BURTON. I ask that the matter may go pvur.
The PRESIDENT pro tempore. It will go over*.
Mr. SMOOT. I move that the Senate adjourn. The motion was agreed to; and (at 5 o’clock and Cs minutes
>
]i. m.. Monday, February 17) the Senate adjourned until to-mor
row, Tuesday, February IS, 11)13, at 12 o’clock meridian..
\
H O U S E O F R E P R E S E N T A T IV E S .
M onday,
February 17, 1013.
\
The House met at 12 o’clock noon.
The Chaplain, Rev. Henry N. Couden, D. D., offered the fol
lowing prayer:
We bless Thee, Infinite Spirit, our heavenly Father, that we
may touch hearts with Thee and feel the influx of Thy spirit
mingling with our spirit and thus consciously renew our relation
ship with Thee, he strengthened, purified, ennobled, and led for
ward to new victories, new achievements in the work Thou
hast given us to do. For Thine is the kingdom and the power
and the glory forever. Amen.
The Journal of the proceedings of yesterday was read and
approved.
INCOME TAX.
The SPEAKER. The Chair will announce to the House, to
save the trouble of reading a long document, that he has re
ceived a communication from the secretary of state of Wyoming
announcing that the legislature of that State has ratified the
income-tax amendment.
The communication is as follows:
T h e Sta t e of Wy o m in g ,
O f f ic e of t h e Se cr etar y of St a t e .
U n it e d S t a t e s o f A m e r ic a , S t a t e o f W y o m i n g :
I, Frank L. IIoux, secretary of state of the State of Wyoming, do
ruary, A. D. 1913, and is a full, true, and correct copy thereof:
Senate joint resolution ratifying an amendment to the Constitution of
the United States of America granting power to Congress to levy a
tax on incomes.
Whereas both Houses of the Sixty-first Congress of the United States
of America, at its first session, by a constitutional majority of twothirds thereof, made the following propositon to amend the Constitu
tion of the United States of America in the following words, to w it:
A joint resolution proposing an amendment to the Constitution of the
United States.
R es o lv ed b y th e S en a te a n d th e H o u s e o f R e p r e s e n ta tiv e s o f th e
U n ite d S ta te s o f A m e r ic a in C o n g r e s s a s s e m b le d
(tw o -th ir d s o f ea ch
H o u s e c o n c u r r i n g t h e r e i n ), That the following article is proposed by an
amendment to the Constitution of the United States, which, when rati
fied by the legislatures of three-fourths of the several States, shall be
valid to all intents and purposes as a part of the Constitution, namely:
“ A r t . XVI. The Congress shall have power to lay and collect taxes
on incomes, from whatever source derived, without apportionments among
the several States and without regard to any census or enumeration ” ;
Therefore he it
R eso lv ed b y th e sen a te
re se n ta tiv e s c o n c u r r in g ),
of
th e
S ta te
of
W y o m in g
(th e
h ou se
of
rep
That the said proposed amendment to the
Constitution of the United States of America be, and the same is hereby,
ratified by the Legislature of the State of Wyoming.
17
F ebruary
That certified copies of this preamble and 1 oint resolution bo fre
warded by the secretary of state of this Statt^fto the I’resident of the
United States. Secretary of State of the Unite® States, to the Presirijn„
Officer of the United States Senate, to the Spqpker of the House of
resentatives of the United States, and to each Senator and Represent-,
tive of the United States, and to each Scnjflor and Representative
Congress from the State of Wyoming.
/
“
By the president:
§
§
B i r n e y II. g AGr
By the speaker:
£
•
_
M a r t in L . I ’r a t t
§
W
10.32 a. m., February 3, 1913.
# J o s e p h M . Ca r e y , G o v e r n o r
In witness whereof T have hereunto Jet my hand and affixed the "re-.*
seal of the State of Wyoming.
g
n
Done at Cheyenne, tlic capital, thijplOlh day cf February, A. D. jpj.,
[ s e a l .]
§
F r a n k L. I I o u x .
.
S ec reta ry
o f S ta te .
EXTENSIOI^uF REMARKS.
Mr. SHARP. Mr. Speaker I ask unanimous consent that
there may be printed in the R ecord an article by Mr. Alfred w
Lawson, of New York, the editor and proprietor of the monthly
magazine Aircraft. This article upon the subject of aviation
is very interesting and ^Ruminating and contains in it much
that is of valuable information. I deem tbis request not in
appropriate at this timej inasmuch as the subject of aerial navi
gation as it concerns a means of national defense and attack
will be, I believe, onq-'of the features of the forthcoming naval
appropriation bill. Other bills involving different phases of
this subject are also in course of preparation and will claim
our attention during the next Congress. While the zeal of the
author has led him to make some recommendations with which
we may not a IE’'fully agree, yet I believe his suggestions are
timely and of much value, not only to Congress but to the
country at large. Indeed, I believe Congress is fast coming to
appreciate the importance of this new field of enterprise in its
varied possibilities.
The SPEAKER. The gentleman from Ohio asks unanimous
consent 16 print in the C ongressional R ecord an article by Mr.
Alfred, W. Lawson on the subject of flying machines.
Mr. MANN. Mr. Speaker, reserving the right to object, how
long is this article?
Mr. SHARP. I should think it would take probably three
columns of the C ongressional R ecord. I have made no estijnate.
Mr. MANX. If the gentleman will make his request that he
tLave leave to extend his remarks in the R ecord by printing this
article, I shall have no objection.
The SPEAKER. The gentleman from Ohio asks unanimous
eoifsent to extend his remarks in the R ecord as indicated. Is
tlier\objection? [After a pause.] The Chair hears none.
ThSvarticle is as follow s:
A
RECOMMENDATION TO CONGRESS.
(By Alfred W. Lawson.)
To
th e 3 fr \ !jc r s
S en a te : \
c f th e H o u se
o f R ep r e se n ta tiv e s
and
th e
U n ite d
S ta te s
As a private citizen I beg leave to address you, both individually and
collectively, naon a subject which I consider of vital importance to this
glorious Natiolk upon a subject which, although new and little under
stood at presen% must within a very short period take its place at the
very head of hufean interest and progress. I allude to air craft and
air navigation. \
I want to poiim out to you a few facts in connection with what
has already been ffecomplished in this new method of transportation
and what reasonably development may he expected in the immediate
future, and I want % show you with facts and figures and argumentjust why it becomes %ecessary at this time for Congress to give this
subject most careful \onsideration and bring to bear upon it that
rare good judgment aifil foresight which anticipates and avoids diffi
culties with preparedness, and thereby demonstrates' the wisdom that
distinguishes the preeminent minority from the eminent majority
j,,
offering this address, geiSdemen, I fully rceognize the great number
and variety of prcsent-da% problems you have to occupy your time
and, of course, it would bcYfureasonable to expect that you had given
any especial attention to t % development or the possibilities of air
transportation during its emmryo state; nor could you have been ex
pected to do so when taking%nto consideration that the majority of
our American publicists have segn fit to only spread broadcast the grue
some and sensational side of tli% subject, and thereby harass American
progress, in contradistinction to JUie attitude of the publicists of Euro
pean countries, who endeavor to Educate their people in the scientific
and industrial value of the movement.
So I address yo
thought to this gre
and give you the ueiieiH oi uve yea»s constant investigation of the
matter, summed up in the fewest pol&ible words and relating only A
that which concerns the people of tme United States the "most
i
address you as c-ne who knows.
Y
1
I speak not as the elastic dreamer, wife overleaps at a bound all the
obstacles which naturally block up the%>assageway of progress and
which require years to remove, nor as th%habitual doubter who with
eyes in the hack of his head, can see notlung to the fore, and’ natu
rally scouts aud denies the possibilities a t progress of any nature
whatsoever.
Y
I speak as one who has studied closely th%. lines of air craft devel
opment. its possibilities and probabilities, and Ailculatcd conservatively
regarding the time necessary to overcome certain mechanical and
human obstacles while attaining its natural andt healthy growth *Bv
knowing the facts and carefully weighing the theories T have obtained
a perspective from which my views on the subject should be as clear
1913
CONGRESSIONAL RECORD— SEJM TE
ton. The counsel of one company lias been with both com
mittees. lias pervaded the Capitol, has been present at the hear
ings which the President gave the conferees and also to the
commissioner of immigration from New York. It is they who
furnish the funds for the agitation, who till the newspapers
with advertisements, especially the newspapers published-in
foreign languages. I do not know why it is, but while great
resentment is felt toward any representatives of American rail
roads or American manufacturers who come here in behalf of
their interests, none is apparently ever felt toward those who
come in behalf of foreign steamships. These companies are
particularly interested in ,this matter, because the illiteracy
test would' bear more liard’ly on the birds of passage, as they
are called, than on any others. One source of opposition to this
lull has been from the railroads of tlie Southwest, who want
to bring in citizens of that nation which is just now exhibit
ing such marked capacity for self-government to work on their
roads. Even under existing law there; lias been great indigna
tion at what has been done in that direction as violating our
contract-labor laws. They tell us in excuse that these men
nre only seasonal laborers.' Mr. President, the seasonal laborers
are (he worst element that are allowed \to come in. In many
branches of immigration 30 per cent go, back, thus making a
double profit to the steamship companies.
I put it at 30 per cent, but the Secretary of Commerce and
Labor puts it higher. He says:
\
During the last fiscal year 838,172 aliens came Vo our shores—The figures, as I get them from the official reports, are that
1,017,155 came. Nonimmigrants and im niignm ts, o f course, are
all included in the word “ aliens.” Then the Secretary sa y s:
Although tlie net immigration of the year was billy a trifle ab/ve
400,000.
He makes the number who returned nearly 50 W cent. These
birds of passage do not come here, as the men o f '48 came in
the great immigration of that period, to make their homes,
build up the country, and become part of our citizenship. They
come here simply to take money out of the country. They come
for the summer; they go back in the autumn. They live in a
way which no American workman could endure, and then in
the autumn gather up the money they have made here and go
away, taking it hack to their own country. They itre an injury
to the country, not a help, and on that class the illiteracy test
would be particularly effective.
Iu the short time permitted to me I can n o t/trgue this ques
tion as it deserves to be argued. It has been argued soXmucli
that it should need no more argument. But; Mr. President, I
fail to understand, for my part, why it is that tlie United
States alone among nations is not thought to have the right
that all nations have to say who shall come within its borders.
It is flic only country in flie world where it is argued that
People born in other countries who have never seen the United
States are entitled to certain rights therein. It is for the citi
zens of the United States to say who shall come into their
country. That is a primary right of every sovereign nation.
Still less do I understand this extreme opposition to requiring
1]mt a man shall he able to read before he enters the United
Slates. \ve do not allow a man 1c/become a part of our body
Politic unless be can read and write bis name. In my State
lor Go years—and in many, if wdt most, of tlie States of the
* niou to-day—there is an illiteracy test applied as a prerequisite
lor voting. We do not.liesitate/to apply it to our own people.
d o force them to learn to rea/, no matter what their age, be
fore they can vote or he naturalized. Why is it that we should
hesitate to apply the same test to a foreigner who is coming
here to receive the great privilege of living and working in
Ibis country and perhaps of/becoming a citizen?
Mr. President, tlie belief m education in this country is one of
our great beliefs. Why shornd we, in the case of foreigners alone,
set fl premium on ignorance? Tlie rates of wages, the stand
ards of living for the American workman, are affected now by
this cry for more and cheap labor. It is better to go a little more
slowly in (iie development of this country, in piling lip fortunes,
*'Od see to it that we assimilate our citizenship as we go along.
Phe rates of wages a iy affected. That is why we have excluded
|be Chinese, and also because they lower the standard of living;
but most of all. Mr./President, under present conditions is the
Quality of American citizenship at stake. Congress, by an over
whelming majority, has decided that this is a reasonable defense
bf the quality of American citizenship, and 1 for one, Mr. Presibont, hope that this body and tbc other House will place this
bll upon the statute books.
Mr. WILLIAMS. I Ir. President, I want to add one word only
N
l° what has been said. This morning, in one of the arguments
blade by one of the Senators against the literacy test, he either
charged or intimated that it was being advocated because of a
“ prejudice against foreigners.” I want to say that, so far as I
am concerned, that charge falls liurtless. I have no sort of
prejudice against foreigners. 1 am, upon tlie contrary, of the
absolute conviction that a German or a Frenchman is as good
as I am, or as any other American is, in every respect, I
believe that within certain broad race lines human nature is
tlie same everywhere. The white man's human nature is the
same on the Mississippi, on (lie Hudson, on the Seine, on the
Tiber, and on the Thames. Tlie Chinaman’s human nature is
the same in Hongkong, Nanking, San Francisco, and New York.
Negro human nature is about the same in Mississippi, in Cape
Colony, in Senegambia, and in New York. The prejudice that
I have is not a prejudice against foreigners; it is a prejudice
against ignorance, and I do not care whether the ignorance is
foreign or native.
Mr. President, I am not peculiarly a coward; but there is one
thing that I am afraid of—I am as much afraid of ignorance
as a delicate woman is of a drunken man staggering upon a
narrow sidewalk. She knows that he lias no fixed design to
hurt her, but he may stagger against her; moreover, he may
ignorantly imagine that she has struck him and resent it in
blows. 1 am afraid of tlie man, whether foreign or native, who
gropes about blindly, striking blindly against the wrongs that
exist in the world without any information to teach him how
or whither to strike. We have got enough of that ignorant
resentfulness at home; we do not want to import any more of
it from abroad. My advocacy of llie literacy test is not based
upon animosity and antagonism or prejudice against foreigners
or any class of foreigners, but is grounded upon an absolute
distrust and fear of, as well as an absolute antagonism to, igno
rance itself—blind, groping, brutally striking, crass ignorance—
whether it is here or whether it is imported from abroad; and
there is no reason why, as legislators of a free American
country, we should submit further to its importation.
A very great man once said that no nation can ever hope to
live free and ignorant at the same time. You can not only not
hope to live free and ignorant at the same time, but you can
not liope to live largely free and largely ignorant at the same
time. Intelligence, somehow or other, will rule, and must rule;
but it is better that it should rule by a majority vote of intelli
gence, thus maintaining the symmetry of democratic and re
publican institutions. If it can not rule in any lawful way, it
will and must rule, anyhow, even though the majority be a
majority of ignorance.
I see no reason why any man who loves American institutions
should want anybody added to its citizenship or to its residency
hoping for citizenship, who is unable to read the Constitution
of the country to which he comes. Why, even men are dan
gerous whom a little learning makes dangerous things, and who
have not drunk deep of the Pierian spring. Men who can read
and write, but can not read the Constitution and understand
the institutions of the country to which they come are danger
ous. How much more dangerous must be the men who can not
read anything? They come here having “ clean minds,” it is
said: oh, yes; hut they are too clean; they are as clean as a
blackboard that has been newly rubbed off. It is tabula rasa,
and any demagogue and any scoundrel can write anything on
it that he is cunning enough to suggest and able enough to
impress, and controls and expresses all that (here is on it.
The PRESIDENT pro tempore. In accordance with fhe
unanimous-consent agreement, the vote will now he taken. The*
question is-----Mr. O’GORMAN. Mr. President, before taking the vote I
ask the Secretary to read the telegram which I send to the desk.
The PRESIDENT pro tempore. Without objection, the 1olegram will be read.
The Secretary read as follows:
New York,
F e b r u a r y 18 , 1913.
Senator O’Gorman,
C a p ito l,
W a sh in g to n , D .
C .:
Tlie Order of the Sons of Italy In America, in tlie name of its 30,000
members, protests against the passage of (he Burnett bill as unneces
sarily oppressive and against the interests of the l nlon. Please to
communicate this protest to the Senate.
Francis M ezzatf.sta,
S uprem e
V e n er a b le
of
th e
O rd er.
Mr. JOHNSTON of Alabama. I ask that the telegram which
I send to the desk he read.
The PRESIDENT pro tempore. The Senator from Alabama
asks unanimous consent for the reading of a telegram. With
out objection, the Secretary will read.
The Secretary read as follows:
Decatur, A la.,
Senator J ohnston,
W a sh in g to n ,
D.
F e b r u a r y 18, 1918.
C .:
The thousands of Junior Order United American Mechanics of Ala
bama urge on you to cast jour vote against Taft's veto on immigration.
'
Walter J. Nesrit,
P a s t M o tio n a l R e p r e s e n ta tiv e .
3318
CONGRESSIONAL E ECOED— SEXATK
Mr. FALL. I ask that the letter and telegram which I send
to the desk be read.
The PRESIDENT pro tempore. Without objection, the letter
and telegram submitted by the Senator from New Mexico will
be read.
The Secretary read as follows-:
Romans, A uk.,
F ebru a ry
l 'h
19 13.
R. F. D u c k w o r t h ,
N a tio n a l
n o tch
W a sh in g to n ,
D.
C .:
Call attention of Senators and Congressmen to farmers’ desire to have
immigration bill on statute books, even over President’s veto.
N a tio n a l
S ec reta ry
A . C. D a v i s ,
F a r m e r s ’ E d u c a tio n a l a n d
C o o p e r a t i v e U n i o n oJ A m e r i c a ,
F a r m e r s ' E d u c a t io n a l a n d C o o p e r a t iv e
U n io n o f A m e r ic a ,
W a sh in g to n , D .
C ., F e b r u a r y
l.'h 1913.
Catron
Clapp
Clarke, Ark.
Curtis
du Pont
Briggs
Chilton
F ebruary
NA S— 18.
Oliver
Gronna
Payntcr
Guggenheim
Shively
McCumber
Smith, Md.
Martine. N. .T
.
Smith. Mich.
O'Gorman
NOT VOTING— 5.
Hitchcock
Reed
18.
Stephenson
Stone
Warren
Watson
The PRESIDENT pro tempore. The bill is passed, more
than two-thirds of the Senators present having voted in the
affirmative. {-Manifestations of applause in the galleries. ) The
Chair will admonish the occupants of the galleries that no
demonstrations are allowed on their part.
/
PETITIONS AND MEMORIALS.
The PRESIDENT pro tempore presented a petition from sun
dry residents of Porto Rico and representatives of commercial
and industrial enterprises located in the city o f San Juan, P. R.,
praying for the enactment of legislation limiting the jurisdiction
of the United States District Court for Porto Rico, and also
■
providing for an increase in the salary of the judge thereof,
which was referred to the Committee on the Judiciary.
Mr. PERKINS. I present resolutions adopted by the Legis
lature of the State of California, which I ask may be printed in
the R e c o r d and referred to the Committee on Commerce.
There being no objection, the resolutions were referred to the
Committee on Commerce and ordered to be printed in the R e c
o r d , as follow s:
Mv D e \r S e n a t o r ' I beg to call your attention to the inclosed copy
of a telegram signed by the national secretary of the above organization
With reference to S. 3175.
.
.,
,, ,
The extensive membership of the above organization, as well as that
of the National Grange and Farmers’ National Congress, have been
petitioning for the very legislation contained in S. 3175, and their
le"is]ativeB committees have appeared before congressional committees
arguing for it annually with increasing interest.
The President in his 12-line veto message states that it is “ with
great reluctance” that he withholds his signature, and his only diffi
culty is the reading test recommended by eight or nine distinguished
members of the Immigration Commission, after its searching four years’
investigation, “ as the most feasible single method of restricting, unde
sirable immigration.”
/
The farmers of the country believe we have enough illiteracy/without
importing any to further increase taxation burdens, and are strongly
of the opinion arrived at by the commission that something ought to
be done to better regulate our present enormous immigration along the
The following resolution was offered by Mr. Guiberson :
lines of S. 3175. The fact that there were only 11,649 “Tamers ” in “ Whereas a bill has been introduced in the Senate of the United States
last year’s immigration of 1,017,155 (Annual Report, p. 73) and that
by Hon. F r a n c i s G . N e w l a n d s , of Nevada, which, according to its
we lost to Canada alone over 130,000 better farmers shows that some
title, proposes ‘ to create a board of river regulation and to provide
thing ought to be done to bring about a better balance in immigration.
a fund for the regulation and control of the llow of navigable rivers
Certainly a rudimentary education better fits for/the struggle for
in aid of interstate commerce, and as a moans to that end to pro
existence and for participation in our public affairs. It must be true
vide for flood prevention and protection and for the beneficial use
that 1 ,0 0 0 ,0 0 0 literates are more desirable on the average than 1 ,0 0 0 ,0 0 0
of flood waters and for water storage and for the protection of
illiterates.
watersheds from denudation and erosion and from forest fires, and
Trusting that you may be interested in our attitude, which is con
for the cooperation of Government services and bureaus with each
tained in “Senate Document No. 251 of this Congress, as well as the
other and with States, municipalities, and other local agencies ’ ;
House committee hearings, and that you may be disposed to see this
and
bill that was passed so decisively by the Senate last April, after three “ Whereas it has been proposed by the leading supporters of said bill
months’ consideration, become a law this session, I am, with the highest
that it be amended so as to provide for an appropriation of
esteem,
$5,000,000 annually for 1 0 years for the control of the Sacramento
Very t r u ly , y o u r s ,
R. F. D u c k w o r t h ,
and San Joaquin Rivers and their tributaries and for a like ap
C h a ir m a n N a tio n a l L e g i s l a t i v e C o m m itte e .
propriation for the control of the Colorado River; and
Mr. WEBB. I send to the desk a telegram, which I ask to “ Whereas this legislature is in hearty accord with the principles em
bodied in said bill and believes tluit the money proposed to be ex
have read.
pended under it and the cooperation provided for in it will pro
The Secretary read as follow s:
mote the general welfare ; and
“ Whereas the vastness and variety of the interests that will be bene
N a s h v i l l e , T e n n ., F e b r u a r y 1 8 , 1913.
fited by the expenditures contemplated in the proposed amend
Senator W i l l i a m R. W e b b ,
ments fully justify such participation by the National Government
W a sh in g to n , D . C .:
in the work of making the navigable streams of California as use
Thousands of Tennessee’s best citizens will gratefully remember if
ful as possible to the public: Therefore be it
you pass the immigration bill over Taft's veto.
“ R e s o l v e d b g t h e A s s e m b l y o f t h e S t a t e o f C a l i f o r n i a , That the Con
J ohn W . H ancock.
gress of the United States he, and both branches of said body hereby
Mr. MAETINE of New Jersey. Mr. President----- •
are. requested to pass said bill, with the amendments aforesaid, anil
that the Representatives of California in the Senate and the House of
Several Senators. Regular order!
Representatives be requested to use their best efforts to that end ; and
The PRESIDENT pro tempore. The regular order having be it further
been demanded, the question is, Shall the bill pass, the objec
■ i l c s o l v e d , That the chief clerk of the assembly be, and he hereby is,
tions of the President of the United States to the contrary not directed to send a copy of this resolution to each Senator and Repre
sentative in Congress from this State, to Hon. F r a n c i s G . N e w l a n d s ,
withstanding? As the Constitution requires that this vote to the Vice President of the United States, and to the Speaker of the
shall be taken by yeas and nays, the roll will be called.
Hon mi of Representatives.”
Adopted this 4th day of February, 1913.
Mr. O’GORMAN. Mr. President. I ask unanimous consent
L. B. M a l l o r e t , C h i e f C l e r i c .
to have read the telegrams tendered by the Senator from New
Jersey.
. Mr. OLIVER. Mr. President, a parliamentary inquiry.
The PRESIDENT pro tempore. The regular order having
been demanded, it can not he entertained, and the roll will
be called.
The Secretary proceeded 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 h i l t o n ].
I am informed that he is for this bill, and desires that I shall
vote, and I will do so. I vote “ yea.”
The roll call having been concluded, the result was an
nounced—yeas 72, nays IS, as follows :
Ashurst
Bacon
Bankhead
Borah
Bourne
Bradley
Brady
Brandegee
Bristow
Brown
Bryan
Burnham
Burton
Chamberlain.
Clark, Wyo.
Crane
Crawford
Culberson
YEAS— 72.
Cullom
La FoIIette
Cummins
Lea
Dillingham
Lippitt
Dixon
Lodge
Fall
McLean
Fletcher
Martin, A
’a.
Foster
Myers
Gallinger
Nelson
Gamble
Newlands
Gardner
Overman
Gore
Owen
Jackson
Page
Johnson, Me.
Penrose
Johnston, Ala.
Percy
Jones
Perkins
Kavanaugh
Pittman
Kenyon
Poindexter
Kern
Pomerene
Richardson
Root
Sheppard
Simmons
Smith, Ariz.
Smith, Ga.
Smith, S. C.
Smoot
Sutherland
Swanson
Thomas
Thornton
Tillman
Townsend
Webb
AT
Aetmore
Williams
Works
Mr. PERKINS presented a memorial of sundry citizens of
California, remonstrating against tlie enactment of legislation
compelling tlie observance of Sunday as a day of rest in tlie
District of Columbia, which was ordered to lie on the table.
Mr. CULLOM presented petitions of sundry citizens of AVestville, Chicago, Elgin, Danville, Peru, Moline, Springfield, Rock
ford, and Peoria, and of tlie editor of the Daily Jewish Courier,
of Chicago, all in the State of Illinois; of the publishers of the
North Star, of New York, N. Y .; of members of the Polish
National Alliance of America; and of the Polish Alma Mater
of America, praying that Congress sustain' the President’s veto
of the immigration bill, which were ordered to lie on the table.
He also presented petitions of John A. Logan, Jr., Camp, No,
17, of Danville; Robert M. Dyer Camp, No. 20, of A urora;
Schley Naval Camp, No. 5S, of Chicago; and of Lincoln Home
Camp, No, 04, of Springfield, Department of Illinois, United
Spanish War Veterans, all in tlie State of Illinois, praying for
the enactment of legislation granting pensions to widows and
orphans of soldiers of the Spanish-American War, which were
referred to the Committee on Pensions.
He also presented a petition of members of Rochelle Chapter,
Daughters of the American Revolution, of Rochelle, 111., pray
ing for the enactment of legislation to prevent the desecration
of the American flag, which was referred to the Committee on
the Judiciary.
He also presented a petition of the Manufacturers' Associa
tion of Illinois, praying for the establishment of a court of
1 9 1o .
°
CONGRESSIONAL RECORD— SENATE.
patent appeals, which was referred to the Committee on Pat
ents.
He also presented a resolution adopted by the Manufacturers’
Association of Illinois, favoring the establishment of a tariff
commission, which was referred to the Committee on I inance.
He also presented resolutions adopted by the Manufacturers’
Association of Illinois, favoring the creation of a national drain
age commission, which were referred to the Committee on Irri
gation and Reclamation of Arid Lands.
He also presented a petition of sundry citizens of Elgin, 111.,
Praying for the enactment of legislation to increase the com
pensation allowed railroads for carrying the mails, which was
referred to the Committee on Post Offices and Post RoMs.
He also presented petitions of sundry citizens o f New Canton,
Aew Boston, Peotia, Pleasant Hill, Monmouth, Rockfort, Biggsville, Oquawka, add Jacksonville, all in the State of Illinois, and
°f sundry citizens \>f Hannibal, Mo., praying for €he enactment
°f legislation extending the jurisdiction of the Mississippi River
Commission as farViorth as Rock Island, 111., which were or
dered to lie on the table.
Mr. ASHURST presented a resolution passed by the Chamber
°f Commerce of PrAcott, Ariz., favoring the adoption of a
National budget system tending to provide better business
methods for operating^ the finances of the Government, which
referred to the Committee on Finance.
He also presented a petition of sundry citizens of Glendale,
Anz., praying for the enactment o f legislation restoring to the
r
mi (tee on Public Lands. \
Mr. NELSON presented a^etitibn of sundry citizens of Pipemone, Minn., praying that an appropriation of $60,000 be made
tor the erection of a post-offi% building in that city, which was
referred to the Committee on Public Buildings and Grounds.
He also presented memorials of the congregations of the
Seventh-day Adventist Churches of Pipestone, Bath, and Sta
bles, all in the State of Minnesota, remonstrating against the
enactment of legislation compelling the observance of Sunday
'*s a day of rest in the District of .Columbia, which were ordered
1° lie on the table.
He also presented a j petition •of members of the Dakota
'
County Good Roads Association, of Minnesota, praying that an
appropriation be made for the ^construction of good roads
, h'oughout the country, which was’ referred to the Committee on
Sericulture and Forestry.
Ialso presented a memorial of members of the General
, oueration of Woman's Clubs, of Cfipokston, Minn., remonstratn ® against the transfer of the control of the national forests to
■A. Seynral States which was referred to the Committee on
Heservatiojs and the Protection of Game.
Mr. BRISTOW presented memorials of sundry citizens of
s
Lbcaid, Lebo, and Logan, all in the IState of Kansas, remon‘ irating against the enactment of legislation compelling the
)servauce of Sunday as a day of rest in the District of Columa, which w e J ordered to lie on the table.
Ri «• ^ ^HRIIN presented a memorial of sundry citizens of
!'’
tir> a*°’
remonstrating against the enactment of legislajjj b compelling the observance o f Sunday as a day of rest in the
Mnct of (Jplumbia, which was ordered to lie on the table,
j, ‘ C'- JONES presented a memorial of sundry citizens of Seat,
wash., remonstrating against the enactment of legislation
n w A ^ng for the parole of Federal life prisoners, which was
j red to .lie on the table.
x,..,e also presented a petition of members of the Woman’s
ren Son.
Marshall Club, of Seattle, Wash., praying for the
v. l
by the United States of the Republic of China,
lc‘b was referred to the Committee on Foreign Relations,
r . • POMERENE. I present a joint resolution passed by the
in fi a^ure of the State of Ohio, which I ask may be printed
C 1 R ecord and be referred to the Committee on Agriculture
®
and Forestry.
I here hoim
. — e being no objection, the joint
was reterr^
|° the Committee on Agriculture and I oiestiyfe
be printed in the R ecord, as follows:
v
<
#
Se»ato joint resolution 0 , requesting SenM orsnnaR e^sentanve^from
Ohio in the National Congress to urge the enaC
tm|it or
law regulating the exportation of food products.
.
That the
8n®c«oJvcd b y t h e G e n e r a l A s s e m b l y
o t the United
P-aators and Representatives of Ohio in the C ?, ■ pnactment of a
States he, and they are hereby, requested to urge the
nceessary
law permitting the exportation of
‘ 0 are gelling at reaProducts only during such periods when ^ e x p o r t a t io n of such
‘ Oiiahle prices in this country, and prohibitinB t
- tbej 0mes so high
products before the average retail puce of
ljie w01uiug people
®? to l>e out of proportion to the average \\a0 t»
01 this country.
r>r
B e i t fm rU teiis m d U Q fL . That the secretary of. the State of Ohio trans
m immediately n
it,
nro^ M frw
T V aaaatsu of.Tt.i> resolution, a copy ( h e r e o f
tfi
to each ot the Senators and
JJm Ohio in the Congress
m
of the United States.
* '
’
|
i
S p e a k e r o f t h e H o u s e o f R e p r e s e n t a t iv e s .
H u gh L. N ic h o l s ,
P r e s id e n t o f th e S e n a te .
Adopted January 2 2 , 1913.
Mr. OWEN. I present a resolution adopted by the Legislature
.
of the State of Oklahoma, which I ask may be printed in the
R e c o r d and b e referred t o the Committee on the Judiciary.
There being no objection, the resolution was referred to (he
Committee on the Judiciary and ordered to bo printed in the
R e c o r d , as follow s:
„
House resolution 1G
.
Whereas the Suprem Court of the United States has nullified the pas
e
sage of an act by the lawmaking power of the State of Texas that no
contract m
ade with an individual in the State of Texas was binding
on said individual or corporation providing for the sale of articles or
merchandise manufactured or controlled by a trust, it being held that
the exercise of this power by a State was an interference with an
interstate commerce: Be it
R e s o lv e d , First, that it is the sense of the Legislature of the State
of Oklahoma, and we hereby m orialize the Congress of the United
em
States, that that body passed an act at this session of Congress to
regulate trusts in the following m
anner, to wit: (a) First. That it lie
provided in said act that any contract or obligation m
ade with any indi
vidual or corporation or association in reference to the sale, barter, or
handling in any m
anner whatsoever of any product controlled or manu
factured or bartered or sold by any trust or any corporation or indi
vidual belonging to or associated with in any manner whatsoever in
carrying on his business with a trust, shall be void; and that it shall
be a complete defense to the payment exacted for any article or m
er
chandise, or any product of any trust so controlled, manufactured, or
sold to plead as a defense to the payment of said obligation in any
court of competent jurisdiction in any State of the United States as
matter of fact that said subject matter of said contract was contracted
for and with such corporation, individual, association, or trust.
Second. That Congress authorize in said act that State courts have
concurrent jurisdiction with the district Federal trial courts of the
United States.
Adopted by the house of representatives February 3, 1913.
I hereby certify that this is a true and correct copy of the above and
foregoing resolution.
Gus F o o l , C h i e f C le r k . '
Mr. MYERS. I present a joint resolution passed by
Legislature of the State of Montana, which I ask may
printed in the R e c o r d and be referred to the Committee on
Judiciary.
There'being no objection, the resolution was referred to
Committee on the Judiciary, and ordered to be printed in
R e c o r d , asVollows:
the
he
the
the
(he
V
House joint resolution 2.
A joint resolution ratifying an amendment to the Constitution provid
ing that Senators shall he elected by the people of the several States.
W
hereas both Iloitfees of the Sixty-second Congress of the United States
of America, at itk second session, by a constitutional majority of twothirds thereof, m
ade the following proposition to am
end the Constitu
tion of the United States of America in the following words, to wit:
“ Joint resolution proposing an amendment to the Constitution provid
ing that Senators shall be elected by the people of the several States.
.
■t
i
. rfe
l
r*
1 *
“ R e s o lv e d b y t h e S c n a t \ a n d H o u s e o f R e p r e s e n t a t i v e s o f t h e U n it e d
S t a t e s o f A m e r ic a i n C o n g r tiss a s s e m b le d ( t w o - tliir d s o f e a c h H o u s e c o n
c u r r in g t h e r e i n ) , That in lieu of the first paragraph of section 3 of
Article I of the Constitution^ of the United States, and in lieu of so
m
uch of paragraph 2 of the "sam section as relates to the filling of
e
vacancies, the following he proposed as an amendment to the Constitu
tion, which shall be valid to ah intents and purposes as part of the
Constitution when ratified by thp legislatures of three-fourths of the
States:
\
, . .
“ The Senate of the United States shall he com
posed of two Sen
ators front each State, elected by tli& people thereof, for six years; and
each Senator shall have one vote. Tiki electors in each State shaK have
the qualifications requisite for electors of the most num
erous branch of
the State legislatures.
\
.
“W
hen vacancies happen in the representation of any State in the
Senate the executive authority of each Slate shall issue writs of elec
tion to fill such vacancies : P r o v id e d , That the legislature of any State
may em
power the executive thereof to m
ake temporary appointments
until the people fill the vacancies by election as the legislature may
“ This amendment shall not be so construed as to affect the election
or term of any Senator chosen before it becom valid as part of the
es
Constitution.”
\
Therefore be it
A ,,
.
,
R e s o lv e d by t h e S e n a t e a n d H o u s e o f R e p r e s e n t a t i v e s o f t h e S t a t e o f
M o n ta n a , That the said proposed amendment 1ft the Constitution of
the United States of America be, and the sam is hereby, ratified by the
e
Legislative Assembly of the State of Montana: Andt further be it
R e s o lv e d . That certified copies of this joint resolution he forwarded
by the governor of this State to the Secretary of S%te at Washington
and to the presiding officers of each House of the National Congress,
A. D. M acdonald,
S p ea k er o f th e H ou se.
Mc Dow ell,
P r e s i d e n t e* t h e S e n a te .
W. W
.
Approved, February 7, 1913.
S.
Filed February 7, 1913, at 3.20 o’clock p. m.
V.
Ste w a r t,
A G overn or.
A. M . A lderson,
S e cr e ta r y o f S ta te .
U n i t e d S t a t e s o f A m e r i c a , S t a t e o f M o n ta n a , s s :
I, A. M Alderson, secretary of state of the State of Montana, do
.
hereby certify that the above is a true and correct copy of house joint
i
CONGRESSIONAL RECORD— SENATE.
resolution No. 2, ratifying an amendment to the Constitution providing
that Senators shall he elected by the people of the several States,
enacted by the Thirteenth Legislative Assembly of the State of Montana,
and approved by S. V. Stewart, governor of said State, on the 7th day
of February, 1913.
In testimony whereof I have hereunto set my hand and affixed the
great seal of said State.
Done at the city of Helena, the capital of said State, this 7 th day
of February, A. D. 1913.
[ seal .]
A. M. A lder so jr,
S ec reta ry
Lands.
There being no o b j e c t i o n ,
Committee o n P u b l i c L a n d s
R
ecord,
by the
printed
Public
U n ite d
S ta te s
S en a te ,
W a sh in g to n ,
of
S ta te .
U n ite d S ta te s ,
Your memorialists, the legislators of the State of Idaho, respectfully
represent that—
Whereas a bill known as the three-year homestead bill was passed
by tbe Senate of the National Congress on February 5, 1912, said
bill being without any requirements as to the cultivation of home
steads ; and
Whereas the said bill was afterwards amended in the National House
of Representatives so as to require cultivation, and was finally ap
proved on June G 1912; and
,
Whereas said cultivation clause works a hardship upon settlers who
have taken up, or who will take up, homesteads in the timbered sec
tions of the State of Idaho and in other Western States in that those
settlers who are dependent upon their own resources and labor to
maintain their families and to improve their homesteads can not
comply with the provisions of said law ;
We therefore pray and earnestly urge that relief be granted to these
homesteaders by appropriate amendment so as to make the provisions
of the said law applicable to the timbered sections of this and other
.Western States..
The secretary of state of the State of Idaho is hereby instructed tp
forward copies of this memorial to the Senate and House of Represen
tatives of the United States, and copies of the same to our Senates
and Representatives in Congress.
J
This memorial passed the house of representatives on the 23d. "day
of January, 1913.
/
C. S. F rench , . ’
Spea ker
of
th e H o u se
o f R e p r e se n ta tiv e s.
This memorial passed the senate on the 31st day of January, 1913.
H erman 1-1. T aylor ,,
P re sid e n t o f
th e
S en a te .
I hereby certify that the within house joint memorial originated in
the house of representatives during the twelfth session of the Legisla
ture of the State of Idaho.
[ se a l .]
D avhjp B urrell ,
C h ief
C le r k
of
th e
H ou se
of
R ep r e se n ta tiv e s.
Mr. WORKS presented resolutions adopted by the General
Assembly of the State of California, favoring the passage of
the so-called New lands river-regulation bib with certain proposed amendments, which were referred to the Committee on
Commerce.
'
M r. CUMMINS. I present a num ber’ of telegram s from citi
zens o f m y State w b icb I ask m ay be printed in the R ecord.
There being no objection, tbe telegrams were ordered to lie
on tbe table and to- be printed in the R ecord, as follow s:
B u r L n g t o n , I o w a , F e b r u a r y 1 /,, 19 13 .
A lbert B. Cummins ,
W y o m in g
Jr
A p a r tm e n ts,
W a sh in g to n , D .
C .:
The Senate Committee on Commerce has cut out our levee item in
the House hill. This is a very important measure for the Mississippi
River throughout _southeastern Iowa, and goes from the State line1 to
Rock Island, I wish you would do all you possibly can to have same
restored by working with your fellow Senators and vote for same. An
answer will be appreciated.
A l e x M o ib .
M u s c a t i n e , I o w a , F e b r u a r y 1 5 , 1913.
S e n a t o r A . B. C u m m i n s ,
W a sh in g to n ,
D.
C .:
Muscatine unanimously urges your help in restoring House provision
extending Mississippi River Commission’s jurisdiction up to Rock Island.
C h a ir m a n R i v e r s
J ohn P. B reen,
a nd H a r b o r s C o m m itte e ,
M u s c a tin e C o m m e r c ia l C lu b .
M u s c a t i n e , I o w a , F e b r u a r y 1 5 , 1913.
S e n a to r A . B .
C u m m in s ,
W a sh in g to n , D . C .:
Muscatine unanimously urges your assistance in restoring House pro
vision extending Mississippi River Commission jurisdiction up to Rock
15 , IO l$
O. C. F armer,
lir m a n B o a r d
W.
o f S u p e r v iso r *
H. H urley
*
C o u n ty A tto rn c u
H. W. Bakes ,
j'
C o u n ty
A u d ito r
E d ito r
T r ib u n e .
J. A. B igger,
f
B iggsville, III., F e b r u a r y
f
W a s h in g to n , D . C .:
Hon. A. B. CuMMrNS,
U n ite d
S ta te s
S e n a te ,
15. x o n
'
Kindly use influence to restore levee item in House bill.
F rank E. A bbey
J
M ount P leasant, I owa,
F ebru a ry
15, i y ^
Hon. A lbert B. Cummins,
House joint memorial 1.
*
F ebru a ry
Senate Committee on Commerce has 1
out item in House hill «
volving interests of southeastern Iowa ; v*ry important to this count1 1
1'
restoration of this will be appreciated bj&Jeastern Iowa.
1
!
U n ite d
th e h o n o r a b le th e S e n a to r s a n d R e p r e s e n ta t i v e s o f th e
-in C o n g r e s s a s s e m b l e d :
A
,
D .j
as fo llo w s :
S ec reta ry
The
Wapei.lo,j
t h e m e m o r i a l w a s referred t o t h e
a n d o r d e r e d t o b e p r i n t e d in t h e
[Certificate of certified copy.]
S tate of I daho , D epartment of S tate .
I Wilfred L. Gifford, secretary of state of the State of Idaho, do
hereby certifv that the annexed is a full, true, and complete transcript
of bouse joint memorial No. 1, by Mason. Passed tbe house January
23, 1913; passed the senate January 31, 1913; which was filed in this
office on the 5th day of February, A. D. 1913, and admitted to record.
In testimony whereof, I have hereunto set my hand and affixed the
great seal of the State. Done at Boise City, the capital of Idaho, this
7th day of February, A. D. 1913, and of the independence of the United
States of America tbe one hundred and thirty-seventh.
[ seal .]
W ilfred L. G ifford ,
To
Island because of the levee and needs of Muscatine Island and the
tom lands of Illinois opposite Muscatine,
ot'
W m . H offman .
F. D. Tnncrop.
W. S.
G. M.
J. L. Gie s l e r .
<d K oelee , M a y o r
Hon. A. B. Cummins ,
o f S ta te .
Mr. BRADY. I p r e s e n t a j o i n t memorial adopted
L e g i s l a t u r e of t h e S t a t e of Idaiio, which I ask may be
i n t h e R e c o r d a n d b e referred to the Committee on
F ebruary 18
S ta te s
S en a te ,
W a sh in g to n ,
D.
C .:
The Senate Committee on Commerce has cut out our levee item in
the House bill. This is a very important measure for the Mississinnr
River throughout southeastern Iowa and goes from the State line
Rock Island. I wish you would do all you possibly can to have sarn«
restored by working with your fellow Senators and vote for same. a1
®
answer will he appreciated.
'
a
J as . T. W hiting.
J
Hon. A. B.:*Uummixs ,
U n ite d
S ta te s
S en a te ,
F ort Madison, I owa,
F ebru a ry
is,
1013
W a s h in g to n , D . C .:
The Senate Committee on Commerce has cut out levee item in th«
House bill. This is a very important measure for the Mississippi RiV j!
p
througRont southeastern Iowa, and goes from the State line to Rock
Island. We wish you would do all you possibly can to have same re*
stored by working with your fellow Senators and vote for same. An
answer will be appreciated.
u
J. R. Feailey ,
C
S e c r e ta r y F o r t M a d iso n
F ir s t A sso c ia tio n .
Mr. OLIVER presented a petition o f the Chamber of Com
merce of Pittsburgh, Pa., praying for the passage of the socalled Page vocational education bill, which was ordered to ]je
on the table.
He also presented a petition of the Ministerial Association of
Altoona, Pa., praying for the enactment of legislation provid
ing for the retirement of aged and infirm civil-service employees
which was referred to the Committee on Civil Service and Re
trenchment.
He also presented a petition of the Grain and Hay Exchange
of Pittsburgh, I’a., praying for the enactment of legislation to
fix the requirements governing the receipt, transmission, dei livery, and preservation of messages of interstate telegraph and
telephone companies, which was referred to the Committee on
Interstate Commerce.
Mr- BURTON presented the petition of A. H. Reed, chairman of the executive committee of the Lake Superior and
j Mississippi River Canal Commission, praying for the enact■ enact
ment of legislation relative to the improvement of navigable
rivers, which was referred to the Committee on Commerce.
Mr. CRAWFORD presented a petition of members of the Com
mercial Club of Webster, S. Dak., praying for the adoption of ;i
1-eent letter postage, which was referred to the Committee on
Post Offices and Post Roads.
Mr. BRANDEGEE presented a petition of the Little River
Grange, Patrons. of Husbandry, of . Hampton, Conn., praying for
. _. . ..
.„
j the enactment or legislation providing for the extension ot agricultural colleges, which was ordered to lie on the table.
He also presented memorials o f sundry citizens of Derby and
Ansonia, in the State of Connecticut, remonstrating against the
passage of the so-called Dillingham-Burnett immigration bill
which were ordered to lie on the table.
Mr. TOWNSEND presented telegrams in the nature of peti
tions from the Polish National Benevolent Society, of Grand
Rapids, Mich., and from Charles K. Johanson, publisher of the
North Star, of New York, N. Y., praying that Congress sus
tain the veto of the President on the immigration bill, which
was ordered to lie on the table.
Mr. GALLINGER presented a petition of members of Old
Number Four Chapter, Daughters of the American Revolution
of Charlestown, N. H., praying for the enactment of legislation
to prohibit the desecration of the flag of the United States
which was referred to the Committee 011 the Judiciary.
A
*■
COXGRESSIOXAL RECORD— SEXATE.
1913.
tiiniP6* ! 8 IcSislation in favor of an individual, tho doparlraont believes
»<.?• ’ le facts in the case warrant its recommendation of favorable
rn tn Ub011
<>n
mensure as being also in the interested: the GovernIn view of the above, the department recommaifis that favorable
action be taken upon this measure (S. 8384).
Faithfully, yours,
JFn-a.iv A ndrews,
A c tijm F d e c r c ta r y
T be C h a ir m a n C o m m it t e e
on
o f th e N a v y.
N a v a l Aj ^ a ir s ,
V n jfft d S t a t e s S e n a t e .
bills and jo in t
RESORPTION
introduced .
,.
J and a joint resolutio^nvere introduced, read the first
’ jnie, ?^d, by unanimous cogent, the second time, and referred
as follot^sL
Ry Mr. w f e s ^
A bill (S. 8506)
|ng an increase of pension to Margaret
A. Bennett (w ith
omprmj4ng paper); to the Committee on
tensions.
By Mr. M AR^S- of Virginia:
Allman and others;
, ** bill (S.
for the relief of
i° the Comnwtee on Claims.
By Mr. JffliyE L Y : *
jsion to Henry
p A bill
8508) granting an increase of
r«irley fwith accompanying papers) ; and
, A bitr (S. 8509) granting an increase of pension to George A.
-lurks (with accompanying papers) ; to the Conmuttee on
1 on sfon s.
By Mr. McLEAN:
A bill (S. 8510) granting an increase of pension to Sarah .A.
A
Sw.°ld (with accompanying papers) ;
A bill (S. 8511) granting an increase of pension to Sophronia
B- Sawyer (with accompanying papers) ; and
A bill (S. 8512) granting an increase of pension to Catherine
,A. French (with accompanying papers) ; to the Committee on
■Pensions.
By Mr. OWEN :
A bill (S. S513) to authorize certain changes in restricted
allotments of the Indians of the Five Civilized Tribes of Okla
homa ; to the Committee on Indian Affairs.
By Mr. CURTIS :
A bill (S. 8514) granting a pension to Esther Jrfv*etfmpbell
(With accompanying papers); to the Committe^fllii Pensions.
By Mr. SMITH of Michigan:
A bill (S. 8515) providing for the purchase of a site and the
orectifm of a public building thereon at Calumet, in the State
Michigan ; to the Committee on Public Buildings and Grounds.
By Mr. CHAMBERLAIN :
I A bill (S. $517) making lands within the State of Oregon that
hive been withdrawn or classified as oil lands, subject to entry
’Rider the homestead or desert-land laws; to the Committee on
1 '’bile Lands.
\
By Mr. WARRE:
a, A bill (S. 851S) t^im en d an act entitled “An act* providing
hat the State of Wj’Oming be permitted to relinquish to.the
(hited States certain iVids heretofore selected and to- select
ther lands from the pulfWc domain in lieu thereof,” approved
Pril 12, 1910 (with accoi\>anying papers) ; to the Committee
0 1 Public Lands.
1
By Mr. SMOOT:
0 A bill (S. 8519) relating to (V; temporary filling of vacancies
curring in the offices of register and receiver o f district land
to the Committee on Publ\ Lands.
By Mr. CUMMINS:
\
/ A bill (g. 8520) granting a pens\n to William II. Spencer
t with, accompanying papers) • to tlu Committee on Pensions.
By Mr. BRADY:
A bill (s. 8521) granting a pensibh V John Orr (with achhpanying papers); to the Committee o\Pensions.
% Mr. KENYON :
j A bill (s, 8522) to prevent*'the employment of females in
1 Us. factories, or manufacturing establisbitents for a longer
1
ihri°d than eight hours; td the Committee \ Education and
I'flhnv
_____ ,. •
^abor.
_ .
-r xS *
L
A bill (s . 8523) for -the relief of John Daulmnnan; to the
*-°nunittee on Mililau^Affairs.
t t ; and
A bill (S. 8524) grfinting a pension to Kate Hi
_
A bill (s. 8525>" granting an increase of pensio __ Joanna
Brainer , to the Committee on Pensions.
By Mr. CLA&K o f Wyoming:.
.
nfW rtain
A bill (S. -'8526) to provide for the punishment o f ^ r t a n
jumes against the United States (with accompan5inB pf^e )
0 (be Committee on the Judiciary.
By Mr. BRADLEY:
.
.. „ nr„hase of a
A bill (S. 8527) authorizing and directing the pure for a Government building in BarbomwHe, I y .,
Committee on Public Buildings and Grounds.
Sm
u)
r
*
3323
A bill (S. 8528) granting an increase of pension to Adeline
Stoker (with accompanying papers) ;
A bill (S. S529) granting an increase of pension to Elender
B. Gabbard (with accompanying papers) ;
A bill (S. S530) granting an increase of pension to Mary,
Hammock (with accompanying papers) ;
A bill (S. 8531) granting an increase of pension to Katie
Royston (with accompanying papers) ;
A bill (S. 8532) granting an increase of pension to Caroline
Adams (with accompanying papers) ;
A bill (S. 8533) granting an increase of pension to Levi Hos
kins (with accompanying papers) ;
A bill (S. 8534) granting a pension to Juliet S. White; and
A bill (S. 8535^ granting an increase o f pension to Alfred
Lewis (with accompanying papers) ; to the Committee on Ten
sions.
/
By Mr. NELSON:
A bill (S. 8536) to authorize the construction of a bridge
across the Mississippi River in Beltrami County, in the State of
Minnesota; to the Committee on Commerce.
By Mr. JONES : A bill (S. 8537) to extend the time for the completion of the
Alaska Northern Railway, and for ether purposes; to the Com
mittee on Territories.
By Mr. STONE :
A bill (S. 8538) to authorize the St. Louis & W estern Traction
T
Co. to construct a bridge across the Missouri River near Weldon
Springs Landing, in the State of Missouri (with accompanying
papers) ; and
A bill (S. 8539) to authorize the St. Louis Belt, Illinois &
Eastern Traction Co. to construct a bridge across the Mississippi
River near the mouthiof the Missouri River (with accompany
ing papers) ; to the Committee on Commerce.
By Mr. WETMORE
A joint resolution (S. J. Res. 162) to exempt the National
Academy of Sciences 'from the payment of duty on medals im
ported for presentation by it in recognition of research w ork;
to. the Committee on Finance.
rt
'll?
I.
AMENDMENTS TO APPROPRIATION RILLS.
Mr.,BRISTOW. On yesterday I submitted an amendment
providing an appropriation wfor a pavement around the post
office and courthouse at Salina, Kans., intended to be proposed
to the sundry civil appropriation bill, and it was referred to the
Committee on Public Buildings and Grounds. I move that that
committee be discharged from As further consideration and that
it be referred to the Committe^on Appropriations.
The motion was agreed to.
Mr. BROWN submitted an amendment proposing to appropalate $68,000 for the construct®!! of a United States postoffice building at Auburn, Nebr., intended to be proposed by him
to the omnibus public-buildings bil\ which was referred to the
Committee on Public Buildings and|Grounds and ordered to be
printed.
He also submitted an amendment^proposing to appropriate
$125,000 for the construction of a United States post office, land
office, and weather bureau building atyAl fiance, Nebr., intended
to be proposed by him to the omnilkis public-buildings bill,
which was referred to the Committee J n Public Buildings and
$
Grounds and ordered to be printed.
\
He also submitted an amendment proposing to appropriate
$100,000 for the construction of a United States post-office build
ing at Wahoo, Nebr., intended to be pr%)°sed by him to the
omnibus public-buildings bill, which was Inferred to the Com
mittee on Public Buildings and Grounds* and ordered to be
printed.
\
Mr. CLARKE of Arkansas submitted an Amendment provid
ing that hereafter the salary of the United^States district at
torney for the western district of Arkansas Sjjhall be $4,000 per
annum, and that hereafter the salary of the United States mar
shal for the western district of Arkansas sli|dl be $4,000 per
annum, intended to be proposed by him to the^sundry civil ap
propriation bill, whidb. was referred to the Committee on Ap
propriations and ordered to be printed.
Mr. FLETCHER submitted an amendment proposing to ap
propriate $85,000 for the purchase of a site and the erection of a
public building thereon at Apalachicola, Fla., intended to be pro
posed by him to the omnibus public buildings bill, which was
referred to the Committee on Public Buildings and grounds and
ordered to be printed.
j
Mr. CURTIS submitted an amendment proposing? to appro
priate $71,000 for the purchase of a site and the erection thereon
of a post-office building at North Topeka, Kans., etc., imended to
be proposed by him to the omnibus public buildings bill, which
was referred to the Committee on Public Buildings and Grounds
and ordered to be printed.
,v
i ,p
3324
COXGrEESSIONAL RECOED— SENATE.
E ebeuaby 1 8 ,
Mr. GALLINGER submitted an amendment proposing to
He also submitted an amendment proposing to appropriate
appropriate $1,750,000 for the construction of an armory build $15,000 for a United States post-office building at Monte Vista
ing for the National Guard of the District of Columbia, etc., Colo., intended to be proposed by him to the omnibus public
intended to be proposed by him to the sundry civil appropria buildings bill, which was referred to the Committee on Public
tion bill, which was referred to the Committee on Appropria Buildings and Grounds and ordered to be printed.
He also submitted an amendment proposing to increase the
tions and ordered to be printed.
He also submitted an amendment proposing to amend section appropriation for the United States post office at Fort Morgan
9 of the act of March 1, 1911, relative to the protection of the Colo., from $55,000 to $75,000, intended to be proposed by mu’
watersheds of navigable streams, etc., intended to be proposed to the omnibus public buildings bill, which was referred to the
by him to the Agricultural appropriation bill, which was re Committee on Public Buildings and Grounds and ordered to
ferred to the Committee on Agriculture and Forestry and or be printed.
Mr. PAYNTER submitted an amendment proposing to ap.
dered to be printed.
Mr. BRADLEY submitted an amendment proposing to ap propriate $5,000 for a United States post-office building
propriate $250,000 to carry into effect the provisions of the act Falmouth, Ivy., intended to bo proposed by him to the omnibus
of April 2, 1912, providing for the celebration of the semicen public buildings bill, which was referred to the Committee ou
tennial anniversary of the act of emancipation, etc., intended to Public Buildings and Grounds and ordered to be printed.
Mr. PENROSE submitted an amendment proposing to ap
be proposed by him to the sundry civil appropriation bill,
which was referred to the Committee on Appropriations and propriate $75,000 to acquire a site and erect thereon a Uniteq
States post-office building and other Government offices at State
ordered to be printed.
He also submitted an amendment providing for the establish College, Pa., intended to be proposed by him to the omnibus
ment and operation of dispensaries in Knott and Perry Coun public buildings bill, which was referred to the Committee on
ties, Ky., by the Public Health Service of the United States, for Public Buildings and Grounds and ordered to be printed.
Mr. POMERENE submitted an amendment proposing to in.
the purpose of demonstrating, investigating, treating, and pre
venting trachoma, etc., intended to be proposed by him to the crease the appropriation for demonstrating the best method of
sundry civil appropriation bill, which was referred to the Com preventing hog cholera from $45,000 to $100,000, etc., intended
mittee on Appropriations and ordered to be printed.
to be proposed by him to the agricultural appropriation bill,
Mr. JONES submitted an amendment providing for the re which was referred to the Committee on Agriculture and
tirement of Thomas Harrison, a clerk in class 4 at the United Forestry and ordered to be printed.
States Naval Observatory, who has served in that department
Mr. DILLINGHAM submitted an amendment proposing to
for 60 consecutive years, etc., intended to be proposed by him increase the appropriation for nutrition investigations from
to the naval appropriation bill, which was referred to the Com $16,000 to $19,000, etc., intended to be proposed by him to
mittee on Naval Affairs and ordered to be printed.
the agricultural appropriation bill, which was referred to
He also submitted an amendment proposing to appropriate the Committee on Agriculture and Forestry and ordered to
$70,000 to provide for medical and sanitary relief of Eskimos, be printed.
Aleuts, Indians, and other natives of Alaska, etc., intended to
He also submitted an amendment providing that nothing
be proposed by him to the sundry civil appropriation bill, which contained in the act approved June 26, 1912, shall be so com
was referred to the Committee on Appropriations and ordered strued as to prohibit the payment from the appropriation for
to be printed.
the Department of Agriculture of expenses incidental to the
He also submitted an amendment proposing to appropriate delivery of lectures, etc., intended to be proposed by him to the
$400 to purchase for the Skagit Tribe of Indians in the State of agricultural appropriation bill, which was referred - to the
Washington a tract of land used by them as a tribal burial Committee on Agriculture and Forestry and ordered to be
ground, etc., intended to be proposed by him to the Indian ap printed.
propriation bill, which was ordered to lie on the table and be
He also submitted an amendment proposing to appropriate
printed.
$150,000 for the purchase of the right of the United States
Mr. WETMORE submitted an amendment providing that the to use the Winestock process in the recovery of Government
appropriation in the sundry civil act approved March 4, 1911, waste paper, etc., intended to be proposed by him to the sundry
for removing the fence and wall around the Botanic Garden, civil appropriation bill, which was referred to the Committee
etc., is hereby made available for the fiscal year 1914, intended on Appropriations and ordered to be printed.
to be proposed by him to the sundry civil appropriation bill,
Mr. ROOT submitted
which was referred to the Committee on Appropriations and the appi'opriation for thean amendment proposing to increase
United States post office at Oneida
ordered to be printed.
N. Y., from $15,000 to $25,000, intended to be proposed by
Mr. PERKINS submitted an amendment providing for the
participation of the United States in the Panama Pacific Inter him to the omnibus public buildings bill, which was referred
to the Committee on Public Buildings and Grounds and ordered
national Exposition, intended to be proposed by him to the to be printed.
sundry civil appropriation bill, which was referred to the Com
Mr. THOMAS submitted an amendment proposing to increase
mittee on Industrial Expositions and ordered to be printed.
Mr. OVERMAN submitted an amendment proposing to appro the appropriation for the United States post office at La Junta
priate $2,810.20 for an additional amount required for the care Colo., from $10,000 to $25,000, intended to be proposed by him
and treatment of indigent patients under the contract made with to the omnibus public buildings bill, which was referred to the
the George Washington University Hospital for the fiscal years Committee on Public Buildings and Grounds and ordered to
1909, 1910, 1911, and 1912, etc., intended to be proposed by him be printed.
Mr. LODGE submitted an amendment proposing to increase
to the general deficiency appropriation bill, which was referred
to the Committee on Appropriations and ordered to be printed. the appropriation for the United States post office at South
Mr. CRAWFORD submitted an amendment proposing to ap Framingham, Mass., from $15,000 to $25,000, intended to be
propriate $2,000 for cement sidewalks and electric-light post proposed by him to the omnibus public buildings bill, which
lamps and fixtures about the new post-office building at Huron, was referred to the Committee on Public Buildings and Grounds
S. Dak., etc., intended to be proposed by him to the sundry civil and ordered to be printed.
He also submitted an amendment proposing to increase the
appropriation bill, which was referred to the Committee on
appropriation for the United States post office at Milford, Mass.,
Appropriations and ordered to be printed.
Mr. GUGGENHEIM submitted an amendment proposing to from $15,000 to $18,000, intended to be proposed by him .to the
appropriate $100,000 for the erection of a United States post- omnibus public buildings bill, which was referred to the Com
office building at Montrose, Colo., intended to be proposed by mittee on Public Buildings and Grounds and ordered to be
him to the omnibus public buildings bill, which was referred printed.
to the Committee on Public Buildings and Grounds and ordered
He also submitted an amendment proposing to increase the
to be printed.
appropriation for the United States post office at Malden, Mass,
He also submitted an amendment proposing to appropriate on a site to be donated, from $90,000 to $175,000, intended to
$15,000 for a United States post-office building at Sterling, Colo., be proposed by him to the omnibus public buildings bill, which
intended to be proposed by him to the omnibus public buildings was ordered to be printed and, with the accompanying papers
bill, which was referred to the Committee on Public Buildings referred to the Committee on Public Buildings and Grounds.
and Grounds and ordered to be printed.
Mr. JACKSON submitted an amendment proposing to in
He also submitted an amendment proposing to appropriate crease the appropriation for the construction of an immigration
$15,000 for a United States post-office building at Canon City, station at Baltimore, Md., from $100,000 to $200,000, intended
Colo., intended to be proposed by him to the omnibus public to be proposed by him to the omnibus public buildings bill,
buildings bill, which was referred to the Committee on Public which was referred to the Committee on Public Buildings and
Buildings and Grounds and ordered to be printed.
Grounds and ordered to be printed.
M S.
S y
-
COXGltESSIOXAL EEGOED—SEXATj
AIDS TO NAVIGATION.
Mu GARDNER submitted an amendment intended to be
proposed by bim to the bill (H. R. 277S9) to authorize aids to
navigation and other works in the Lighthouse Service, and for
other purposes, which was referred to the Committee on Com
merce and ordered to be printed.
MEDALS OF HONOR.
Mr. O'GORMAN submitted an amendment intended to be
Proposed by him to the bill (S. 8031) providing for the pres
entation of medals to all surviving soldiers of the Battle of
Gettysburg, which was ordered to be printed, and, with the
accompanying paper, referred to the Committee on Military
Affairs.
WITHDRAWAL OF PAPERS— BENJAMIN II. NORMAN.
fin motion of Mr. .Webb, it was
332.1
ment on the facts and tlie law. Tossibly the parliamentary ob
jection made by the Senator is right, and that without the au
thority of the committee the motion may not be made, but the
committee having authorized the larger authority to be exer
cised by the court in the bill they did recommend to the Senate,
I thought it would he in order to make the motion. It is the
best thing that can be done so late in the session.
Mr. SMOOT. If the Senator would not object, I am quite
sure it would be the proper procedure to have the bill recom
mitted to the committee.
Mr. OWEN. I think the objection of the Senator is well
taken, and I will withdraw the proposed motion.
The PRESIDING OFFICER. The motion is withdrawn.
EXPENSE OF THE DISTRIBUTION OF SEEDS, ETC.
Mr. KENYON. 1 ask unanimous consent to take up two Sen
ate resolutions, Senate resolution No. 422 and Senate resolu
v ^ r e d , That the papers accompanying the hill 8 . 765, Sixty-second
tion No. 423. I f they lead to any discussion I will withdraw the
'“Ongress, first session, granting an increase of pension to Benjamin II. request.
'orman, he withdrawn from the files of the Senate, no adverse report
Mr. CURTIS. I shall have to ask for the regular order. I
naving been made thereon.
dislike to do it, but I will have to insist on proceeding with the
INAUGURAL REVIEWING STANDS.
appropriation bill. Mr. SHEPPARD. I offer a concurrent resolution and ask
Mr. KENYON. This is information I am seeking from the
Ghit it be read.
Postmaster General and the Secretary of Agriculture, which,
The PRESIDING OFFICER. The concurrent resolution will owing to circumstances over which we have no control on this
Pc read.
side, will not he available after the 4th of March. The resolu
The Secretary read the concurrent resolution (S. Con. Res. tions have been on the calendar for some time. I had expected
4-0, as follows:
to speak on them, but I am not going to inflict the Senate with
h ij t h e S e n a t e , t h e H o u s e o f R e p r e s e n t a t i v e s c o n c u r r i n g ,
a speech now.
rif
inaugural committee in charge of the reviewing stands upon
Mr. CURTIS. If it will not take time, I have no objection.
J-jaiayette Square is hereby directed to set aside for the use of the
Mr. KENYON. It will not take two minutes.
press, the distribution to be under the direction of the standing com
mittee of correspondents, 250 seats directly opposite the stand in
The PRESIDENT pro tempore. The Senator from Iowa asks
"inch the President will review the inaugural parade, the seats to be
unanimous consent for the present consideration of the resolu
Sold at the prices prevailing in other portions of the same stand.
Mr. SHEPPARD. I will simply say in connection with the tion, which will bo read.
The Secretary read Senate resolution No. 422, submitted by
concurrent resolution that, liaving been a member and chairman
,
° f the Committee on Public Buildings and Grounds in the House Mr. K enyon January G 1913, as follows:
Re
l
the Postmaster
furnish to the Senate an
when the bill for the usual inaugural permits was pending, if mate.s oifv e d , Thatfor him so to do, Generalexpense to the Governmentesti
possible
of the
for
flic House committee had not been assured that the members of the last four years of the carrying of seeds, plants, and bulbs franked
the press would have been given sufficient accommodations the through the mails.
committee would have inserted the necessary reservation in the
The resolution was considered by unanimous consent and
law at the time. I therefore submit tlie concurrent resolution agreed to.
in order that the members of the press may get proper accom
The PRESIDENT pro tempore. The Senator from Iowa asks
modations.
unanimous consent for the present consideration of the follow
Mr. SMOOT. Does the resolution provide for the expenditure ing resolution, which will he read.
ot money? If so, it ought to go to the Committee to Audit and
The Secretary read Senate resolution No. 423, submitted by
Mr. K enyon January G 1913, as follow s:
,
Control the Contingent Expenses o f the Senate.
Mr. SHEPPARD. It does not.
R e s o l v e d . That the Secretary of Agriculture furnish to the Senate an
estimate of the expense to the Government for the last four years of
r The PRESIDING OFFICER. The Secretary informs the purchasing or securing seeds, bulbs, plants, trees, etc., for free distribu
Chair that the concurrent resolution does not incur any ex tion by Members of Congress and tlie total number of packages so fur
nished'. Also the expense of preparing the same for such free distribu
penditure.
Mr. SMOOT. Then I have no objection to tlie concurrent tion and delivery of same to the mails.
The resolution was considered by unanimous consent and
resolution.
agreed to.
Mr. SHEPPARD. I ask for its immediate consideration.
RIVER AND HARBOR BILL.
The concurrent resolution was considered by unanimous con8enf> and agreed to.
Mr. NELSON. Mr. President, I desire to state that I gave
notice heretofore that I would call up the river and harbor bill
GOVERNMENT PROPERTY IN FOREIGN CAPITALS.
to-day. but inasmuch as the District of Columbia appropriation
Mr. GALLINGER. I submit a resolution for which I ask hill is now before the Senate and has been partially considered,
brc sant con sideration.
I give notice that I shall call up the river and harbor bill after
The resolution (S. lies. 4G5) was read, considered by unani- the District appropriation bill has been disposed of.
consent, and agreed to, as follows:
REFERENCE OF TREATIES.
tin' 1
’ That the Secretary of State is hereby directed, through
tlie ail)Ioraatic and consular officers of the Government, to ascertain
the i ysJ?m of taxing Government property in the several capitals of
S
m.L j wading countries of the world, a full and complete report on the
J
ject to bo transmitted to the Senate at the earliest practicable day.
Mr. CULLOM. Mr. President, I ask unanimous consent, as
in executive session, to refer to the Committee on Foreign Rela
tions two treaties which have been sent to the Senate.
The PRESIDENT pro tempore. Is there objection? The
OSAGE INDIAN CLAIMS.
H
Chair hears none, and the treaties will be so referred and.
f
*4r. OWEN. I wish to move that the hill (S. 5728) confer- together with the message and accompanying papers, ordered
018' jurisdiction on the Court of Claims to hear, determine, to be printed in confidence for the use of the Senate.
•A. •ren<*ei’ judgment in claims of the Osage Nation of Indians
MEMORIAL ADDRESSES ON TIIE LATE SENATOR JEFF DAVIS.
y a m st the United States, reported by the Committee on Indian
Mr. CLARKE of Arkansas. I give notice that on March 1 I
v
relative to the Osage Indian fund, be referred to the shall ask the Senate to consider resolutions commemorative of
\Lourt of Claims for a finding of fact under the Tucker-Bow- ; the life and public character of the late Senator J eff D avis ,
Act.
from the State of Arkansas.
Mf. SMOOT. Is that motion in order at this time?
THE ELECTORAL COLLEGE (S. DOC. NO. 1002).
4 he PRESIDING OFFICER. It is not in order. The SenMr. SHIVELY. Mr. President, I have here a thesis in a few
1,01’ made it as out of order. It can only he entertained if
pages by John Walker Holcombe on the subject of “ The Elec
here is no objection,
Mr. SMOOT. After the committee has reported a bill, with- toral College.” This work represents much research, thought,
m the ac[jon
(]10 committee should such action be taken and reflection, and bears on a question of current public interest.
Pon the motion of a Senator? Should not the bill be referred I do not subscribe to all the conclusions of the author, hut I
J ick to tlie committee and then have the committee take the regard the article as a valuable contribution on a live subject.
I ask unanimous consent of tlie Senate that the paper be printed
action?
Kin*1 OWEN. I will state to tlie Senator from Utah that this as a Senate document.
''
The PRESIDENT pro tempore. Without objection, it is so
~j, was reported from the committee, authorizing the sending
O- Gie claims to the Court of Claims for the rendition of judg ordered.
J
X L IX ----- 210
I
;
3320
CONGRESSIONAL KECORI)— SEXATE.
CITIZENSHIP IN PORTO RICO.
Mr. POINDEXTER. I present an article from the Porto Rico
Review relative to citizenship in that island. I ask that the
article be printed in the R ecord.
There being no objection, the article was ordered to lie on the
table, and to be printed in the R ecord, as follow s:
CITIZENSHIP----A REPRINT.
The interest in our Inst editorial on “ Citizenship” is fully appreci
ated by the Review. We have been requested to leave ont other edi
torials to make its reproduction possible and this we cheerfully do.
CITIZENSHIP.
F ebeuaey 18.
Now. we know just what you will say. Senators. You will saj^that
no sooner will this hill he signed than we will be wanting smpetking
And there you are right. What? Oh, wo do not know; hut* that we
will want something is as sure as fate. And would you have us he
content with this? No. indeed; for our work will have but Just begun
We propose to make of Porto Rico the ideal commonwealth. Here we
already have the linest climate In the world. We are no# particularly
proud of that fact, because we not produce the climai* nor in any
way assist in bringing about its perfections. But we i o claim some
credit for the linest automobiling. the best grapefruijp, the sweetest
oranges, and tiie rarest pineapples in the world. We d* swell oursetees
a little on the fact that we have made so few mistake: in working *i,t
the problems of self-government without much previiRjts experience. Y e
V
are not a little elated over the volume of trade M which you have
heard so much. And then, we boast over the fact litat we have no more
cockfights on Sunday, not only because the people attend church now
adays, but because we have the best police force jaTthe world, consider
ing'that it is only about 10 vears old. And wftfin every child in the
island can read and write, and nearly every rngpi owns his own home
we shall he a “ proud people,” indeed, and prdjptlest of all ol' the dear
old flag under which all of these wonderfub^hchieTements have been
made possible.
So, Senators, please pass the hill withoutjpelay.
A citizenship bill passed the House at the last session of Congress,
and was promptly sent to the Senate. In its natural course it was
referred to the committee having in charge the affairs of Porto Rico.
It is said that immediately upon the assembling of Congress the com
mittee will report this measure back with a recommendation that it
pass. It is also said that a majority of the Senate have expressed an
intention of supporting the hill, but this is no doubt more or less
hearsay.
We sincerely hope that the action of the Senate will bo both speedy
and favorable. It has been 12 years since civil government was estab
MESSAGE FROM TITE JfVorSE.
lished in this island, and for more than half of that time citizenship
has been one of our constant expectations, this result being anticipated,
A message from tlie House of Repipsentatives, by J. C. South,
because it had been promised by the great political parties of the
United States, and because those organizations are believed to nmke its Chief Clerk, announced that thelaTouse had passed, without
good all promises of that character. As a matter of fact they have, in amendment, the bill (S. 1589) tgrauthorize the exchange of
most instances, done so in the past. But many Porto Ricans became conveyances between the IGorijjm East Coast Railway Co.
tired of waiting. Many lost confidence altogether, and some have taken
advantage of the delay of Congress to act in which to work up various and the United States.
The message also announced^hat the House had passed the
schemes. We do not apprehend that the Senate will care to hear more
evidence as to the actual desire of our people. The question has been following bills, each with ai^Pndments, in which it requested
presented to Congress so many times, by so many different interests,
and by men of all parties, with such force and clearness as to leave the concurrence of the Sent
no doubt as to a large majority of our people.
S. 8089. An act permitting the building o f a railroad bridge
W e trust that Senators will not be impressed by stories to the effect across the Yellowstone Itf&cv from a point on the east bank,
r
that there has been a serious change of sentiment in Porto Rico. It
is true that new schemes hare been organized. It is a mistake to sup in section 15, to a pointypn the west bank, in section 16, town
pose that the people down here are any different from the people of ship 151 north, range Ifd west, of the fifth principal meridian,
the rest of the world. Some folks want a change of sovereignty every in McKenzie County, J#. D ak.; and
time they have a change of luck. There are men who change their
S. 8090. An act pgj&nitting the building of a bridge across
party afliliations every time they meet with business misfortunes.
Some men leave their associates in one party and join another, because tlie Missouri Riveijjrom a point on the east bank, in section 14,
they think they arc not appreciated, and in such cases these men no Mountrail Coimtsipf. Dak., to a point on the west bank of said
sooner enter the lines of a new organization than they hoist a lightning
rod. hoping that it may be struck by office. Human nature is the same river, in sectionJ$>, in McKenzie County, N. Dak., in township
here that it is in the States.
152 north, range 93 west, of the fifth principal meridian.
We urge the Senate to pass the bill, and to do so promptly, because
The message further announced that the House had passed
it is a just measure, and for the reason that each day of delay makes
more difficult the efforts of those who are struggling for the up the joint resolution (S. J. Res. 143) authorizing the Secretary
building of Porto Rico in the educational, political, and health-giving of War ioAoan certain tents for use at the meeting of the
walks of life. Commercially, and in a business way generally, Porto Imperial Council o f the Ancient Arabic Order of the Nobles of
Rico is all right, and as able to look out for herself as any other sub
division of our Nation; but to make money is not all of life for many the Mystic Shrine to be held at Dallas, Tex., in May, 1913,
with mpfimendment, in which it requested the concurrence of
people.
When Gen. Miles came here he promised citizenship. It may be said the jypate.
that lie had no authority to make the promise. Perhaps n ot; but in
Th# message also announced that the House had disagreed
throwing out this utterance, he responded only to the eager, cheering
thousands that welcomed the flag he stood for, and listened for the to the amendments of the Senate to the bill (H. R. 27941)
one word they sought to hear. The entrance of Gen. Miles and his
ing appropriations for the support o f the Army for the
associates and comrades was not an invasion; it was a prolonged
1 year ending June 30, 1914; asks a conference with the
and thrilling reception by a people waiting for the advent of the flag
which they had been taught represented equality before the law.
fenate on the disagreeing votes of the two Houses thereon:
,
r
nbest thing that the Senate can do for bill, because we believe it if: j and had appointed Mr. H a y J Mr. S e a y d e n’, and Mr. R* i' \ ( e
o iirge the immediate passage of the Tirvvt'ori ff-koi-fvc* o vo
-t
ln
„ _
the hQ thimr Ihflt flio Spnnfn enn r for the United States. There will
he something doing in this part of the world with the completion of the managers at the conference on the part o f the House.
canal, and it will he well for Uncle Sam to have loyal friends injISe
The message further announced that the House had passed
West Indies who are to the “ manor horn.” There are thoughts ittHton- the following bills, in which it requested the concurrence of the
nection with this phase of the question well worthy of considepifion,
Senate:
hut it is not wise to discuss them, and they will suggest themsepSis.
The Porto Rican is neither a citizen nor a subject of any nation, and
H. R. 25762. An act for the construction of a bridge across the
he feels most keenly the humiliation of his position. And liis®umilia- Mississippi River at or near Baton Rouge, L a .;
tion is equaled by disappointment over the failurq, of the (jjfiftgress to
II. R. 25781. An act to amend section 77 of an act entitled
act. Do you not think, Senators, that the delay has bet#sufficient?
And do you expect loyalty from a people to whom you dej^y’ the dignity “An act to codify, revise, and amend the laws relating to the
and character of citizenship?
judiciary,” approved March 3, 1911;
But you say, “ Have we not legislated liberally for Portaatieo ? ” and we
r
II. R. 27S27. An act to amend section 70 of an act entitled
answer, “ Financially ; yes.” But the money has been. Wisely expended.
You may speed over our splendid roads in every or ,J§y direction, and “An act to codify, revise, and amend the laws relating to the
as there is no speed limit outside the towns and cities, the school- judiciary,” approved March 3, 1911;
houses will seem to he passed as frequently as tl\« telegraph and tele
II. R. 27837. An act to authorize the Buckhannon & Northern.
phone poles. You can always tell them, because* Hie flag under which
you legislate floats -oyer every building. We .have built roads and Railroad Co. to construct and operate a bridge across the Mononbridges in every direction, and the church huil^ffigs, the old ones have gahela River in the State of West Virginia;
been burnished up until they look like newjpstructures. Beside the
II. R. 28187. An act to authorize the construction, mainte
big cathedrals that have been here for all o|.-4 !fiese years, and are now
working as if under a new inspiration, y&Jpaay hear the Methodists nance, and operation of a bridge across and over the Great
singing from the amen corner of their lHjfe churches, vou may see Kanawha River, and for other purposes;
the Baptists marching to the river, yotfciftay hear the Presbyterians
H. R. 28335. An act to amend an act entitled “An act to codify,,
reiterating the austere doctrines of Cal yin and John Knox, while the
Episcopal is here With his church, in wffich he chants the old prayers, revise, and amend the laws relating to the judiciary,” approved!
and they all have their schools and hospitals.
We urge the passage of the bill M behalf of the laboring men of March 3, 1911;
II. R. 28469. An act granting two condemned cannon to the
Torto Rico, who constitute two-third* of the population. We, and no
doubt you, hear much about our jfin g a “ proud people ” and all of Wallkill Valley Cemetery Association, of Orange County, N. Y. *
that sort of . rot. But the fact i*$fhat the proud class Is limited to a
H. R. 28635- An act to amend section 81 of the act entitled
very few, comparatively, who ba£reve that they have been born to the
position of privilege, and the K^ponsibility of living well and proper “An act to codify, revise, and amend the laws relating to the
lives at the expense of tkoserfivho to il; and Porto Rico is a land of judiciary,” approved March 3, 1911, and for other purposes; and
workers, with hut few of the really “ proud,” and we may add, not very
H. R. 28766. An act to increase the limit of cost of certain
essentia], class. We urge tie hill for the sake and in the names of
those who actually work f a t a living and who in producing the great public buildings, to authorize the enlargement, extension, remod
export figures that astonjgh even those at home. The laborers of the eling, or improvement o f certain public buildings, to authorize
island desire citizenship JWThey will feel safe after the fact is realized.
Their children, well drgfsed, full of hope and happiness, fill our school- the erection and completion of public buildings, to authorize the
houses to the numberJBf 1 0 0 ,0 0 0 , and their prospects have nerved the purchase of sites for public buildings, and for other purposes.
arm of labor to its greatest tasks. These are the men who have faith in
The message also announced that the House had passed the
the Stars and Strwes, and who have, through your committees, be
sought you for something tangible in the shape of future stability in concurrent resolution (No. 38) of the Senate providing for the
the life that hasjSeen shown to them, and opened to their children tlie printing of the laws of the United State's applicable to the Ter-1
doors of opport
ritory of Alaska, etc.
CONGRESSIONAL RECORD— SENATE.
liberal to tlie property holder when it requires only one-fourth
° f th4, expense to be paid by each of the adjoining property
holders^ and one-half from the Treasury.
Mr. WORKS. Mr. President, I should like to ask the Senator
from Georgia how the expense of paving streets in front of
Government property is paid.
Mr. SMITII of Georgia. Here in the District of Columbia, or
in other citie
Mr. W O R K (\ Here in the District.
Mr. SMITH ^G eorgia. It is paid out of the Treasury, onehalf by the General Government and one-half by the District of
Columbia.
Mr. WORKS. Is ;\v part of it, in that case, assessed against
individuals?
Mr. SMITH of Georgia. Not at all; but the Government,
owning the property, h a sW id one-half of the whole cost of it,
an amount equal to that \hich this bill would assess to the
adjoining property holders.
Mr. WORKS. And the propVty owners of the District have
been taxed to pay the other lisftf. Under those circumstances
"'by should the Government insist that from this time on the
property owners shall pay the wh\> expense of improving the
streets?
Mr. SMITH of Georgia. I am not busking for that at all. I
am asking only that they shall pay halPtof it.
Mr. WORKS. Half of it, then. W h\should there be any
change made from existing conditions, unilK which the Govern
ment has had its property improved, and otffc^r property owners
within the District have not been compelled t?* pay one-third or
one-half of the expense, or any other amount? 14 from this time
0,1 the property owners are compelled to pay one-tliird of the
expense, of course they are put at an entirely unjust disadvan
tage as compared with improvements that liavextoeen made
heretofore under the rules that have previously ex ists.
Mr. SMITH of Georgia. And because we have Been im
properly taking the money of all the people and giving it tq part
of the people, having had the fact brought to our attef^ion,
according to the argument of the Senator from California % e
must continue to follow that policy, even though it is apparent
that it has not been fair; and in the future we must not compel-;
the property holder to bear bis just burden because in the past
we have not done it.
Mr. WORKS. Mr. President------•
The PRESIDENT pro tempore. Does the Senator from
Georgia yield to the Senator from California?
Mr. SMITH of Georgia. Yes.
Mr. WORKS. I am not putting it solely upon that ground.
1 agree thoroughly with what is stated in the letter that has
been read here, that it is next to impossible to assess the
Property equitably when we come to consider the irregular
condition of the streets and the irregular shapes and sizes of
Ihe lots. It will be next to impossible, it seems to me, to make
any equitable assessment under those circumstances by which
'be people are required to pay according to the frontage of
'heir ownership.
Mr. SMITH of Georgia. Mr. President, that line of argu
ment has already been presented here, and I have replied to
and shown that in other cities where this practice is fol
lowed you find triangular lots. They are discovered in nearly
every city. It is not suggested even that the application of
this provision to the proposed improvement would create any
Injustice at all. No places are pointed out where the charges
hot against the property holders who are to be benefited by
one-half of the improvement would in any sense be an injustice
to them. At a later time, if there are peculiar triangular lots
here, we could modify this rule when we come to improve
ments around them and take care of anything that would be
lmjust.
1 see in (his bill the expenditure of money to build new
streets in front of practically unimproved property at a num
ber of places where (he money is not spent for the public at
mrge, but more than half of it for the benefit of the individuals
owning property on those streets. It is in this condition that
'be House sought to impose upon the people whose property is
in be benefited a rule similar to that which stands in other
cities, but more liberal and with a smaller charge than the rule
aPplied in other cities.
As I said before, the rule with which I am acquainted is to
charge one-third on all (lie adjacent property holders and onetbird to the city. The House provision places only one-fourth
"bon each of the adjacent property holders and one-half on
the Public Treasury. I think it is fair and it is equitable,
micro may be some criticism upon it occasionally, but it is far
more equitable than to take the money of all the people to
'mprove this property for a few of (he people.
Mr. SMOOT. Mr. President, when I referred to the injustice
of assessing property by the linear-foot frontage, the Senator
from Georgia undertook to show that (lie reference cited by mo
was rather an erroneous one, because the paving which is out
side the center of the city was not traveled upon so much and
therefore did not wear out so quickly, hence did not cost so
much to maintain, and that being the case it became a just
assessment. He stated that the paving in front of the Wiliard
Hotel wore out much more rapidly and the expense of repair
ing was much greater than the paving would be upon one of
the side streets in the northwestern or northeastern part of (lie
city.
Let me call the Senator’s attention to the fact that there is
almost as much injustice in the case of the property on the two
sides of the street in front of the New Willard Hotel or upon
Sixteenth Street or upon Connecticut Avenue under the system
of assessment that he proposes as there is if we compare the
assessment at the New Willard Hotel to the streets he re
ferred to.
Take the New Willard Hotel property. Say that it has a
frontage of 100 feet; then take the property on the other side
of the street. There is just as much wear and tear upon (he
pavement of one side of the street as the other. The New
Willard Hotel cost, no doubt, over a million dollars to erect.
On the other side of the street the property cost very little in
deed. Yet under the system the Senator proposes the property
on both sides of the street would pay exactly the same amount
for keeping the pavement in order.
Take Sixteenth Street, which we all know, and which will
perhaps be known hereafter as the Avenue of the Presidents.
We find a little shanty on one side—and there are a number of
them—and perhaps the depth of the property is not more than
45 feet; upon the other side of the street, with perhaps no more
frontage, but with a residence that cost a quarter of a million
dollars upon the land.
Under the system that the Senator proposes the assessment
for maintaining repairs of the street upon Sixteenth Street
would be exactly the same to the little cottage as it is to (lie
palace upon the other side.
^ Take Connecticut Avenue, let us refer to the Highlands, a
building that cost over a half a million dollars, with perhaps a
hundred feet frontage. Immediately across the street we find
a vil&int lot. Under the system proposed the maintenance of
the sraeet would be just as expensive on the vacant property as
it wouldJje upon the property known as the Highlands.
So I co^ld take the Senator all over (lie city and show him
that he is^j-oposing a system of taxation unjust to the landowner of th(k District.
The Senator'--.says that (lie people of (lie entire country pay
the expense. I%elieve the American people from one end of
the land to the other take as much interest in the beautifying
of Washington, their Capital, as do tbe people living directly
in the city ; and it seems to me that the people of the United
States are not unjustly ta-xed when we take into consideration
the property in the District that is owned by the Government
and which it does not pg,y taxes upon. Take the great parks
around Washington-----Mr. SMITH of Georgia.‘-.Does the Senator say it does not
pay a single cent of tax?
The PRESIDENT pro tempola Will the Senator permit the
Chair to suggest that before interrupting a Senator lie must
address the Chair and obtain perii^ssion. The rule requires it.
Does the Senator from Utah yield to&he Senator from Georgia*
Mr. SMOOT. Gladly.
Mr. SMITH of Georgia. Does thelgenator claim that the
Government pays nothing as a tax on it%property? What does
it pay?
Mr. SMOOT. Not outside of one-half. \ t pays it for the
maintenance of the city government becauslkof the very fact
that the Government owns so much property iimhe District. As
I was about to say, take Rock Creek Park a im a ll the other
parks that we have around the city, as well as im th e Govern
ment buildings and vacant property. You do noc^hid them in
any other city of the United States. The conditions %i this city
are not to be compared with any other city, because ^com p ari
son of that kind would be unjust indeed.
Therefore, Mr. President, I think that the provisioned the
House was absolutely unjust to the District of ColumbialWhis
has been often thrashed out. It has been referred to by\he
Senator from Kansas. In 1874 it was decided, and decided afS
a most exhaustive investigation, that the only just way of (a
ing the District was the half-and-half system.
I sincerely trust, Mr. President, that (lie Senate will disagree
to the provision put in (lie bill by the House.
CONGEESSIONAL Ii ECORD— SENATE.
3334
Mr. SMITH of Georgia. Mr. President-----The PRESIDENT pro tempore. The Senator from Georgia
will pardon the Chair for a moment. In view of the condition
of the public business, the Chair feels constrained to read Rule
X IX, or a portion of it:
No Senator shall interrupt another Senator In debate without his
consent, and to obtain such consent he shall first address the Presiding
Officer; and no Senator shall speak more than twice upon any one
question in debate on the same day without leave of the Senate, which
shall be determined without debate.
E
u b r u a r y
18 .
with a larger per capita expense than Washington are New
York. Boston. San Francisco. Cincinnati,
Eos Angeles.
Washington has a larger per capita es.p^rf)e than any of the
remaining 12.
The PRESIDENT pro tempore. \pThout objection, the state
ment will be printed
the R ecoils?
The statement referred to
follows:
1.
2.
#.
>
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
lis
26.
17.
18.
New York-------------------------'------------------------------------------------------$50.35
Chicago-------------------------- -------------------------------------------------------37. 45
Philadelphia--------------- -------------- ------------------------------------------- —
7
28. tfe
St. Louis------------------- ------------------ 2-;,---------------------------------------Boston----------------- -------------------------- --V « --------------------------------- 44. IT
)
Cleveland---------- J ± . ----------------------------- ------------------------------------- 28.03
Baltimore-------- ------------------------------------------ ----------------------------- 27. 0;;
Pittsburgh _>tf------------------------------------------------ ------------------------ 35. 0.1
23. 3 <
>
Detroit— j t - ---------------------------------------------------------- ---------------33. 29
Buffalo-A-------------------------------------------------------------------------- -—
San Francisco.------------------------------------------------------------------------4:i
Milwaukee------------------------------------------------------------------------------- 2 5 ^ j
Cincinnati------------------------------------------------------------------------------41.r5t»
Newark_______________________________________________________
31. Sfc
New Orleans---------------------------------------------------------------------------25. 62
Washington----------------------------------------------------------------------------- '36^64
Los Angeles----------------------------------------------------------------------------49.71
Minneapolis----------------------------------------------------------------------------- 29. 66
The Chair reads this rule to admonish Senators.
Mr. SMITH o f Georgia. Mr. President, I desire to take only
two minutes to reply to one part of the speech of the Senator
from Utah.
The PRESIDENT pro tempore. The Senator from Georgia
will proceed.
Mr. SMITH*of Georgia. The Senator referred to (he proposi
tion that the Government pays no tax on property. He then
said it was true the half-and-half doctrine existed, and he called
attention to the fact that the Government owns the parks.
What does it own them for? The people. If the Government/
owns them, then-it is simply that much contribution to the city f
Mr. OWEN. I should like to call the attention of the Senate
and it is entirely an unsound view of the Senator that the Gov to the fact that the District of Columbia has no practical or
ernment should pay taxes on parks that it gives to the city.
ganized government. Its authority is exercised by 17 different
I am not attacking the half-and-half principle; I am applying heads. The city ought to he given a charter that will be a
my argument solely to the street improvements, and asking model charter for the cities of the United States. I simply
that the same rule which exists practically everywhere else make that suggestion while this matter is up, because it ac
shall exist in the District of Columbia.
counts for the very high cost of the per capita of expenditures
The PRESIDENT pro tempore. The question is on agreeing in this city. At a future time I shall call the attention of the
to the amendment of Hie committee.
Senate more directly to it.
Mr. SMITH of Geotgia. I ask for the yeas and nays.
Mr. WORKS. Mr. President, I offer the amendment which
The yeas and nays tier e ordered, and the Secretary called the !
'to |j1 (les']c
0
,]i
%
•
’
i — —.. ————
.
roll.
The PRESIDENT pro tempore. The Senator from California
Mr. DILLINGHAM (after having voted in the affirmative). offers an amendment, which will be stated.
I withhold m y vote, owing to the general pair I have with the
The S e c r e t a r y . After line 15, on page 38, it is proposed to
senior Senator from Soikli Carolina [Mr. T il l m a n ], who has insert the following proviso:
not voted.
P r o v i d e d , That laborers on the streets shall be paid not less than $2
Mr. SUTHERLAND. Has the Senator from Arkansas [Mr. per day.
C l ark e ] voted?
\
Mr. CURTIS. I accept that amendment, if the Senate does
The PRESIDENT pro tempore. That Senator has not voted. not object.
Mr. SUTHERLAND. I Ikive a pair with that Senator, and
The PRESIDENT pro tempore. The question is on the
therefore withhold my vote.%
amendment submitted by Hie Senator from California [Mr.
Mr. SMITH of Michigan feifter having voted in the affirma W orks ]. \
tive). I voted inadvertently4 I notice my pair, the junior Sen
The amendment was agreed to.
ator from Missouri [Mr. R a p ], has not voted. I take the
The readingkof the bill was resumed.
liberty of transferring that pa% to the Senator from “C6ttn«cticut
The next amendment of the Committee on Appropriations
[Mr. McLean], and will allow «iy vote to stand.
was, under the head of “ Streets,” on page 39. after line 3, to
Mr. DILLINGHAM*- -J transfer my pair, with the senior Sena Insert:
r
\
J'
tor from South Tlirolina [Mr. T illman] to’ the--Senator from
tiling beach : FW superintendent, SGOrt; \vA; Hunan, $480 ; tem
poral’s services, supplies, and maintenance. $2.25#: for repairs to build
Nebraska [Mr. B r o w n ] and vot«, I vote “ yea.”
ings. pools, and the upkeep of the grounds, $Mr»0 0 , to be immediately
The result was announced—yeas 4b, nays 19, as follows:
availably; in all, $4,8307
Bankhead
Bourne
Bradley
Brandegee
Bristow
Burnham
Burton
Catron
Chamberlain
Clapp
Crane
Curtis
Borah
Brady
Briggs
Brown
?ryan
hilton
( 'l\rk, Wyo.
ClarSE Ark.
YEAS—« 5 .
Masjtin, Va,
Dillingham
du Pont
Ne%>n
Fall
OH®!’ Fletcher
Foster
Penrase
Gailinger
Percy,
Gamble
PerkiAs
Gardner
Poindexter
Johnston, Ala.
Richat^son
Root m
.Tones
Lodge
Smith. 4ra.
McC umber
Smith, Mich.
NAYS— 19.
|
Kern
Owen
V
La Follette
Sheppard ,
Marline, N. .J
.
Shively
Myers
Simmons
Overman
Smith, Ga. '
NOT VOTING— 31.
Crawford
Culberson
Cullcm
Cummins
Dixon
Guggenheim
Hitchcock
Jackson
'X
Smith, S. C. i
Stone
Thomas
Webb
Pittman
Pomerene
Reed
Smith, Ariz.v
Sutherland
Tillman
Watson
So mfcsmuendment was agreed to.
The SecrfttEwaL resumed. the reading of jthe bill.
The next timemTTTirnG.w*^ i-mder the’ head of “ Sewers,” on
page 37, line 10, after the word “ sewers,” to strike out
“ $130,000 ” and insert “ $155,000,” so as to make the clause
read:
For suburban sewers, $155,000.
The amendment was agreed to.
Mr. SHEPPARD. Mr. President, I want to insert in the
R ecord at this point a statement showing the per capita ex
pense of administration in cities in the United States of 300,000
or over. The statement shows that the only cities in this class
For tile construction, by contract or othd^viso. of an underground
drain from the fountain lying south of tlj# White House, across the.
grounds ofvthe White House (reservation Xp. 1) and of 1he Washington
Monument preservation No. 2) to the barfing beach near Seventeenth
and B Streqts NW., $2,500 ; and the Ccypinissioners of the District of
Columbia ar» authorized to enter said reservations for the purpose of
installing sai\l drain.
The commissioners shall submit for.Ahe consideration of Congress, in
the annual estimates for the government of the District of Columbia
for the fiscal year 1915, detailed estimates for the construction of not
exceeding two'public bathing beactB/s, with all necessary buildings, on
separate sites other than that mpv used and where tidal water shall
be constantly available for bathuSg purposes.
Mr. CURTIS. I offer tjjfe amendment to the amendment
which I seqfd to the desk. "
%
The PRESIDENT pro vtompore. iT h e Senator from Kansas
offers an ajuendment to the amendment, which will be stated.
The Secretary. On page 39, line % after (he word “ drain,”
in the amendment reported by the committee, it is proposed to
insert:/
$
%
•
P r o v i d e d , That the time, plans, and manner of doing Hie work shall
first he approved by the officer in charge* of public buildings and
grounds in accordance with such restrictionseas he may decide to ho
necessary for the protection of the property.aril interests of the United
States.
j.
%.
The amendment to the amendment was (agreed to.
The amendment as amended was agreed to.
The reading of the bill was resumed.
The next amendment of the Committee on Appropriations was,
on page 40, line 13, after the word “ playgrounds,” to strike out
“ $5,000 ” and insert “ including not to exceed $100 for rent of
storage houses, under the direction and supervision of the com
missioners, $7,535,” so as to make the clause read:
Playgrounds: For maintenance, equipment, supplies, tools construc
tion of toilet facilities and wading pools, fencing, grading, and repairs
including labor and materials, and necessary incidental and contingent
expenses for all playgrounds, including not to exceed $ 1 0 0 for rent of
storage houses, under the direction and supervision of the commis
sioners, $7,535.
The amendment was agreed to.
’
J5:
CONGRESSIONAL EECOED— SENATE
Mr. SMITH of Georgia. What are we going to do with the
existing buildings? We now have three buildings that accom
modate all the children in the high schools. The Senator from
Kansas [Mr. C u r t is ] undertakes to treat the students in the
business school as high-scliool children, while many of them are
grown. Do you propose to close those schools up? Do you
propose to abandon all this investment in the three high schools
at the business school and the two manual-training schools?
Mr. President, I am going to offer this amendment:
That a commission composed of two Senators and two Representa
tives be appointed by tlic Committees on the District of Columbia to
report at as early a 'date as practicable upon the problem of increased
high-school facilities for the District, and said C mmission shall
9
have authority to take advice from experts on the subject; and an ap
propriation of $ 5 ,0 0 0 is hereby made, to be immediately available, for
the expense of the commission.
as I understand, is to have smaller buildings. The colleges are
not constructing such large buildings as they formerly did. hut
are constructing smaller buildings on their grounds/ Colleges
in my own State, with which I am familiar, have abandoned the
idea of constructing buildings as large as they can make them;
and I do not believe that any school building ought to hold more
than 500 pupils. I believe that according to the reports that
have been made in regard to the Washington high schools, the
Eastern High School and the Western High School are doing
better work than the Central High School, because there is not
so much congestion.
Then, I want to make another inquiry. As I understand, this
building is to be located near Tenth and Q Streets NW. ?
Mr. CURTIS. Near Garfield Hospital.
Mr. BRISTOW. Yes; that is in the vicinity of the Central
High School.
Mr. CURTIS. It is not very near the present Central High
School.
Mr. BRISTOW. Well, the present Central High School is at
Seventh and O Streets, and the proposed new building is not
very far from that. To build a school that will house 2,500
students, it seems to me, is not the proper thing to do.
So far as the grounds are concerned, if they have a large
lot there I would very much prefer to put a school building
there that will house not to exceed a thousand; and if they
have additional ground about it, all the better. We can not iii
Washington, especially in the congested parts of the city, have
too many recreation grounds for the school children. I wish
that the plans could he changed and a building erected there
that would house a reasonable number of students, then erect
another one at some other place, and not have the students
coming for miles to a school where there will be great conges
tion and which is situated in a locality where the population
is naturally congested.
The PRESIDENT pro tempore. The question is on agreeing
to the amendment of the committee.
Mr. NEWLANDS. I wish to offer a substitute for the amend
ment of the committee.
The PRESIDENT pro tempore. The amendment in the nature
of a substitute proposed by tlie Senator from Nevada will be
stated.
Tlie Secretary. In lieu of the committee amendment, on
page 57, lines 14 to 20, it is proposed to insert the following:
Mr. CURTIS. Mr. President, I want to make a point of
order, if the Senator from Georgia is through.
Mr. SMITH of Georgia. I am not through. I offer this as a
substitute for the amendment reported by the committee. It
has been suggested that this will cause delay. It will not. The
plan of the committee involves three years’ delay; the plan of
the committee involves no building until the end of three years.
If the commission which I propose investigates the question
and determines to go on upon the present lot, they may deter
mine to go on upon plans suggested by the Senator from
Nevada [Mr. N e w la n d s ] and simply build a structure for im
mediate use, eliminating a large part of this expensive struc
ture, and not embarking us in the erection of a building that is
to cost a million and a half dollars. It may determine to take
the 400-pupil liigh-school plan. The commission can have the
matter under consideration and report at an early day. In
stead of delaying the problem, we ought to have whatever we
do ready during the next year.
Mr. CURTIS. I make the point of order against the amend
ment that it is general legislation on an appropriation bill and
that it carries an appropriation that has not been estimated
for.
The PRESIDENT pro tempore. The amendment proposed by
the Senator from Georgia will be stated from the desk.
The S ecretary . On page 57, in lieu of the committee amend
ment, in lines 14 to 20, inclusive, it is proposed to insert the
following-----Mr. SMITH of Georgia. I propose the amendment as a sub
stitute for both the high-school amendments.
Toward the construction of the
a new
The Secretary. And also for the next amendment, on page High School on the site purchasedcentral structure of to cost Central
for that purpose,
not ex
58, from line 1 to line 5, inclusive, to insert the following:
ceeding $ 1 ,2 0 0 ,0 0 0 , under contracts which are hereby authorized there
/
\
!
That a commission composed of two Senators and two Representa
tives be appointed by the Committees on the District of Columbia to
report at as early a date as practicable upon the problem of increased
high-school facilities for the District. And said commission shall have
authority to take advice from experts on the subject, and an appro
priation of $ 5 ,0 0 0 is hereby made, to be immediately available for the
expense of the commission.
1
£
ill
for, $300,000.
Mr. NEWLANDS. Mr. President, I wish to explain that that
amendment is in harmony with what I have already said upon
this subject. It would provide for the entire expenditure of the
present appropriation of $300,000 upon a central structure, under
plans which provide for a structure costing in all $1,200,000,
The PRESIDENT pro tempore. The point of order is sus leaving the appropriation for the wings hereafter to the wisdom
tained. The question is upon the amendment proposed by the of Congress after deliberation upon the subject. It would, at
committee.
all events, secure to us high-school accommodations for about
Mr. SMITH of Georgia. Then, Mr. President, I make the 800 pupils, one-third of the total number covered by the entire
point of order against the amendment of the committee.
structure. It would practically complete within the year the
The PRESIDENT pro tempore. The point of order is over- entire main structure which can be used for students, whereas
tailed.
the plan of horizontal construction, covering the entire founda
Mr. SMITH of Georgia. Mr. President, I suggest the absence tion provided for by the committee amendment, means that the
° ‘ ra quorum.
children will not be able to occupy any portion of this school
The PRESIDENT pro tempore. The Senator from Georgia building for at least three or four years if we appropriate at
suggests the absence of a quorum, and the roll will be called.
the rate of only $300,000 annually, as ilie building is to cost
The Secretary called the roll, and the following Senators $1,200,000.
\
answered to their names:
It seems 1o me that the amemlmentNmeets the convenience of
Ashurst
Curtis
Dippitt
I K v ’3
the city in preparing accommodations xtor about 800 students
grady
Dillingham
Lodge
tim ely
within a year, and that it will enable us ^consider in the future
Bristow
duPont
McLean
smitbAri-/
the question whether we will build in Such large units or
Bryan
Fall
Mym-s
Sm b Ga
whether we will make the mait a smaller one than is provided
Burnham
Gallinger
Nelson
Smith Md
Burton
Gamble
Newlands
I S ’ Mich'
for in the committee amendment, and limit it to five or six
Catron
Gardner
O'Gorman
Sm tl , Mien.
or seven hundred pupils.
Chamberlain
Gronna
Overman
sJSoot * ’
Chilton
Jackson
Page
ISnbVmson
Mr. SMOOT. Mr. President, there is one thing to which I
Clapp
Johnston, Ala.
Penrose
Stephenson
should like to call the attention of the Senator, and that is this:
Clark, Wyo.
.Tones
Percy
Townsend
If we confine ourselves to building the central part of the school,
Clarke, Ark.
Ivavanaugh
Perkins
wcTmore
Crane
Kenyon
Pittman
wflimml
we shall have the great auditorium and the administrative offices
Culberson
Kern
Pomerene
Williams
and shall incur the expense of constructing that part of the
Cullom
Lea
Richardson
Works
,
The PRESIDENT pro tempore. Sixty Senators .din\ c an- building which could not be used at once for the accommodation
of students. Therefore I think if the amendment offered by
swered to their names. A quorum o f the Senate i| pres
' The the Senator were adopted, it would not reach what he hopes
Question is on a greein g to the am endm ent of tl
.
Mr. BRISTOW. Mr. President, I desire t : o n y , M o n me to have it do.
Mr. NEWLANDS. Mr. President-----vute is taken, that I can not get the consent of j .
o qqn
The PRESIDENT pro tempore. Does the Senator from Utah
lor any high-scliool building than is proposed to no • - h w
yield to the Senator from Nevada?
Pupils. I do not believe that is in harmony witU lUe imoder
Mr. SMOOT. I yield.
Methods of education. The whole tendency of modem
r1
ir
{
rf
PS
i%
3376
COXGRESSIOX AL RECORD— SEXATE
F e bru ary lit,
Mr. N E W L A N D S. I w ill ask the Senator w hether this a u d i
T he result w as announced— yeas 42, nays 2 G, as fo llo w s-:
torium is in the m ain central stru cture?
YEAS— 42.
Mr. SM OOT. I so understand.
Smith, Md.
Nelson
Dillingham
RfaHilegee
Mr. N E W L A N D S . Then w ould it not meet the view o f the B r/w n
Smoot
O’Gorman
du Pont
Oliver
Ballinger
Stephenson
Senator if w e should p rov id e that this a ppropriation should he Barton
Page
Stone
Gamble
Catron
lim ited to the con stru ction o f the m ain central structure or one /Chamberlain
Percy
Thornton
Jackson
Perkins
o f the wings, a ccord in g to the w isdom o f the b oa rd o f com Clapp
.Tones
Townsend
Poindexter
Warren
La Collette
m issioners?
, Clark, Wyo.
Pomerene
Lippitt
Wetinore
Crane
Mr. SMOOT. I think the w ordin g o f the amendm ent tk a j Crawford
Lodge
Richardson
Works
McLean
Root
has been suggested b y the com m issioners w ill cover every p os Cullom
Martin, Ya.
Smith, Ariz.
sible point, and I believe the w ord in g is very m uch better than Curtis
NAYS— 20.
any w e cou ld offer.
Gardner
Smith, Ga.
Marline, N. J.
Mr. N E W L A N D S . B u t the Senator w ill recogn ize the fa ct Ashurst
Gronna
Smith, S. C.
Borah
Myers
that the entire $300,000 w ould d o no m ore than prepare the Bristow
Johnston, Ala.
Newlands
Thomas
foun dation s, an d a t the end o f the yea r w e w ou ld h av e no Bryan
Kavanaugh
Tillman
Overman
Kenyon
Webb
Pittman
accom m odations fo r the stu den ts; w hereas m y plan o f im Culberson
Kern
Sheppard
m ediately con stru ctin g the main structure, or one o f the wings, Cummins
Fletcher
Lea
Simmons
w ill provide accom m odations fo r the pupils.
NOT VO TIN G — 27.
M r. W O R K S . Mr. President, I am n ot so m uch concerned
Bacon
Chilton
Hitchcock
Shively
about the size o f this building. I suppose, like a ll oth er Bankhead
Clarke, Ark.
Johnson, Me.
Smith, Mich.
school buildings, it w ill be divided in to separate room s, and Bourne
Dixon
Sutherland
McCumber
Fall
Swanson
Owen
the school w ill be divided into separate and distin ct grades so Bradley
Foster
Brady
Watson
Paynter
that each in dividual teacher w ill have a reasonable num ber o f Briggs
Gore
Williams
Penrose
pupils. M y ch ie f concern is a bou t the kin d o f education that Burnham
Guggenheim
Reed
is being taught in the schools, not on ly o f the D istrict o f C olum
So th e am endm ent o f the Com m ittee on A pp ropria tion s w as
bia, but o f the w hole country, a t the present time.
agreed to.
W e talk a good deal about ou r high schools. T h ey are n ot
MESSAGE FROM THE HOUSE.
high schools in any proper sense o f the term. T h ey have grow n
A m essage from the H ou se o f R epresentatives, by D. K . H em p
and grow n and grow n in the exten t o f the education they im
part u ntil they have becom e colleges and universities. They stead, its en rolling clerk, announced th at the H ou se had fa ile d
have been w arped out o f a ll proportion as a means o f givin g to to pass th e bill (S. 3173) to regu late the im m igration o f aliens
the children o f this cou ntry the u seful edu cation that should to and the residence o f aliens in the U nited States over the
veto o f the P resident o f the U nited States, tw o-th ird s o f the
be im parted through the public schools.
I think there is a v ery general protest in the pu blic m ind H ou se of\ R epresen tatives n ot agreein g to pass the bill.
\
EIGHT-HOUR LAW .
against the extension o f the education that is im parted through
the public schools a t the present tim e. I know I have fe lt
Mr. S H IV E L Y subm itted the fo llo w in g r e p o rt:
it very strongly, and I have heard it expressed by others. I f a
com m ission should be appointed to deal w ith this question at all,
T h e com piittee o f con feren ce on the disagreeing votes o f the
I should rath er see a thorough investigation m ade o f the m an tw o H ou sed on the am endm ents o f the Senate to the b ill (II. R.
lier o f con du ctin g the schools and the edu cation that is im 18787) relating to the lim ita tion o f the h ours o f d a ily service
parted to the children, w ith a view o f brin gin g it back to the o f laborers and m echanics em ployed upon a pu blic w ork o f vthe
g ivin g ou t o f that education that w ould m ake the children use U nited State!? and o f the D istrict o f Colum bia, a nd o f all per
fu l men and women.
sons em ployed in constructing, m aintaining, o r im provin g a riv e r
It is p erfectly evident to every observing man that a very or h arbor o f the U nited States and o f the D istrict o f Colum bia,
la rge proportion o f the education, fo r w h ich w e are paying h aving met, a fter fu ll and fre e con feren ce have agreed to rec
m illions and m illions o f dollars in this country, is absolutely om m end and do recom m end to th eir respective H ouses as fo l
w orthless to a large proportion o f the ch ildren w ho a re taught low s :
in the pu blic schools. I do hope th at som e tim e som e restraint,
T h a t the Senate recede fro m its am endm ent num bered 2.
some restriction w ill be placed upon the expansion o f the public
T h at the H ouse recede from its disagreem ent to the am end
schools through the influence o f the teachers, w ho are a llow ed m ents o f the Senate num bered 1, 3, 4, 0 , 7, 8 , and 9, and agree
to have their ow n w ay w ith respect to it, w h ile w e sim ply app ro to the same.
priate the m oney fo r that purpose.
T h a t the H ouse recede from its disagreem ent to the am end
Mr. S M IT H o f Georgia. M r. President, I m ove that the com ment o f the Senate num bered 5, and agree to the sam e w ith an
am endm ent as fo llo w s : A fte r the w ord
person s,” in line 2,
m ittee am endm ent be la id on the table.
The P R E S ID E N T pro tem pore. T h e Senator from G eorgia page 3, strike ou t all the w ord s dow n to the end o f section 1 and
m oves that the com m ittee am endm ent be la id on the table. in sert the fo llo w in g : “ em ployed in con nection w ith dredgin g
or rock exca va tion in any riv er or h arbor o f the U nited States
[P u ttin g the question.] T h e “ noes ” appear to have it.
o r o f the D istrict o f Colum bia w h ile not d ir e ctly operating
Mr. S M IT H o f G eorgia. I ca ll fo r the yeas and nays.
dredging or rock exca va tin g m ach in ery or tools, n or to persons
The yeas and n ays w ere not ordered.
M r. S M IT H o f G eorgia. I ask that the cou nt be again made. engaged in con stru ction or repair o f levec-s or revetm ents neces
T h e P R E S ID E N T p ro tem pore. T h e Chair w ill again put the sary f o r protection again st floods or overflow s on the n avigable
question on ord ering the yeas and nays.
[A pause.] N ot a rivers o f the U nited States,” so th at the proviso in section 1
sufficient num ber h a v e seconded the call, and the yeas and nays w ill r e a d : “ P rovid ed , T h a t noth ing in this act shall a pply o r bo
are not ordered. The question is upon the substitute offered by construed to app ly to persons em ployed in con nection w ith
dredging or rock exca va tion in any river or h arbor o f the U nited
the Senator from N evada [M r. N ew l a n d s ] .
T h e am endm ent w a s rejected.
States or o f the D istrict o f C olum bia w h ile n ot d ire ctly oper
T he P R E S ID E N T pro tem pore. T h e question now is upon ating dredging or rock exca va tin g m ach in ery or tools, nor to
the am endm ent o f the com m ittee. [P u ttin g the q u e s tio n :] The persons engaged in con stru ction o r repair o f levees o r revet
ayes appear to have it.
m ents necessary fo r protection again st floods or overflow s on
Mr. S M IT H o f G eorgia. I call fo r th e yeas and nays.
the navigable rivers o f the U nited States ” ; and the Senate agree
T he yeas and nays w ere ordered, and the Secretary proceeded to the same.
to call the roil.
W i l l i a m E. B o e a i i ,
B e n j a m i n F. S h i v e l y ,
Mr. S U T H E R L A N D (w h en his nam e w a s c a lle d ). I have a
Managers on the part o f the Senate.
p a ir w ith the senior Senator fro m A rkan sas [M r. C l a b k e ] , and
I understand he has not voted. In h is absence I w ith h old m y
W . B . W il s o n ,
vote.
Frank B uchanan,
T h e roll call w as concluded.
Managers on the part o f the House.
Mr. K E R N (a fte r having voted in the n eg a tiv e). H as t h e
Senator fro m K entucky [M r. B k a d l e y ] v o t e d ?
Mr. B U R T O N . Mr. President, I m ade som e rem arks on that
T he P R E S ID E N T pro tem pore. T he C hair is in form ed that m easure, on a m otion to reconsider. I do n ot desire to be
that Senator has not voted.
fu rth er heard. I had u nderstood, h ow ever, that the Senator
Mr. K E R N . I w ith draw my vote fo r the moment, and tran s from N orth D a k ota [ M r . M c C u m b e r ] desired to be heard on it.
fe r m y pair to the Senator from O klahom a [M r. G o k e ] , and w i l l
Mr. B O R A H . M r. President, the Senator from N orth D ak ota
vote. I vote “ nay.”
has been here fo r some tim e and has not signified to anyone
1 913.
COXG SESSIONAL
Im m ediately a fte r the a ct o f 1874 w e find the 3.65 bonds re
ferred to, and referred to n ot as a fu n ded debt but alw ays as
the 8.65 bonds. L et us see how Congress treated them in 1876.
I shall not read this p rovision from m anuscript or u ndertake to
repeat it fro m m em ory, but I quote it from page 106 o f the
U nited States Statutes at Large, volum e 1 9 :
That' the Secretary of the Treasury shall reserve, of any of the
revenues of the District of Columbia not required for the actual cur
rent expenses of schools, the police, and the tire department, a sum
sufficient to meet the interest accruing on the .5.05 bonds of the
‘
District during the fiscal year beginning July 1, 1876, and apply
die same to that purpose : and in case there shall not he a sufficient sum
" l said revenues in the Treasury of the United States at such time as
?aid interest may be due, then the Secretary of.th e Treasury is author
ized and directed to advance, from any money in the Treasury not
otherwise appropriated, a sum sufficient to pay said interest, and the
same shall he reimbursed to the Treasury of the United States from
Dine to time as said revenues may he paid into said Treasury until the
full amount shall have been refunded.
There is the language o f the act o f 1876 w ith reference to the
3.65 bonds, so clear and so sim ple that nobody cAn doubt it. The
act o f 1874 a uthorized the tliree-sixty-fives. T h ey bad not been
issued, and they w ere not then part o f the funded debt o f the
D istrict referred to elsew here in the a ct o f 1874. They w ere
bonds to be issued in the future, guaranteed by the Government,
and referred to as “ the three-sixty-fives ” ; and the act o f 1874
expressly declared that the entire interest and principal o f the
tliree-sixty-fives should be paid by taxes levied on the property
in tin' D is trict o f Colum bia, and im m ediately th ereafter the act
° f 1876 provided that w hen the N ational G overnm ent paid any
o f the interest or principal o f these bonds it should l)e charged
to d ie D istrict.
\ /
Air. c o r n y . Mr. President, m ay I ask the SenatoA.fi ques
tion ?
A
T he PI Ml SID IN G O F F IC E R (M r. S m i t h o f AlichignnYin the
iduiir). D oes the Senator from G eorgia yield to the Senator
from K a n sa s?
f
\
Mr. S M IT H o f Georgia. Yes.
Mr. C U IITIS. M ay I call the Senator's attention to the n et
o f 1879, w hich I m isplaced and did not rea d ? That act refers
not on ly to the interest on the sinking fund, but defines the
position o f Congress on that question.
Mr. S M IT H o f G eorgia. On w hat page?
Mr. CU IIT IS. I have not the reference to the page, but it isin the sundry civil a ppropriation act approved M arch 3, 1879,
and is as fo llo w s :
Sue. 3. That the sum of $1,032,098.78 he, and is hereby, appropriated
•or tlie purpose of paying' one-half of the estimated expenses of the
government of the District of Columbia for the fiscal year ending June
60, 1880,snamely :
*
*
*
*
. *
*
*
For the interest and sinking fund on the funded debt. SI. 155,583.55.
And there is hereby appropriated, out of the proportional sum which
Rio United States may contribute toward the expenses of the District
of Columbia, in pursuance of the act of Congress, approved June 11,
1878, for the fiscal vear ending June 30. 1870. and annually thereafter,
such sums as will, ‘ with the interest thereon at the rate of 3.65 per
cent tier annum, ho sufficient to pay the principal of the 3.65 bonds of
Die District of Columbia issued under the act of Congress approved
Junc 20, 1874, at maturity.
Mr. S M IT H o f G eorgia. T h e distinction is right there draw n
between the fu n ded indebtedness and tlie three-sixty-fives. The
h a lf-a n d-h alf d octrin e did apply to tlie fu n ded debt, but the
three-sixty-fives w ere to be paid ou t o f the T reasu ry and charged
•Against the D istrict, and the act o f 1878 again draw s the distinc
tion. T he Senator from K ansas con fu sed in his referencesJ:o the
statutes the fu n ded indebtedness w hich existed prior to 1874 and
•he three-sixty-fives. T h ey w ere referred to in the various acts
hi different language. T he tliree-sixty-fives are a lw ays referred
to as “ the tliree-sixty-fives,” and the fun ded indebtedness is
referred to as “ the fun ded indebtedness.”
T he Governm ent
hffiy have assum ed on e-h alf o f the old fun ded indebtedness
Prior to 1874; hut the tliree-sixty-fives w hich w ere to take up
the indebtedness still outstanding and not fun ded at all in 1874,
Mere to bo guaranteed by the Governm ent, and the act o f 1874
expressly provided th at they w ere to be paid fo r by taxes levied
11Pon the property in the D istrict.
Now , w hen w e com e to the act o f 1878, that portion o f the
respon sibilities o f the D istrict fo r w hich the N ational Govern'bent u ndertook to meet by an expenditure o f one-half did not
include the 3.65 bonds or the interest thereon. You w ill find
Die provision on pa ge 104 o f volum e 20 o f the U nited States
►Statutes at Large. A s to the ch aracter and responsibilities
o f the D istrict fo r w h ich the N ational G overnm ent undertook
i° Pay one-half, you w ill find that in no sense w as (he principal
°i‘ the interest o f the 3.65 bonds included. On the contrary,
5’ou w ill find that that a ct provides th at as to all o f those bonds
the total shall he paid ou t o f the G overnment s proportionate
half, because it w a s to he a charge against the D istrict e x
clusively, and w hen the G overnm ent paid them it w as to con
stitute a part o f its h a lf o f that con tribu tion w hich the G ov
vECOlvD— SENATE.
3381
ernm ent agreed to m eet on a different class o f lia b ilities o f the
D istrict.
I do not claim to have read all o f the statutes, but I do cla im
that the reasons presented b y the Senator from K ansas do not
sustain the proposition that the G overnm ent is to pay the tlireesixty-fives; and w hen he says they w ere p ra ctica lly G overnm ent
bonds the position is not ju stified by the facts. They w ere in no
sense G overnm ent bonds.
Mr. C U R T IS. Mr. P resident-----The P R E S ID IN G O F F IC E R . D oes the Senator from G eorgia
yield to the Senator from K ansas?
Mr. S M IT H o f Georgia. I yield.
Mr. C U R T IS. D oes the Senator contend that when the G ov
ernm ent pledges its faith and arranges fo r the appropriation
to meet those obligations they a re not as good as Governm ent
obligations or bonds?
Mr. S M IT H o f Georgia. Oh, there is a vast difference be
tween a thing being as good as som ething else and being the
som ething else itself. W h a t I am insisting is that w h ile” <hey
w ere as good as Governm ent bonds they w ere n ot G overnm ent
bonds. I f I ow e a hundred thousand dollars and the Senator
from K ansas guarantees my debt, it m ight m ake the hundred
thousand dollar note p erfectly good, but it w ou ld not make ii the
note o f the Senator from K a n sa s; it w ould be m y o b lig a tio n ;
and if be paid it fo r me, lie w ould com e on me to pay it back to
him. W hen the Senator calls the tliree-sixty-fives “ G overnm ent
bonds ” b e forgets the distinction betw een guaranteeing an o b liga
tion for. w hich you are in no sense prim arily liable, simply to help
out the jtarty fo r whom you m ake tlie guaranty, and m aking
the obligation y o u rs e lf; and that is the con dition o f these bonds.
The w hole argum ent the Senator built up w as upon statutes
referrin g to the funded indebtedness, w hich he h im self show s
by his quotation from the act o f 1879 is entirely different from
the tliree-sixty-fives. T h e act o f 1879 still carries the disl motion
betw een the fun ded indebtedness o f the D istrict, o f w hich the
G overnm ent agreed to pay on e-h alf by the act o f 1874, and the
three-sixty-fives, o f w hich the Governm ent d id n ot undertake to
pay half.
Mr. T O W N SE N D . Mr. P resident------ T he P R E S ID IN G O F F IC E R . D oes the Senator from Georgia
yield to tlie Senator from M ichigan?
Mr. S M IT H o f G eorgia. Certainly.
\ Mr. T O W N SE N D . Can the Senator inform the Senate how
\he interest on these bonds has been m et since the bonds were
issued, or rather since 1878?
Vdr. S M IT H o f G eorgia. I can not.
Mr. TO W N SE N D . The Senator does not know w hether or
not\they have been treated as an obligation, on e-h alf o f w hich
w as Yo be paid by the United States?
M A S M IT H o f G eorgia. I do not.
M rA C U R T IS . Mr. President—
T h e X l’R E S ID E N T pro tem pore.
D oes the Senator from
GeorgiaXyield to the Senator from K ansas?
Mr. SM IT H o f G eorgia. Certainly.
Air. C U R T IS. I f I may he perm itted to interrupt, I w ill say
they lia v a b e e n appropriated fo r every year and treated as a
jo in t obligation. A contest w as made over tlie bill in tlie H ouse
w bieb raistVl the question o f the Governm ent's responsibility fo r
on e-h alf o f the interest. Mr. B lackburn contended that the G ov
ernment w a s V o t responsible fo r the principal, but adm itted that
it w as responsible fo r on e-lialf the interest.
Air. SA IIT lA o f G eorgia. T h e Governm ent w as responsible
fo r both the principal and the interest by the act o f 1874, and
all the c o n fo s io A h a s grow n out o f that fact. I f the G overnm ent
has paid at a n y U im e this interest w ith ou t ch arging it up to
the D istrict, it. Inks been sim ply an im proper paym ent, because
the original transaction itself show s that the lia b ilities arose
prior to 1874, and th e y w ere lia b ilities fo r w hich the G overn
ment w as in no seutee responsible. Besides, the a ct in w h ich
the G overnm ent guaranteed these notes exp ressly protected the
G overnm ent from liab ility by providin g th at the m oney w as to
be raised by taxes on \be property in the D istrict. T h e act o f
1876 follow in g it, provided that the S ecretary o f the T reasu ry
should pay the in te r e s t w henever it w a s n ecessa ry ; but the
Secretary o f the Treasury, w hen he pa id it, m ust ch arge it up
against the D istrict. The\G overnm ent m ay have pa id it since,
but, i f so, unless you show me som e a ct o f Congress changing
the provision o f the act o f 1876, it ou ght to have been ch arged
up against the D istrict w h e n y h e G overnm ent pa id it. I t w ould
have been a g ift at any Unite it w a s paid, fo r there w as no
liability. T he act: w hich guaranteed the bonds did not assum e
liability, except to the holders
the bonds, and, follo w in g the
act. the Secretary o f the T reasu ry w as expressly directed when
he made a paym ent to ch arge it up to the D istrict.
Air. President, all I ask is th is : The su b ject cam e up fo r d is
cussion in tlie other H ouse and they concluded that they coukl
3388
CONGRESSIONAL RECORD— SENATE.
not decide it. T h erefore, w h at did they d o ? Th ey sim ply pro
vid ed that the interest should he paid, w ith ou t decidin g it now.
leavin g it open fo r fu tu re con sideration. I adm it that it w ould
he better to decide it ; but are w e in a position, ju d icia lly , to
decide it? There m ay he som ething yet th at can he fou n d that
w ill lead m e to believe h erea fter that, f o r som e reason I do not
n ow know, th e G overnm ent ought to pa y h a lf; but, as 1 read the
statutes, w ith m y lim ited in vestigation suggested by the debate
in the other H ouse, I think the G overnm ent is liable.
T h is is llie p rovision the H ouse sent u s:
F kijet'ahy 19
T h e yeas and n ays w ere ordered, and 1lie S ecretary proceeded
t o c a l l t h e r a il.
M r. S H E P P A R D (w hen Mr. O v l u e r ,s o n ' s nam e w as ca lle d ).
I desire to announce that m y collea gu e [M r. C u l b e r s o n | is abseut oil business o f the Senate, and is pa ired w ith the Senator
from D ela w a re [M r. nix P o n t ] .
M r. S M IT H o f M ichigan (w h en his nam e w as c a lle d ). I am
paired w ith the ju n io r Senator from M issouri [M r. R e e d |. j
tran sfer that p a ir to the senior Senator from C on n ecticu t [M r.
B rvndegee ] and vote. I vote “ yea.”
T he roll call w as concluded.
For interest and sinking' fund on tlie funded debt, #975,408. which
Mr. N E L SO N (a ft e r h avin g voted in the a ffirm a tive). I have
sum shall be paid out of funds and accounted for in accordance with
the acts of Congress in relation thereto.
an in form a l p a ir w ith the senior Senator from G eorgia [M r.
It m akes the appropriation, but it does not undertake to d e B a c o n ] , and I th erefore desire to w ith d raw m y vote.
M r. C L A R K o f W y om in g (a ft e r h av in g voted in the affirm a
cid e how the a ccou nting shall take place in the future. I f I
am obliged to decide now I should say, w ith the ligh t b efore me, t iv e ). In the absence o f tlie senior Senator fro m M issouri
that it should he charged to th e D istrict, and th a t the provision [M r. S t o n e ] , w ith w hom I have a g e n e r a l pair, I w ith d raw mv
vote.
rep orted by the Senate com m ittee is w rong,
Mr. D IL L IN G H A M (a ft e r h aving voted in the a ffirm a tive).
t 'piie Senator from K ansas presented a line o f argum ent to
the contrary, w hich w as based largely upon the proposition that I w ish to inquire w hether the senior Senator from South C aro
the act o f 1874 referred to the fu n ded indebtedness and d id not lina [M r. T i l l m a n ] h a s voted ?
T h e P R E S ID E N T pro tem pore. T h e C h air is in form ed that
tak e into consideration the fa c t that the fun ded indebtedness
, referred tc in a ll these a cts w as not the three-sixty-fives, but an that Senator has not voted.
M r. D IL L IN G H A M . I have a gen eral p a ir w ith th a t Sena
oth er class o f indebtedness, and that all these acts re fe r to the
fu n ded indebtedness in one w a y and the th ree-sixty-fives in an tor. I tra n sfer it to the senior Senator from N ebraska [M r.
other. H e based h is entire argum ent upon the supposition that B r o w n ] and vote. I vote “ vea.”
M r. B O U R N E ( a f t e r h p srsfq f-voted Th-ddie affirm a tive). In tho
th at reference to the fun ded debt in the a ct o f 1874 a pplied to
the three-sixty-fives, w hich w ere then being provid ed fo r but absence o f the S e iu j^ e fir o m A labam a [M r. B a n k h e a d ] , w ith
w h ich had not been issued and w hich are n ot treated in any w hom I have a totfi'pora ry pair, I w ith draw m y vote.
Mr. KERIN’ T n the absence o f the Sen ator fro m K en tu ck y
o f the acts as a part o f the fu n ded indebtedness.
Mr. W O R K S . M r. President, I w as a n x iou s in the beginning [M r. B r a d l e y ] , I tran sfer m y p a ir w ith him to the Senator
to be in form ed as to the legal lia b ility o f the N ational G overn from O klahom a [M r. O w e n ] and w ill vote. I vote “ n a y .”
T b e pesult w as announced— yea s 40, n ays 15, as f o llo w s :
ment w ith respect to this claim , a n d also to determ ine w hat the
nature o f that obliga tion was, w hether as a principal debtor or
/
Y E A S — 40.
guarantor.
W ith ou t intending to reflect upon th e argum ent Burnham
Fall
Martin, Va.
Smith, Md.
Fie teller
Martine, N. J.
Smith, Mich.
m ade either by the Senator from G eorgia or th at m ade by the 15nylon
Car ran
Foster
O’Gorman
Smoot
Sen ator fro m K ansas, I am n ot m uch better in form ed now Chamberlain
Gal linger
Oliver
Stephenson
than I w as in the b egin n in g; and th at seem s to have been the Clapp
Gamble
Page
Thomas
Jackson
Penrose
Thornton
con dition respecting this m atter from the tim e this ob liga tion . Crane
Cullom
.Tones
Perkins
Townsend
Was in some sense assum ed by the N ational G overnm ent dow n Curtis
Lippitt
Pomerene
Wetmore
Lodge
to the present time. B u t I am p erfectly satisfied, M r. President, Dillingham
Richardson
W illiam s
McLean
Root
Works
that, as a m atter o f ju stice, the G overnm ent should p a y one- du Bont
N AYS— 15.
h a lf o f this indebtedness. A b ou t th a t I have no doubt w hat
Bristow
Johnston, Ala.
Smith, Ga.
Myers
ever.
Chilton
Kenyon
Overman
Smith, S. C.
In a dd ition to that, I am satisfied that, i f an estoppel could Gore
Kern
Sheppard
Webb.
Gronna
Lea
Smith, Ariz.
run against the N ational G overnm ent, it should be estopped now
NOT VO TIN G — 40.
fro m denying its obligation to pa y on e-h a lf the indebtedness.
Bryan
Johnson, Me.
Poindexter
'Acting upon th at theory, I shall support this am en dm ent; b u t Aslinrst
Bacon
Clark. Wyo.
Kavanaugh
Reed
it does seem to me, M r. President, th at Congress should, on ce f o r Bankhead
Clarke, Ark.
La Follette
Shively
ali, in some w ay settle this question as to the lia b ility o f the Borah
Crawford
McCumber
Simmons
Culberson
Nelson
Stone
G overnm ent, and the sooner that is done the better. I f it Is Bourne
Bradley
Cummins
Newlands
Sutherland
n ecessary that an act o f Congress be passed a ckn ow ledgin g thK Bra dy
Dixon
Owen
Swanson
obligation o f the G overnm ent to pay any portion o f this debt, Bnuidegce
Gardner
Paynter
Tillman
Guggenheim
-------- Warren
Percy
th at should be definitely fixed by Congress and the m atter set Brig us
Brqwn
Hitchcock
Pittman
Watson
tled from this tim e on.
So' the am endm ent o f the com m ittee w as agreed to.
Mr. C U R T IS . M r. President, m ay I in terru pt the Senator?
T h e n ext com m ittee am endm ent passed over was, on page S8,
T h e P R E S ID E N T pro tem pore. D oes the Senator from C ali
a fte r line 1 2 , to in se rt:
fo rn ia yie ld to the Senator from K ansas?
The reimbursement required to be made to the United States by tin*
Mr. W O R K S . I yield.
District of Columbia under tbe provisions of tho sundry civil appro
Mr. C U R T IS . I thought section 7 a n sw ered the Senator’ s priation act approved August 24, 1912, on account of deficiencies i >
question. I should like to read this extra ct from the a ct o f payments for the care and maintenance of the insane of said District
during the fiscal years 1881 to 1911, inclusive, is hereby fixed r
1874:
$719,536.09.
Sec . 7. That the sinking-funcl commissioners of said District are
hereby continued; and it shall he the duty of said sinking-fund com
missioners to cause bonds of the District of Columbia to he prepared,
in sums of $50 and $500, hearing date August 1, 1874, payable 50
years after date, bearing interest at the rate of 3.G5 per cent per an
num, payable semiannually, to ho signed by the secretary and the
treasurer of said sinking-fund commissioners and countersigned by the
comptroller of said District, and sealed as the board may direct.
Show ing clea rly th at these bonds w ere issued b y the sinkingfu n d com m issioners.
. Mr. W O R K S . On the oth er hand, M r. President, it is con
tended by the Senator from G eorgia, and I think w ith some
fo rce , that the statute o f 1874 on ly w ent so f a r as to m ake the
G overnm ent a guarantor fo r the paym ent o f this debt and ob li
ga tin g itse lf to pay, the am ount to be repaid b y the D istrict.
T h a t uncertainty ought in m y ju dgm en t in som e w ay by direct
a ct o f Congress to he cleared up.
i T h e P R E S ID E N T pro tem pore. T h e question is on agreeing
to the am endm ent o f the com m ittee. [P u ttin g the question.]
B y the sound, the ayes appear to have it.
Mr. S M IT H o f Georgia. I ask fo r a division.
T he question being put, there w ere, on a division — ayes 15,
noes 1 0 .
Mr. S M IT H o f Georgia. I call fo r the yea s and nays.
T h e am endm ent w as agreed to.
T he n ext com m ittee am endm ent passed over was, on page 9 ;
a fte r lin e 14, to in sert:
In connection with said reclamation and development of the Am
costia River and fiats from the Anacostia Bridge to the District lin
the Secretary of W ar is authorized to acquire by purchase or by eoi
demnation, for highway and park purposes, the fee simple and absolui
title to the land along the Anacostia River on both sides thereof b
tween the high-water lines of said river, as determined by the Unite
States Coast and Geodetic Survey, and lines following approximate'
the contour of 10 feet elevation on each side of said river above mea
low water at tho United States Navy Yard, from the Anacostia Brick
to the northeast boundary lino between the District of Columbia am
M aryland; and also all land below tbe high-water lines on each side < '
said Anacostia River between the limits named that is not now owno
by the United S ta te s; and the appropriation herein made for the reel
mation and development of the Anacostia River and flats from tl
Anacostia Bridge northeast to the District line, and all appropriatior
heretofore made for said purpose are hereby made available for tl
purchase or condemnation of said land and for the payment of amoun
awarded as damages for said land and the costs and expenses of tl
condemnation proceedings in the event that it is necessary to institusuch condemnation proceedings: Provided, That if said land or ar
part thereof can not be acquired by purchase from the owners th e m
at a price satisfactory to the Secretary of W ar, the Commissioners <
the District of Columbia, upon the request of tho Secretary of W ai
shall institute condemnation proceedings to acquire such land under the
provisions of chapter 15 of the Code of Law for the District of
Columbia.
191
CONGRESSIONAL RECORD—SENATE.
ti'ol said corporation, its successors or assigns, its management, stocks,
ponds, or evidences of indebtedness in such manner as may be provided
trom time to time by the laws of said State, and the right of said State
to exact from said corporation, its successors or assigns, such annual
charges as may be just and reasonable, taking into account the amount
spent and required to be spent by said corporation in improving the
navigation of said river, and the right o f said corporation to a rea
sonable return on the fair value of such dam and appurtenances, works,
and property, allowing for the cost of construction, maintenance, and
renewal.
the dam to the extent o f creating the necessary depth o f w a ter
fo r navigation, and then goes fu rth er a nd builds an a ddition to
that dam fo r the purpose o f creating a dd ition al w a ter pow er
f o r com m ercial purposes. I t n ot only recognizes the right o f
the G overnm ent in the ow nership o f w aters in ciden tally gen
erated in the construction o f the dam, but it grants it the
pow er to build a dam fo r the purpose o f crea tin g a w ater
pow er.
Mr. B R A N D E G E E . M r. President, th at is a sam ple o f one
M r. O 'G O RM AN . Mr. President, I desire to add a few w ords
° f the am endm ents w ith w hich the Senate burdened the Con to w hat I said earlier ib is afternoon. In m y judgm ent, in
necticu t R iv e r dam bill. There are several o f them here, one principle this am endm ent is as objection able as the C onnecticut
o f them a uthorizin g the S ecretary o f W a r to cancel the perm it dam bill, w hich w as b efore us a few days ago. In som e re
i f the com pany ever in any w ay, directly or in directly, should spects it is w orse than the C onnecticut dam bill. T h is m uch
becom e identified w ith any “ t r u s t ” or anything o f that kind. is c le a r : The Senate can n ot adopt this am endm ent w ith ou t
I sim ply h ad this read to show w hat the Senate had done in the stu ltifyin g itself, and w ith ou t givin g encouragem ent to those
other ca s e ; b u t I decline to em barrass the Senator's am endm ent w ho advocated the C onnecticut dam b ill to renew their efforts
w ith any such suggestions, and I w ith draw the propose^ am end to have that b ill passed b y Congress, although this body by a
ment.
large m ajority, a few days since, declared that its principles
T he P R E S ID E N T pro tem pore.
T h e am endm ent to the w ere obnoxious to the Constitution o f the U n ited States.
am endm ent is w ith draw n . T he question is upon the am end
Mr. N E W L A N D S. M ay I ask the Senator from N ew Y ork
ment o f the com m ittee.
w hether he regards the am endm ent as ob jection a b le if the
Mr. O 'G O R M A N . U pon that I ca ll fo r the yea s and nays.
State o f M innesota; or this corporation organ ized under its au
T he P R E S ID E N T pro tem pore. T he yea s and nays are de thority, w ill jo in t w ith the United States in the con stru ction o f
manded. Is there a second?
the dam , the United States paying that proportion o f it that
Mr. B O R A H . M r. President, may I ask w hich amendm ent is u seful to navigation and the State or its agent, a cting under
is now to be voted upon?
its authority, paying that proportion w h ich creates the pow er
T he P R E S ID E N T pro tem pore. I t is the p a rt in italics on necessary fo r the developm ent o f electricity?
Mr. O ’GO RM AN . I w ould consider th at proposition abso
Pages 53 and 54 o f th e bill.
Mr. B O R A H . B efore that am endm ent is voted on I should lu tely indefensible. T h e State o f M innesota can n ot enlarge
lik e to know w h at is the difference in princip le betw een Ibis the pow er o f the Federal Governm ent, and under the restricted
amendm ent and the C onnecticut dam bill that w as voted on and enum erated pow ers possessed by the F ederal G overnm ent
Hie oth er d a y ? I have been com p elled 'to be absent fo r a time. ft has no righ t to the pretensions recognized by this m easure.
Mr. B R A N D E G E E . I do n ot know.
M r. N E W L A N D S. T he Senator, therefore, contends th at in
Mr. N ELSO N . Mr. President, the m ain difference is that this /th is case, w here a structure in the river is necessary fo r n avidam is built b y the Federal G overnmicnt and ow ned b y the F ed - j gaticn, and that structure can also be m ade availa b le fo r the
ent
the
oral G overnm ent entirely, and Ibis com pany is created b y th e / developm ent o f w a ter pow er, it w ou ld be incom petent fo r the
State o f M innesota to utilize it fo r the purpose o f f u m is liin / N ation to enter into an arrangem ent w ith the State b y w hich
electric pow er to the tw o cities o f St. P au l and M inneapolis the N ation w ou ld pa y that portion o f the cost w hich w o u ld
and to the State university.
prom ote n avigation and the State o r its agent w ould pay that
M r. B O E A II. Mr. President, this am endm ent rea d s:
proportion and the cost w h ich w ould prom ote the developm ent
Sueh agreement shall provide for the privileges secured, thereby said o f electric pow er.
corporation shall pay to the United States the fair and proportional
M r. O ’G O RM AN . T h ere is on ly one w ay provided by the
cost of maintenance of said dam.
C on stitu tion o f the U n ited States f o r the reim bursem ent o f
A n d so forth.
/
expenses in curred b y the U nited States G overnm ent, and that
T h ere is a differen ce so fa r as th e ph ysical fa c ts a rb con
is by tlio ta x in g clau se o f the Constitution. T he Federal G overn
ce rn e d ; b u t th ere is no difference, to m y mind, betwetfn\the ment, in disregard o f the au th ority and lim itation, can not
princip le w hich is in volved in this am endm ent and tl/e due seek to im pose a specific ta x upon the loca lity w here a neeesMhich w as in volved in the C onnecticut D am b ill, that p , tliirt sary im provem ent is m ade by the Federal G overnm ent under the
ne G overnm ent o f the U nited States is p io p o s m g to lippose a \ c o m m e r c e clause. I f the n avigability o f a river needs im proveimprt
hurden fo r the special benefit o f navigation, w hich burden w ill ment, it is the duty o f the Governm ent to go into that river and
finally be puid b y those w h o use this pow er. It is o w n m ore m ake the im provem ent, and once it is made the fu n ction o f the
ob jection ab le than the C onnecticut dam b ill— it has all o f its G overnm ent is exhausted. T h e righ ts and the pow ers and tlie
D ees a nd none o f its virtues. I can n ot understand ho\)f th e Sen au th ority o f the State rem ain absolutely unim paired.
ate can disapprove the C onnecticut b ill and a p p r o /e o f this
Mr. N E W L A N D S . I do n ot think the Senator understood
amendm ent.
m y question. T h e question that I put d id not in volve ta x ation
Mr. S M IT H o f South Carolina. Mr. President, I Sh ould like or a charge fo r the use o f the dam, or a nyth ing o f th at kind.
to ask the Senator from Idah o if th is difference doc* not e x is t : I t sim ply involves a case w here the Nation desires to p rom ote
Mi the C onnecticut R iv e r p roject the question in debate w as, i f navigation a n d a dam is necessary fo r that p u rp ose; an d the State
the dam w a s raised sufficiently h igh to serve Hit purpose o f w ishes to prom ote the developm ent o f h ydroelectric p o w e r ; and
navigation,- did the G overnm ent ow n the pow eT in ciden tally the sam e dam is useful fo r that purpose it requ iring only a
created o r n o t? T h is am endm ent proposes to g o /t o th e extent som ew hat larger expenditure. I ask the Senator w hether he
° f crea tin g an a ddition to the dam fo r the purpose o f creating ob jects to an arrangem ent by w hich the N ation and the State
Power. T h e d ifferen ce betw een th e tw o is that/ one is clea rly can coop erate in that w ork, each paying tlie p a rt o f the cost
Within the fu n ction o f the G overnm ent— that is, toAmilu the dam — o f the structure that belongs to its ju risdiction .
and the on ly question is w hether the incidental p ow er created
Mr. O ’G O RM AN . I gave, I think, a sufficient answ er to th at
hy that dam is G overnm ent property or not. T h is includes th at
p r o p o s itio n ; and beyond that I have to rem ark that that is
and goes further, and gran ts to the G overnm ent the righ t to
n ot the proposition w e are called to vote upon. Th at is not the
construct, a t an add ition a l cost, a dam fo r ta e purpose o f gen
proposition in volved in the b ill affecting the im provem ent o f
erating pow er.
/
the M ississippi R iver.
Mr. B O R A II. Mr. President, I am n ot £ o in g to delay the
Mr. N E W L A N D S. B ut I w as addressing m y self to (lie ques
v ° f e on this m atter. I have expressed m yself on the other
tion as to w h at arrangem ent cou ld be made, in the ju dgm en t o f
m easure, so that it is n ot necessary to go into a discussion o f it.
the Senator, to prom ote a very h ighly desirable end, nam ely,
j do n ot desire to d ela y i t
B u t th e difference w hich the Sen
tlie prom otion o f navigation and the developm ent o f the h y d ro
a tor states is n ot a difference excep t in a/ very lim ited w av, be
cause the p rin cip le w hich is involved, inf m y judgm ent, is ju st electric pow er b y means o f the same structure, the w ork in volv
ing the sovereignty and the ju risd iction o f the N ation and the
Uie same.
/
State, and in volvin g a certain degree o f coop era tion betw een
Mr. S M IT H o f South Carolina. I Should like to call the
Senator’s attention to this fa ct, becausfc it seems to m e there them. Is it the Senator's view that there can be no coop era
such a cle a rly m arked difference th .it it is uot even a subject tion betw een the N ation and the States in a w ork o f that kind,
° f argum ent. T h e G overnm ent has thq pow er delegated to it to w here each does its part, each con tribu tes to the cost, and each
con stru ct a dam to im prove navigation, and, w here the circu m receives the benefit o f the use th a t belongs to its ju risd iction ?
Mr. O 'G O RM AN . Each pow er, the F ederal Governm ent on
stances dem and such action, it is obligatory. A s to the in ci
dental w a ter pow er th a t m a y be generated b y the use o f the the one lum d and the State on the other, is operating w ithin a
Power o f the G overnm ent, the question in the case o f the Con- sphere altogether its own. T h ere is no need, as w as suggested
Pocticut R iv e r dam w as, W h a t w ere the G overnm ent's rights in h ere to-day, to have this very valu able surplus w ater w asted.
that incidental pow<w? In this measure the G overnm ent builds I f the organ ization in w hich the cities o f M inneapolis a nd St.
w oo
CONGRESSIONAL RECORD— SENATE.
E ebkuaey 20,
Paul and the university o f the State are interested is the ow ner Is due to the exercise o f Hie governm ental p ow er o f the U nited
o f the riparian rights, as has been stated here, I know o f no States. T h e thing that proh ibits in vasion on the stru cture at
reason why, w ith ou t this legislation, it can n ot go in an d m ake that p a rticu la r poin t is the righ t o f proprietorship in the N a
use o f this surplus w ater to a poin t that w ill n ot im pair the tional Government, acquired w hen the G overnm ent expended
n avigability o f the river.
m oney there to erect the dam . It is a prop rietor as w ell as a
Mr. N E W L ANILS. Mr. President, I sim ply w anted to pursue governm ent. It is a proprietor o f the dam and h as all the
the m atter w ith the view to securing from the Senator some rights o f possession. I t has the righ t o f p rotectin g its posses
solution o f a very desirable object, and th at is the u tilization sions like any oth er proprietor, a nd you can n ot enter on the
from the same stru cture in the interest o f efficiency and dam and do anyth ing good or b a d w ith it w ith ou t the consent
econom y o f tw o uses, one the n ational use relating to navigation o f the N ational G overnm ent. T h e distin ction is a da yligh t d is
and the other the State use relating to the prom otion o f h ydro tinction from m y standpoint. 1 find no difficulty w hatever in
electric pow er. I w anted to have the ligh t o f the Senator’s votin g fo r this amendm ent.
M r. B R A N D E G E E . Ah'. President, b efore the question is
ju dgm en t as to how w e cou ld accom plish that desirable pur
put I w ish to m ake a statem ent that w ill n ot take 30 seconds.
pose w ith in the con stitutional pow ers o f both sovereignties.
T h e P R E S ID E N T pro tem pore. The question is on agreeing I voted in fa v o r o f the C on necticu t R iv e r b ill because I had
absolutely no dou bt o f its entire con stitu tion a lity, inasm uch as
to the amendm ent o f the couufiittee.
M iv C L A R K E o f Arkansas. Mr. President, I voted against the paym ent provided fo r b y the com pany to the G overnm ent
the insertion in the Connecticut R iv er dam b ill o f the propo w a s to he expended fo r purposes o f im provin g the n av iga b ility
sition to allow the N ational G overnm ent to take toll fo r the o f the stream , and fo r those pu rposes only.
righ t to em ploy the surplus w ater created b y th at dam, but I
A s to this provision, I have som e dou bt about its con stitu
shall vote fo r this particu lar amendm ent upon a p erfectly dis tio n a lity ; but in ord er th at the question m ay he a d ju d ica te d by
tinct ground, or rather fo r a reason that is en tirely distinguish the Suprem e Court I shall vote in fa v o r o f this provision, f
able from the principle in volved in that bill.
con sid er that it is fa ir ly w ell adapted to raise the question
T he N ational G overnm ent has the option o f im provin g rivers squarely in the court.
or w ithholding certain im provem ents. A ll legislative pow ers
M r. C L A R K E o f A rkan sas. M ay I ask the Senator from
are discretion ary pow ers.
I f the N ational G overnm ent sees C onnecticut w hether he proposes to offer the C onnecticut R iver
proper to make it a con dition upon w hich it w ill im prove a dam b ill as an am endm ent to this b ill?
river that any incidental revenues w hich m ight be derived
Mr. B R A N D E G E E . T he C onnecticut R iver dam b ill as it
from the im proved con dition shall be devoted in p a rt to the passed the Senate by a very large m a jority , w ith the am end
paym ent o f the expense o f th a t im provem ent, it is w ell w ithin ments, I exp ect w ill be offered later on, at a prop er tim e, w hen
its rights when it insists that th at shall be done.
the b ill is being con sidered fo r am endm ents by in divid u a l Sena
W h ere the N ational G overnm ent sees proper to im prove a tors.
river by the u tilization and installation o f a dam and it linds
Mr. C L A R K E o f A rkansas. I take advan tage o f the circu m
in doin g so it lias created a surplus o f w a ters w hich can be stance w hile I am on m y feet at this tim e to say-------com m ercially used b y being em ployed in the creation o f elec
Mr. N ELSO N . T he Senator fro m C onnecticut does n ot offer
tric pow er, it has a right to sell th at surplus to a nyone or to it as an am endm ent a t this tim e?
harness it itse lf and sell it in its com pleted form .
M r. B R A N D E G E E . N ot at all.
in m y judgm ent, w hen the N ational G overnm ent is not called
Mr. C L A R K E o f A rkansas. T h e reason w h y I think the
upon to im prove any particu la r reach o f a river it has no M innesota case is distinguished from that is because o f the
other rights than those o f navigation. I f it shall be deem ed fa ct o f the proprietorsh ip o f the N ational G overnm ent o f the
proper to install a dam at a point w here the dam is n ot neces dam and the right to utilize any in ciden tal valu e th at m ay ho
sary fo r the purpose o f im provin g n avigation but it is installed created by it. It is th e sam e as i f the N ational G overnm ent
th ere fo r the single purpose o f creating pow er, the N ational ow ned a m ilita ry reservation or an A rm y post and a ra ilroa d
G overnm ent has no a uthority to deal w ith that stru cture fu r sought to cross it. I f the use b y the ra ilroa d com pany w ou ld
ther than to see to it that in itsiconstructibn it does not operate he en tirely consistent w ith its use as an A rm y post, there w ould
as an obstruction to navigation.
be no reason w b y the N ational G overnm ent should n ot be pa id
F o r reasons good or bad the N ational G overnm ent proposes fo r that right.
to install this dam a t St. P au l and M inneapolis. I f in doin g
A Senator n ear m e suggests that as the C onnecticut R iv e r
so a surplus o f w ater is created that w ou ld run to w aste if dam is en tirely con stru cted by a priva te corp ora tion and at its
it w ere n ot em ployed fo r the w holesom e purpose o f crea tin g ow n expense the N ational G overnm ent has no p a rt in the erec
this pow er, it has the righ t to say th a t th at p ow er shall not tion o f ih e dam, and th erefore has no p rop rieta ry in terest to
run to w aste, because no governm ent w as ever designed that protect.
w ould com pel an idle, vain, foolish, or u nrem unerative thing to
Mr. .TONES. T h e am endm ent is open to am endm ent, is it n ot?
be done.
T h e P R E S ID E N T pro tem pore. It is open to amendm ent.
I find T have no difficulty, therefore, in draw in g a distinction
Mr. JO N ES. I w ish lo m ove to strike ou t all o f lines 22, 23,
between the tw o propositions, and I shall vote to put this 24, and 25 on page 53, and lines 1 an d 2 on page 54.
am endm ent on the bill.
T he P R E S ID E N T pro tem pore. T h e Senator from W a sh in g
Mr. O’ G O RM AN . Mr. P resident------ton m oves to strike ou t certain lin es in the am endm ent, w hich
T he P R E S ID E N T p r o tem pore. D oes the Senator from w ill be read.
A rkan sas yield to the Senator from New Y ork ?
T he S e c r e t a r y . On page 53, beginning w ith line 22, strike
Mr. C L A R K E o f Arkansas. W ith pleasure.
o u t:
Mr. O ’G O RM AN . M ay I ask a question o f the Senator from
And
pay in addition
per cent upon
A rk a n sa s? Could n ot the State o f M innesota provide fo r the amount also the United States an annual sum of 4 and expended insuch
as
shall have invested
th,
nse and consum ption o f extra w ater beyond w hat is needed to completion of the project by which such .water power is developed an
maintained over and above the amount actually expended and wide
im prove the n aviga b ility o f the river?
would
Mr. C L A R K E o f Arkansas. It cou ld n o t; fo r the reason that only. have been expended in completion of the project for navigation
there is a proprietary right a s w ell as a governm ental involved.
Mr. JO N ES. Mr. President, ju s t a w ord. I understand this
W hen the N ational G overnm ent condem ns a site on w h ich to
erect a dam and erects the dam , n obod y w ith ou t the consent o f dam w a s bu ilt fo r the purpose o f crea tin g ,a n d pm -footing-aavigation. I f iu the building o f it the Government; h as h ad some
the proprietor can enter on that dam fo r any purpose.
Mr. O’ GO RM AN . Can it take m ore w a ter than is necessary property in the w ater that it h as to a certain extent im pounded,
I do n ot believe it ought to m ake any ch a rge fo r the use o f
fo r the specific pu rpose?
Mr. C L A R K E o f Arkansas. It is not a question o f taking w a ter th at is n ot n ecessary fo r n avigation purposes.
I understand this is a m unicipal corp oration . E ve ry cent im
water. T he G overnm ent does n ot assum e to ta k e a drop.
M r. O’ GORM AN. It. is a pp ropriating it.
posed upon this pow er w ill have to be pa id b y th e people.
Mr. C L A R K E o f Arkansas. N o ; it is not a ppropriating a n y T h erefore I think the G overnm ent ou ght n ot to m ake this
thing.
charge, but it should let the peop le o f St. Paul and M inneapolis
Mr. O ’ GORM AN. Then w hat is the ob jection to the State get the benefit o f it.
providin g fo r the use o f the surplus w a ter?
T h a t is the reason w hy I have m oved to strike out the clause
Mr. C L A R K E o f Arkansas. I t sim ply has not crea ted it. w hich h as been rea d at the desk.
T h e P R E S ID E N T pro tem pore. T h e question is on agreein g
The locu s is there, but it can not enter upon the prem ises fo r the
purpose o f d oin g anything w ith it. The dam itse lf belongs to to the am endm ent to the am endm ent. [P u ttin g the question.]
the N ational Governm ent. It is pu t upon a site condem ned or T h e n ays appear to have it.
Mr. JO N E S. I ask fo r the yeas an d nays.
seized fo r that purpose, and the existence o f the surplus there
1913.
L COED--SENATE.
IE
T he yea s and n ays w ere ordered, and the Secretary pro
ceeded to ca ll tlio roll.
M r. B O U R N E (w lien liis nam e w as ca lle d ). I liave a tem
porary pa ir w ith the Senator from A labam a [M r. B ankhead ],
Consequently I do n ot feel a t lib erty to vote. I f I w ere a t
liberty to vote, I w ou ld vote “ nay.”
Mr. C H IL T O N (w hen his nam e w as c a lle d ). I have a pair
w ith the Senator from Illin ois [M r. C ullom]. I do not know
how ho w ould vote on this question.
Mr. C L A R K o f W y om in g (w hen his nam e w as ca lle d ). I
have a general pair w ith the senior Senator from M issouri [M r.
Stone] . A s that Senator is absent because o f illness, I w ith
hold m y vote.
M r. D U P O N T (w h en his nam e w as ca lle d ). I have a gen
eral pair w ith the senior Senator from T ex as [M r. Culberson-].
A s that Senator is n ot in the Cham ber, I w ill w ith h old m y vote.
Mr. K E R N (w h en h is nam e w as c a lle d ). I have a general
pair w ith th e Senator from K entucky [M r. Bradley]. N ot
know ing how he w ould vote i f present, I w ith h old m y vote.
The ro ll call w as concluded.
Mi-. C L A R K o f W yom ing. I w ill tran sfer m y pair w ith the
Senator fro m M issouri [M r. Stone] to the ju n ior Senator
from Id a h o [M r. B rady] and vote. I vote “ yea.”
M r. T O W N S E N D . I should like to announce that the senior
Senator fro m M ichigan [M r. S m ith ] is u n avoidably absent and
that he is paired w ith the ju n io r Senator fro m M issouri [M r.
R eed].
M r. C H IL T O N . I tran sfer m y pair to the ju n io r Senator
from M aine [M r. Gardner] a nd vote. I vote “-Hay-” W h ile I
am on m y fe e t I w ish to announce the absence, on a ccou nt o f
illness, o f m y colleagu e [M r. W atson], and th a t he is paired
w ith the senior Senator from N ew Jersey [M r. B riggs].
T h e result w as announced— yea s 10, nays 51, as fo llo w s :
Y E A S— 10.
Borah
Clark, Wyo.
T'all
Johnston, Ala.
.Jones
O’Gorman
Smith. Ariz.
Thornton
Tillman
Williams
N AYS— 54.
Ashurst
Brandcgec
Bristow
Bryan
Burnham
Burton
Catron
.
Chamberlain
Chilton
Clapp
Clarke, Ark.
Crane
Crawford
Cummins
Bacon
Bankhead
I>oume
Bradley
Brady
B ri-ss
Brown
Culberson
Curtis
Dillingham
Dixon
Fletcher
Gallinger
Gamble
Gronna
Johnson, Me.
Kenyon
Lea
Lodge
McCumbcr
McLean
Martin, Va.
Martino, N. J.
Myers
Nelson
Newlands
Oliver
Overman
Page
Penrose
Percy
Perkins
Poindexter
Pomerene
Richardson
Root
NOT VOTING— 31.
Kavanaugli
Kern
La Follette
U ppitt
Owen
Paynter
Pittman
Reed
Cullom
du Pont
Foster
Gardner
Gore
Guggenheim
Hitchcock
Jackson
Sheppard
Simmons
Smith, Ga.
Smith, S. C.
Smoot
Stephenson
Sutherland
Swanson
Thomas
Townsend
Webb
Wetmoro
Shively
Smith, Md.
Smith, Mich.
Stone
Warren
Watson
Works
So Mr. Jones's am endm ent to the am endm ent was rejected.
T he P R E S ID E N T pro tem pore. T he question is now upon
the am endm ent rep orted by the com m ittee.
Mr. K E N Y O N . On th a t 1 dem and the yeas a nd nays.
T he yeas a n d n ays w ere ordered, a nd the Secretary proceeded
to ca ll the roll.
\ Mr. B O U R N E (w hen his nam e w as c a lle d ). I have a tem
porary pa ir w ith the Senator from A labam a [M r. B ankhead ],
b u t I- urn a t lib e rty in. v ote “ y e a ” on th is question, know ing
that, if present, th e Senator from A labam a w ou ld vote in that
B ay. i th erefore vote. I vote “ yea.”
Mr. C H IL T O N (w h en h is nam e w a s c a lle d ). I tran sfer m y
Pair w ith the senior Senator fro m Illin ois [M r. C u l l o m ] to the
Senator fro m A labam a [M r. B a n k h e a d ] , and vote. I vote
“ yea.”
Mr. D U P O N T (w h en h is nam e w as c a lle d ). I again an
nounce m y p a ir w ith the sen ior Senator fro m T e x a s [M r. C u l
berson ].
A s I do not kn ow how he w ould vote on this question
i f present, I w ith h old m y vote.
Mr. K E R N (w h en his nam e w as ca lle d ). I again announce
hiy pa ir w ith the Senator from K entucky [M r. B radley], and
w ith h old m y vote, n ot kn ow in g how he w ould vote i f present.
T he roll call w as concluded.
Mr. C H IL T O N . I w ish again to announce the p a ir o f m y c o l
league [Mi*. W atson] w ith the Senator from N ew Jersey [M r.
Rriggs], i w ill let tliis announcem ent stand fo r the rem ainder
° f the day.
X L I X --------221
3501
T h e result w a s announced—-yeas 40, nays 16, as fo llo w s :
YEAS—46.
Ashurst
Bourne
Brandegee
Bristow
Burnham
Catron
Chamberlain
Chilton
Clapp
Clarke, Ark.
Crane
Crawford
Cummins
Curtis
Dillingham
I >ixon
Fletcher
Gallinger
Gamble
Gronna
Lea
Lodge
McCumber
McLean
Borah
Bryan
Burton
Clark, Wyo.
Fall
Johnson, Me.
Johnston, Ala.
Kenyon
Bacon
Bankhead
Bradley
Brady
Briggs
Brown
Culberson
Cullom
du Pout
Foster
Gardner
Gore
Guggenheim
Hitchcock
Jackson
Jones
Kavanaugli
Kern
Martin, Va.
Martine, N. J.
Nelson
Newlands
Oliver
Page
Penrose
Percy
Perkins
Pomerene
Richardson
Root
Simmons
Smoot
Stephenson
Sutherland
Swanson
Tillman
Townsend
Webb
Wctmore
Williams
N AYS— 1G.
Myers
O’Gorman
Poindexter
Sheppard
Smith, Ariz.
Smith. S. C.
Thomas
Thornton
NOT VO TIN G — 33.
La Follette
U p p itt
Overman
Owen
Paynter
Pittman
Reed
Shively
Smith, Ga.
Smith, Md.
Smith. Mich.
Stone
Warren
W atson
Works
So the amendm ent w as agreed to.
M r. M cL E A N . M r. President, in view o f the ch a ra cter o f the
am endm ent w hich has ju s t been adopted to the river a n d h ar
b or bill, I desire to give n otice th a t a t the proper tim e I shall
offer as an amendm ent Senate b ill S033, w hich is the C on necti
cu t R iv e r dam bill, w hich passed the Senate the oth er d a y w ith
several am endm ents attached. F o r the in form a tion o f the Sen
ate, I w ill say th at the am endm ent w hich I shall offer is the
bill as it passed the S en a te; th at is, it includes th e am endm ent
offered b y the Senator from A labam a [M r. B a n k h e a d ] , the
am endm ent offered b y the Senator from W ash ington [M r.
J o n e s ] , and the am endm ent offered b y the Senator from Idah o
[M r. B o r a h ] .
Mr. N ELSO N . Mr. President, w e have now disposed o f all
the am endm ents to the pending b ill excep t the tw o am endm ents
in w h ich the Senator from M issouri [M r. S t o n e ] is interested,
j w h ich w e have agreed should lie over until to-m orrow , and the
am endm ent w hich the Senator from C onnecticut [M r. M c L e a n ]
proposes to offer to-m orrow . I th erefore ask that the b ill m ay
be n ow la id aside.
Mr. T H O M A S, Mr. P E R C Y , and oth ers addressed the Chair.
T he P R E S ID E N T pro tem pore.
One Senator a t a tim e,
please. T h e Senator from C olorado [M r. T h o m a s ] first a d
dressed the Chair, and the Chair w ill recognize him.
M r. T H O M A S. M r. President, I w ant to ask unanim ous
consent to take up a m easure, but I shall do that later.
M r. N E W L A N D S . M r. President, I w ish to m ake a state
m ent in connection w ith the statem ent m ade by the Senator from
M innesota [M r. N e l s o n ] . I shall also ask a vote to-m orrow
upon the am endm ent w hich I have offered provid in g fo r the
creation o f a river regulation board.
Mr. N ELSO N . C erta in ly; the Sen ator's am endm ent w ill
com e up to-m orrow . I ask now that the b ill be la id a side fo r
the day.
M r. B O R A H . Mr. President------M r. P E R C Y . I should like to ask ilie Senator from M inne
sota a question in regard to the bill.
T h e P R E S ID E N T pro tem pore. T h e bill, under the a gree
ment m ade this afternoon, w ill necessarily go over, a s an a gree
ment w as reached th at com m ittee am endm ents should first be
considered, and there are such am endm ents w hich are to be
con sidered to-m orrow .
Mr. P E R C Y . W h a t I w ished to ask does not relate to that,
M r. President. I w ish to kn ow w h at d isp osition w as m ade o f
the am endm ent offered proposing to appropriate $250,000 to the
city o f M em phis? D id that go out, as I understand, on a point
o f ord er?
M r. N ELSO N . I w ill state that the Senator from M ississippi
m ade the poin t o f order, and the poin t w as sustained. T h at
is m y recollection.
Mr. P E R C Y . T h a t is m y recollection o f it.
Mr. N ELSO N . I ask that th e pending b ill m ay be laid aside.
Mr. B O R A H . Mr. President, b efore th at is done I w ant to
say th at I shall offer som e am endm ents to the b ill to-m orrow ,
and I presum e that w ill bo in order.
T h e P R E S ID E N T pro tem pore.
T h a t w ill be in order.
W ith ou t objection , the b ill w ill be laid aside.
j
E ebeuaey 20,
CONGRESSIONAL RECORD— SENATE.
DIPLOMATIC AND CONSULAR APPROPRIATION BILL.
i
/JE A N IE G. LYLES.
Mr. C U R T IS. I m ove tliat the Senate proceed to the con
sideration o f H ou se bill 2S607, the diplom atic and consular
appropriation bill.
T he m otion w a s agreed t o : and the Senate, as in Com m ittee
o f the W hole, proceeded to''consid er the b ill (H . It. 28607) m ak
ing appropriations fo r the D iplom a tic and C onsular Service fo r
the fiscal year ending June 80, 1914, w h ich had been reported
from the Com m ittee on A pp ropria tion s w ith amendm ents.
Mr. C U R T IS .
I ask unanim ous consent that the form a l
reading o f the bill be dispensed w ith, th at the b ill be read fo r
amendm ent, and that the com m ittee am endm ents be first d is
posed of.
T he P R E S ID E N T pro tem pore. W ith ou t ob jection , that order
w ill be made.
T h e S ecretary proceeded to re a d the bill.
T he first am endm ent was, under the subhead “ B ou n d ary line,
A laska and Canada, and the U nited States and C anada,” on page
1 2 , line 7 . a fter the w ord “ notes,” to strike out “ $ 100,000 ” and
in sert “ $105,000,” so as to m ake the clause re a d :
Mr. T H O M A S. I ask unanim ous con sen t f o r th e presen t con
sideration o f the bill, (S. 8404) f o r the re lie f o f Jeanie G. L yles.
T h e P R E S ID E N T pro tem pore, T h e b ill w ill be read fo r
the in form a tion o f .the Senate.
T he S ecretary r e a d the bill.
Is th ere o b jectio n to the
T h e P R E S ID E N T pro tem pore,
present con sideration o f the b ill?
Mr. SMOOTH Mr. President, I desire to ask the Senator
from w h at com m ittee the b ill is rep orted ?
Mr. T H O M A S. I t w a s rep orted on F eb ru a ry 17 fro m the
Com m ittee bn C laim s b y tlie Senator from South D a k ota [M r.
To enable the Secretary of State to mark the boundary and make
the surveys incidental thereto between the "Territory of Alaska and
the Dominion of Canada, in conformity with the award of the Alaskan
Boundary Tribunal and existing treaties, including employment at the
scat of government of such surveyors, computers, draftsmen, and clerks
as are necessary to reduce field notes ; and for the more effective de
marcation and mapping, pursuant to the treaty of April 11, 1908, be
tween the United States and Great Britain, of the land and water
boundary line between the United States and the Dominion of Canada,
as established under existing treaties, to be expended under the direct
tion of the Secretary of State, including employment a \ the seat oi
government of such surveyors, computers, draftsmen, and clerks as are
necessary to reduce field notes, $105,000, together with the 'unexpended
balance of previous appropriations for these objects.
T he am endm ent w a s agreed to.
T he n ext am endm ent was, on page 16, a fter line 5, to
o u t:
m
I
Mr. SA^OOT. Is there a printed rep ort a ccom pa n yin g the
b ill?
M r. T H O M A S . T h ere is a printed report.
Mr. SM O O T. A ll I w ish to say is that, i f th is b ill should
becom 0 a law , it w ou ld bo en terin g upon a p o licy w h ich I
think; w ould lead to the expenditu re o f a grea t deal o f m oney.
I w as not present in the Claim s C om m ittee w hen the bill w a s
passed upon, and I do n ot like to offer an o b jection as again st
tlie chairm an o f that co m m itte e ; but it does seem to m e th at
it is a very dan gerou s preceden t to establish, and that such a
bill should n ot be passed unless th ere is som e real go o d reason
fo r so doing.
M r. T H O M A S . T h ere is, Mr. President, and I think the
report o f the com m ittee w ill disclose the reason. T h e report
is b rief, and I ask that it m ay be read.
T he P R E S ID E N T pro tem pore. W ith ou t ob jection , the re
p ort w ill be read.
T h e S ecretary proceeded to read the rep ort subm itted by M r.
C r a w f o r d on the 17th instant, and read as f o llo w s :
The Committee on Claims, to whom was referred the bill (S. 84041
for the relief of Jeanie G. Lyles, having considered the same, renort
thereon with a recommendation that it do pass.
The right of the claimant to the sum allowed and recommended hv
FISHERIES CONVENTION, UNITED STATES AND CANADA.
this committee is based upon an invention of an attachment to a
packsaddle for carrying a rapid-firing gun on horseback, by First Lieut
For the payment of the compensation of a commissioner on t*e pai
of the United States under the convention between the United1 States’ De W itt C. Lyles, of the Twentieth United States Infantry, who
died in the general hospital, Washington Barracks, December 9, 1903
and Great Britain concerning the fisheries in waters contiguous to the
United States and the Dominion of Canada, signed at Washington on And who was a son of the claimant. This young officer, while serv
ing in the Philippine W ar, was afterwards required to go into rough
April 11, 1908, and of the share of the United States of the-expenses
that may be incurred in carrying out the convention during the fiscal ana. mountainous country to fight the enemy, and was forced to carry
” apid-firing gun on horseback, which was very unhandy.
To
year ending June 30, 1914, $2,000.
(
obviate the difficulty he invented a frame, or attachment to a saddle,
T h e am endm ent w as agreed to.
which \was adopted by the W ar Department, and has been in general
T he n ext am endm ent was, under the subhead “ W a terw a ys use eve*, since as a military device for carrying rapid-firing guns over
land on horseback.
treaty, United States and G reat B r ita in : International Joint
This indention was patentable, but no patent was taken out by the
Com m ission, U nited States and G reat B ritain,” on page 18, line inventor; And as it does not appear from the evidence that he spent
22, a fte r the nam e “ D istrict o f C olum bia,” to insegt “ expense any time trom his military duties in working out this invention, and
as The Government has received as much benefit
its
o f p r in tin g ” ; and, on page 19, lin e 16, a fter the w o rd “ pu r inasmuch could’ havo done had it been patented, in which ease fromGov
use as it
the
pose,” to in sert “ to be disbursed under the direction o f the ernment would \ave been required to pay the inventor a royalty, it is
deemed by the chpimittee that it is right and proper for the Govern
Secretary o f State,” so a s to m ake the cla u se read
ment of the Unitfed States to pay about what the royalty would be
For salaries and expenses, including salaries of commissioners and had the invention "keen patented.
In order to arrive at an equitable
salaries of clerks and other employees appointed by thqr commissioners allowance the whole\question has been submitted to the W ar Depart
on the part of the United States with the approval solely of the Sec ment, and we are adyjsed by that department that $2,500 would not
retary of State, including rental of offices at Washington, D. C.. ex be excessive, with a repommendation to pay that amount.
The com
pense of printing, and necessary traveling and other expenses, and for mittee did not agree a !to o th e r with this recommendation, but in their
the one-half of all reasonable and necessary joint expenses of the better judgment they have recommended the payment, in full satisfac
International Joint Commission incurred under the tertns of the treaty tion of the claim, of the sitm of $1,500.
between the United States and Great Britain concerning the use of
The committee was further prompted in making this recommenda
boundary waters between the United States and Canada, and other tion by the feeling that wo\ought to encourage inventions useful to
purposes, signed January 11, 1 9 0 9 ; as well as foil the payment of the Army by those who are \ngaged in our military service by pay
necessary expenses incurred and compensation for 'services rendered ing whatever is reasonable for
inventions.
It was estimated in
under the direction of the Secretary of State in the examination and 1910 by the W ar Department
i more than 3,000 of those packpreparation of cases involving the use, distribution, or diversion of saddle attachments were either
use or ordered to be put in use in
waters and other questions or matters of difference covered by the the United States Army.
treaty of January 11, 1909, between the United States and Great Brit
The claimant is shown to be
pendent upon the invention for
ain, and in representing this Government and the American interests support.
involved in the presentation of such cases beforg the International
Mr. SM OOT. Mr. President, I w'NJ say that that bill w ill lead,
Joint Commission constituted under that treaty, m e unexpended bal
ance of the appropriation made for this object for /the fiscal year 1913 to q uite a good deal o f discu ssion rfs. it is proceeded w ith , and
is hereby reappropriated and made available for 'this purpose, to be th erefore I o b je ct to its c o n s id e r a tio n \ t th is time.
disbursed under the direction of the Secretary of State.
T he am endm ent w as agreed to.
T h e n ext amendm ent w as, on page 19, afte
line 2 1 , to in s e r t:
Contribution toward the adornment of the Peace i alace at The Hague :
’
To enable the United States to contribute to t
adornment of the
Palace of Peace at The Hague, by sending some] object of art of na
tional production, $30,000.
The am endm ent w a s agreed to.
T h e n ext am endm ent w as, on page 20, a fter line 6 , to in se rt:
International conference for the purpose of drawing up international
rules and regulations for the assignment of load lines to merchant ships :
For the participation of the United States by official technical dele
gates at the international conference to be called by the British Govern
ment to meet in London during the year 1913 for the purpose of
drawing up international rules and regulations for the assignment of
load lines to merchant ships, $5,000, to he immediately available.
y
C raw ford ¥
T lie am endm ent w as agreed to.
T h e b ill w as reported to the Senate as am ended, and the
am endm ents w ere con curred in.
T h e am endm ents w ere ordered to be engrossed and the bill
to be read a th ird time.
T he b ill w a s read the th ird tim e and passed.
T h e P R E S ID E N T
objects.
pro
tem pore.
T he
\
Senator fro m
U tah
GREAT K A N A W H A RIVER BRIDGE, WEST VIRGINIA.
Mr. C H IL T O N . I ask unanim ous consent f o r the present
con sideration o f the b ill (II. R. 28187) to authorize the con
struction, m aintenance, and operation o f a b rid g e a cross and
over the G reat K anaw h a R iver, and fo r oth er purposes. T h is
bill, and another w hich I shall also ask to have taken up, are
very im portan t to m y State and the loca lities interested. T h ey
are both reported fa v o ra b ly from the C om m ittee on Com m erce.
T h e P R E S ID E N T pro tem pore.
I s there ob jection to the
present con sideration o f the b ill?
T h ere being no ob jection , the Senate, as in C om m ittee o f the
W h ole, proceeded to con sid er the bill.
\
T h e b ill w a s reported to the Senate w ith ou t amendment,
ord ered to a th ird reading, read th e th ird tim e, a nd passed.
AIO NO N GAIIELA RIVER BRIDGE, W E S T V IR G IN IA .
M r. C H IL T O N . I n ow ask the Senate to ta k e up f o r co n
sideration the b ill (H . R . 27837) to au th orize the B uckhannon
1913.
CONGRESSIONAL R ECORD— SENATE.
Mr. N e l s o n . Mr. President, on the point of order, this is a special
C
2SS that follows the appropriation for the dam. That appropriation
of $185,000 is for this dam, and the amendment relates simply to this
Particular dam. It is not of a general character. It is not general
legislation.
Mr. N e w l a n d s . Mr. President. I should like to ask the Senator from
Ohio [Mr. B u r t o n I whether it has not been customary to insert legisation of this kind in river and harbor bills? Is not the river and
harbor bill regarded not simply as an appropriation bill, but a bill pro
viding authority for surveys, etc., and also appropriating money for
projects?
Mr. B u r ton . Mr. President, I do not think any discussion has arisen
on that subject in the Senate. In the House it is regarded as a quasi
appropriation bill, and material relating to public works and rivers and
harbors is considered in order. That is, it is not regarded as strictly
an appropriation bill and governed by the rules which pertain to appro
priation bills.
Mr. N e w l a n d s . I remember hearing the Senator make that state
ment at the committee meeting the other day when the question arose.
Mr. B u r ton . That is certainly the rule in the House. It is not re
garded as absolutely confined within the limits which pertain to an
appropriation bill, as it will appear that the modification of projects
or provisions relating to associated projects are subjects which could
not well be disposed of except in this bill. For that reason the_ rule
lias been established that it is not limited by the strict rules pertaining
to appropriation bills, at least in the House.
Then the discu ssion goes on. F in a lly the Chair subm itted
the question to the Senate, and upon page 3594 o f the R ecord
the President pro tem pore s a id :
. The Chair submitted it to the Senate, and it was decided that it was
in order.
Now, Mr. President, this is exa ctly that same case. T h is is
a perm it auth orizin g the m aintenance o f a p a rticu la r dam at a
Point in a river, and it can n ot he said in any respect to be
“ general legislation .”
A s to the poin t o f ord er that it is “ a hill fo r raisin g revenue ”
under the language o f the Constitution, it seems to m e that that
claim can n ot seriou sly be made.
Section 7, A rticle T, o f the C onstitution p r o v id e s :
All bills for raising revenue shall originate in the House of Repre
sentatives—
A n d so forth .
T o say that an am endm ent to a river and h arbor bill, w hich
issues a perm it to m aintain a dam, is a bill fo r the purpose o f
raising revenue, o f course, is fa r-fetch ed and absurd. I hope
the C hair w ill o verru le the poin t o f order.
Mr. SM OOT.
Mr. President, the Senator from O hio [M r.
B urton ], as I understood him, m ade the statem ent th a t the
river and h arbor b ill is n ot a general app ropriation bill.
Mr. B U R T O N . C erta in ly ; it is not.
M r. SM OOT. I sim ply rise, Mr. President, to state that I
understand that it is con sidered in the Senate to be a general
appropriation bill. I f I am w ron g in that statement, I should
like to have the Chair correct me.
Mr. B IIA N D E G E E . T h e b ill states on its fa ce that it is “ A
kill m aking a ppropriations fo r * * * rivers and harbors,
and fo r oth er purposes.”
M r. SM OOT. C erta in ly ; b u t it is considered, and alw ays has
keen con sidered in the Senate o f the U nited States, a general
appropriation bill.
T h e P R E S ID E N T pro tem pore. T he Chair w ill deal w ith
that m atter in attem pting to decide this question.
Mr. B A N K H E A D . I should like to read, M r. President, para
graph 1 o f R u le X V I w ith reference to appropriation b i l l s :
All general appropriation bills shall be referred to the Committee on
Appropriations, except the following bills, which shall be severally
referred as herein indicated, namely : The bill making appropriations
tor rivers and harbors—
And so forth .
I f th at does n ot m ake it a general a ppropriation b ill I do
u° t understand the rule.
Mr. B R A N D E G E E . Mr. President, there is no relevancy
Whatever to the point o f ord er as to w hether or n ot it is a gen
eral app ropriation bill. T h e poin t is that, even i f it is a general
a ppropriation bill, the am endm ent proposed is not general legislation.
The P R E S ID E N T pro tem pore. T h e Senator from A labam a
[Mr. B a n k h e a d ] m akes a poin t o f ord er against the am endm ent
011 two g ro u n d s: F irst, th at it is general legislation on an approlU'iation bill a ccord in g to R u le X V I ; and second, that it is ob
n oxiou s to the provision o f the C onstitution o f the U nited
States, th at “ bills fo r raisin g revenue shall originate in the
House o f R epresen tatives.”
T he C hair does not consider it
kjs fu n ction to decide a con stitutional question, w hatever liis
D ew s on that poin t m ay be, but w ill confine h im self to dealin g
"itlv the poin t the Senator from Alabam a makes, th at the
am endm ent proposes general legislation.
Mr. N ELSO N . Mr. President, there w a s another point made
ky him, and that w as that the am endm ent is not germ ane.
T he P R E S ID E N T pro tem pore. T h e Chair did not h ear that
Poiut.
3775
Mr. B A N K H E A D . Y e s ; I included that, Mr. President, in
m y point o f order.
Mr. B U R T O N . Mr. President, i f there is to be any discu s
sion—
T h e P R E S ID E N T pro tem pore. T he Chair can not be in ter
rupted ju s t a t this point. T he Sen ator from C onnecticut [M r.
B r a n o e g e e ] has read briefly the proceedings th at occu rred a
fe w days ago on the amendm ent relating to the M ississippi
R iv e r dam , and has show n by the C o n g r e s s io n a l R ecord that
the C hair subm itted th at question to the Senate and that the
Senate decided that the am endm ent w as in order, and so decided,
the C hair m ay w ell say, on a decisive vote, the yeas an d nays
being refused w hen they w ere dem anded. D uring that debate
several Senators w hose opinions a re entitled to great w eigh t
m ade declarations along this line. T h e Senator from C olorado
[M r. T h o m a s ] s a id :
I think it involves—
T h at is the M ississippi R iv e r dam p r o je ct—
I think it involves to a very large extent the same conditions which were
adopted by a majority of the Senate in the Connecticut River bill.
T h e Senator from N ew York [Mr. O’Gorman ] said:
But I have this to remark : If the Senate adopts this amendment, it
should reconsider its action respecting the Connecticut dam bill, upon
which we voted a few days ago.
T h e Senator from Idah o [M r. B o r a i i ] ob serv ed :
There is a difference so far as the physical facts are concerned: but
there is no difference, to my mind, between the principle which is in
volved in this amendment and the one which was involved in the
Connecticut dam bill.
T h ere m ay have been som ew hat sim ilar utterances by oth er
Senators, but the Chair sim ply turned to th ose th ree expression s
on the part o f Senators w ho have looked in to this m atter very
ca refu lly.
In view o f the fa c t th at the am endm ent relating to the dam
on the M ississippi R iv e r w a s subm itted to the Senate, and by
a decisive vote w as held to be in order, and in view o f the fu r
th er fa c t o f the utterances that w ere m ade to the effect th a t
these tw o am endm ents w ere on a ll fours, the Chair overru les
the poiut o f order.
Mr. B A N K H E A D . Mr. President, I m ake the poin t o f order
that the am endm ent is not germ ane or relevant to the bill.
T h e P R E S ID E N T pro tem pore. U nder the rules, th at point
o f ord er must n ecessarily be subm itted to the Senate.
M r. B U R T O N . Mr. President, I w ish to be h eard briefly on
that m atter. T h is fo llo w s a provision fo r the im provem ent o f
the C on necticu t R iver. It is in pursuance o f a survey and re
port m ade under the ord er o f Congress, in w hich rep ort this im
provem ent is fa v ora b ly reg a rd ed ; but it is stated that the e x
pense due to the developm ent o f w a ter pow er, unless there is
participation , should not lie undertaken.
T he P R E S ID E N T pro tem pore. T h e C hair w ill suggest to
the Senator from O hio that it is n ot w ith in the provin ce o f the
Chair to decide the poin t o f order now raised, the rules p ro v id
in g specifically that it shall be subm itted to the Senate.
Mr. B O R A H . Mr. President, I am sorry the S en ator fro m
A labam a [M r. B a n k h e a d ] raises this question in this w ay.
There can be no doubt but th at this am endm ent is relevant an d
germ ane upon the same prin cip le as the am endm ent w h ich w e
adopted a fe w days ago. W h ile I am opposed to both o f them ,
I do not desire to be placed in the position o f votin g fo r this
am endm ent w hen I vote in fa v or o f the proposition th a t it is
relevant or germ ane to the bill. W e ought to vote upon it
d irectly as to w hether w e w ant it on the b ill or not. Senators
w ho voted fo r the amendm ent a fe w days ago ought either to
vote fo r this or to vote against it. It involves precisely the
sam e principle. I f the Senate is ready to reverse its action , let
us reverse it now, and establish this precedent and put it in this
bill.
Mr. NELSO N. Mr. President, the Senator from Ida h o is
u tterly m istaken. It is not the sam e principle. T h e dam on the
M ississippi R iver at M inneapolis w as a dam built by the F e d
eral G overnm ent w ith its ow n m oney, in the in terest o f n av iga
tion, and it w as on ly in ciden tally that the p ow er w as created.
T h is dam on the C onnecticut R iver is n ot to be built by the F e d
eral Government. It is to be built b y a p riv a te com pan y w ith
its ow n money, and the F ederal G overnm ent has n ot a d olla r
invested. T h a t is the great difference betw een the tw o cases.
Mr. B O R A H . M r. President, that difference is no difference
a t all so fa r as the legal p rin cip le is concerned. It can not
m ake a pa rticle o f difference, as fa r as the legal principle in
volved is concerned, w hether the N ational Governm ent builds
the dam or w hether private in dividuals are going to build it.
W hen w e com e to an a ly ze it, in its last analysis, the p rincip le
is precisely the same. T h e ph ysical fa cts are different, but the
pow er o f the N ational G overnm ent over the pow er created is
the same.
3776
7
w
4
i;
CONGRESSIONAL RECORD— SENATE,
F ebruary 24
T he P R E S ID E N T pro .tem pore. I f the Senator from Idah o
Air. S H E P P A R D (w h en Air. C ulrrbson ’s nam e w a s c a lle d ].
•will perm it the Chair, a ccord in g to the ru les o f the Senate the M y colleagu e is absent on business o f the Senate. H e is paired
point o f ord er now m ade, that this am endm ent is n ot relevant, w ith the Senator from D ela w a re [Air. du P o n t ].
must he decided w ith ou t debate. T h e C hair w ill subm it to the
Air. CULLOAI (w h en h is nam e w a s ca lle d ). 1 have a general
Senate the question as to the relevan cy o f the am endm ents
p a ir w ith the ju n io r Senator from W est V irginia [Air. C h il t o n ],
Air. B A N K H E A D . Mr. President, I ask unanim ous consent In his absence, I w ithhold m y vote.
to proceed fo r a moment.
Air. N E L SO N (w hen his nam e w as c a lle d ). I have a pa jr
T h e P R E S ID E N T pro tem pore. T h e Senator from A labam a w ith the senior, -Senator from G eorgia [Air. B ac o n ]. On that
asks unanim ous consent to m ake a statem ent. Is there o b je c a ccou nt I w ith h old m y vote.
Air. PAA ^rTER (w hen h is nam e w as ca lle d ).
I w ill ask
tio n ? T he C hair hears none, an d the Senator w ill proceqtl.
Air. B A N K H E A D . A fte r fu rth er con sideration o f this ques w hether .the senior Senator fro m C olorad o [Air. G u gg en h eim i
has v o j* d ?
tion, I believe------Tint' P R E S ID E N T pro tem pore. T h e C hair is in form ed that
Air. L O D G E . Air. President, this is a m ost extra ord in a ry pro
cedure. T h e Senator from Idaho has ju s t been taken off the tlyrf Senator has n ot voted.
iloor on the ground that the m atter is not debatable, and then / Mr. P A Y N T E R . H a v in g a general pa ir w ith that Senator
I w ith h old m y vote.
’
a nother Senator is perm itted to occu py the floor.
Air. SAIITH o f G eorgia (w h en his nam e w as ca lle d ). I de
Air. B A N K H E A D . I thought I had the consent o f tin* Senate,
sire to state that the sen ior Senator from G eorgia [Air. B acon ]
in clu d in g the Senator from Idaho, to m ake a statem ent. ,,is detained in his room by sickness.
Air. LO D G E. It is a m ost extra ord in a ry p r o c e d u r e ^
Air. SAIITH o f Alichigan (w h en h is nam e w a s c a lle d ),
j
Air. B A N K H E A D . Mr. President, w ith the hope that it m ight
fa cilita te the disposition o f these m atters, I asdtcd th a t the have a p a ir w ith the ju n io r Senator from A lissouri [Air. R eed]
Senate w ould bear w ith me fo r a minute. H ave I unanim ous a nd in his absence I w ith h old m y vote. I f I w ere a t lib erty to
vote on the point o f order, I should vote “ yea .”
consent to proceed for, say, tw o m inutes?
Air. W A R R E N (w hen h is nam e w as ca lle d ). I have a general
T he P R E S ID E N T pro tem pore. T h e C h air put the question,
p a ir w ith the senior Senator from L ou isiana [Air. F oster ], j
and there w as no ob jection to the Sen ator's proceeding briefly.
Air. B A N K H E A D . Air. P r e s id e n t /a s I said, a fter fu rth er w ill ask i f he has v oted ?
T he P R E S ID E N T pro tem pore. T he Chair is in form ed that
consideration I believe I w ill w ith draw m y poin t o f order. I
am w illin g to have the S en ate/V ote on this question. It has that Senator has n ot voted.
Air. W A R R E N . Then I w ith h old m y vote.
gone on record once, and I am fa llin g that it should go on record
Air. W IL L IA M S (w hen his nam e w as c a lle d ). I w ish to in
again. In w ith draw in g m y /p o in t o f ord er I desire to offer a
substitute f o r the am endm ent offered by the Senator fro m Ohio, quire i f the senior Senator fro m P en nsylvania [Air. P enrose ]
has voted ?
w hich is the b ill as it passed the Senate a fe w d a ys ago.
T he P R E S ID E N T pro tem pore. T h e Chair is in form ed that
Air. B R A N D E G E E . 1 ob ject to the w ith draw al o f the point o f
that Senator has n ot voted.
order.
Air. W IL L IA A IS . I have a pa ir w ith the Sen ator fro m Penn
T h e P R E S ID E N T pro tem pore. T he C hair thinks it w ould
n ot be com petent fo r a Senator to ob je ct to the w ith draw a l o f a sylvania ; and n ot kn ow in g h ow he w ou ld vote, I w ith h old mv
vote.
poin t o f order.
T h e roll call w as concluded.
Air. B R A N D E G E E . Then, Air. President, I renew the point
Air. B R A D L E Y (a ft e r h aving voted in the n e g a tiv e ). I
o f order m yself.
T he P R E S ID E N T pro tem pore. T h e Senator from C onnecti w ith draw m y vote, in view o f the fa c t that the Senator from
Indiana [Air. K e r n ] is n ot present.
cu t renew s the point o f order. T h e question is -----Air. C U L B E R SO N . I w ish to in qu ire i f the Senator from
Air. B O R A H . W h at is the point o f ord er?
T he P R E S ID E N T pro tem pore. T he point o f order is that D ela w a re [M r. du P o n t ] has v oted ?
T h e P R E S ID E N T pro tem pore. T he C hair is in form ed that
the am endm ent is not germ ane to the bill.
Air. B R A N D E G E E . I hope the Senate w ill decide that it is that Senator has. n ot voted.
Air. C U L B E R SO N . .As I h av e a general p a ir w ith him , I
germ ane. I do not w ant a vote on the am endm ent w hich the
'
Senator from A labam a proposes to offer as a substitute fo r the w ith h old m y vote.
Air. L O D G E .^ JT 'desire to announce that m y colleagu e TAIr.
am endm ent proposed by the Senator from Ohio.
Air. B A N K H E A D . W e are a b ou t to get this m atter rather C r a n e ] i s p a i r e d w i t h the senior Senator fro m A latyland [Air
com plicated, it seems to me. A s I understand, ob jection is m ade S m t t h ] .
T he result w as announced— yea s 38, n ays 29, as f o llo w s :
to m y w ith draw in g the point o f order.
YEAS— 38.
Air. B R A N D E G E E . I hope the Senator w ill w ith d raw his
Dillingham
Borah
Lodge
Pomerene
am endm ent and let the vote com e on the am endm ent proposed by
Fall
McCumber
Brandegee
Richardson
the Senator fro m Ohio.
Briggs
Gallingcr
McLean
Root
Air. B A N K H E A D . I d o n ot propose to be dictated to.
Gamble
Marline, N. J.
Bristow
Smith, Ar!z.
Burnham ,
Gardner
Myers
Smoot
Air. B R A N D E G E E . N either do I.
Burton
Hitchcock
Newlands
Sutherland
Air. JONES. Air. President, I rise to a parliam entary inquiry. Catron
Jackson
Oliver
Townsend
T he P R E S ID E N T pro tem pore. T h e Senator from W ash ing Clark, Wyo.
Kenyon
Page
W et mo re
Crawford
La Follctte
Perkins
ton w ill state it.
Pittman
Cummins
Lippitt
Air. JO N ES. Suppose, in passing upon the point o f o fd e r
N AY S— 29.
raised b y the Senator from Connecticut, the Senate should
.Tones
Sheppard
Bankhead
Thornton
declare th at the am endm ent is germ ane; w ou ld not a sub Bourne
Kavanaugh
Shively
Tillman
Smith, Ga.
stitute then be in ord er?
Chamberlain
Lea
Watson
Martin, Va.
Smith, S. C.
Webb
Clarke, Ark.
T h e P R E S ID E N T pro tem pore. ; Certainly so.
O’Gorman
Stephenson
Fletcher
Works
Air. B R A N D E G E E . I t can then be offered.
Overman
Stone
Gronna
Swanson
Owen
Air. B A N K H E A D . I w ill w ith d raw m y amendm ent, then, Johnson, Me.
Percy
Thomas
Johnston, Ala.
until the oth er question is disposed of.
NOT V O TIN G — 28.
T he P R E S ID E N T pro tem pore. T h e question is, Is the p r o
Clapp
Foster
Poindexter
posed am endm ent germ ane to the b ill? [P u ttin g the question.] Ashurst
Crane
Gore
Bacon
Reed
B y the sound the ayes have it. T h e ayes have it, and it is d e Bradley
Guggenheim
Culberson
Simmor.s
Cullom
Kern
Brady
Smith, Md.
cided that the am endm ent is germ ane.
Nelson
Curtis
Brown
Smith, Mich.
Air. B A N K H E A D . Air. President—
Paynter
Dixon
Bryan
Warren
The P R E S ID E N T pro tem pore. T he question now is—
Penrose
Chilton
du Pont
Williams
Air. B A N K H E A D . Air. President------T h e P R E S ID E N T pro tem pore. T he Senate decides that the
T he P R E S ID E N T pro tem pore. T he Chair w ill recognize am endm ent is germ ane to the bill. T h e question is upon the
the Senator from A labam a in a moment. T h e question is upon am endm ent subm itted by the Senator from O hio [Air. B urton ]
the amendm ent subm itted by the Senator from O hio [Air.
Air. JO N E S. Air. President, I desire to offer as a substitute
B urton ]. T he Senator from A labam a is n ow recognized.
the bill as it passed the Senate a fe w days ago. I am offerin g
Air. B A N K H E A D . Air. President, did I understand the Chair it exa ctly as it passed the Senate, and th erefore I suggest that
to decide that a m a jority o f the Senate had voted that the it w ill n ot be necessary to read it.
am endm ent w as relevant?
T h e P R E S ID E N T pro tem pore. W ith ou t ob jection , the read
T he P R E S ID E N T pro tem pore. T he Chair decided that, by in g w ill be dispensed w ith.
the sound, the ayes had it.
Air. B R A N D E G E E . Alay I ask the Senator a question?
Air. B A N K H E A D . I ask fo r the yeas and nays.
T h a t is ex a ctly w hat the Senator from A labam a [Air. B a n k T he yeas and nays w ere ordered, and the Secretary proceeded h e a d ] ju s t attem pted to do, and then he w ith drew it. Inas
to call the roll.
m uch as m y colleagu e is goin g to do th at a fter the am endm ent
1913.
CONGRESSIONAL RECOUP— SENATE.
3781
public use as fo r priva te p u rp oses; anti am ong them is the
Mr. TH O M A S. I suggest the absence o f a quorum , Mr. P resi
fiv e r and h arbor bill, sw elled this yea r to m ore than $ 8 ,000,000 dent.
in excess o f the am ount o f the last appropriation.
T he P R E S ID E N T pro tem pore. T he absence o f a quorum
The Senator from Ohio has called specific attention to cer being suggested, the roll w ill be called.
tain item s o f a pp ropriation referrin g to so-called im provem ents
T h e Secretary called the roll, a n d the fo llow in g Senators an
o f so-called rivers w hich are not navigable, w hich never w ere sw ered to th eir n am es:
navigable, and w h ich can never be m ade n av iga b le; and yet Ashurst
Curtis
Lippitt
Dillingham
Lodge
one o f them, in the pa rticu la r to w hich he referred, has in this Bankhead
Borah
du Pont
McCumber
bill an a pp ropriation o f $270,000. I d o not suppose th at that Bourne
Fletcher
McLean
is by any means a solita ry instance o f the m ethod in w hich Bradley
Foster
Martin, Va.
Brady
Ballinger
Martine, N. J.
Ibis b ill has been constructed. I do not believe that I am e x
Brandegce
Gamble
Myers
travagant w hen I say th a t'p e rh a p s one-third o f the am ount Briggs
Gardner
Nelson
o f the app ropria tion s ca rried in this m easure are appropriations Bristow
Gore
Newlands
Gronna
O'Gorman
either fo r the purpose o f creatin g w ater pow er under the guise Brown
Burnham
Guggenheim
Oliver
o f im provin g rivers and harbors, or fo r the purpose o f ca rryin g Burton
Hitchcock
Owen
.Tohnson, Me.
Page
°n oth er en terprises in w hich individuals or corp oration s are Chamberlain
Clapp
Johnston, Ala.
l ’ aynter
largely interested, and w hich, therefore, ju s tify the popular Clark, W yo.
.Tones
Percy
verdict as to the ch a ra cter and n ature o f such measures.
Clarke, Ark.
Kavanaugh
Perkins
Kenyon
Poindexter
i f it w ere not fo r the fa ct that the great M ississippi V alley Crawford
Culberson
La Folletie
Pomerene
needs the app ropriations w hich this bill ca rrie s ; i f it w ere not Cullom
Lea
Richardson
tor ih e fa c t that that m ighty stream has recently overflow ed
T he P R E S ID E N T pro tem pore. On the roll ca ll 74 Sofia tors
■ts boundaries, sw ept levees aw ay, and visited death and de
have answ ered to their names. A quorum o f the Senate
struction on its cou rse to the G ulf, I, personally, w ou ld rather
present. The question is on the am endm ent subm itted b y the
S(‘ o this bill fa il than to see it becom e a law , carrying, as it
Senator from O hio [M r. B urton ]. [P u ttin g the question.] B y
does, the provision s to w hich I have ca lled attention.
the sound the “ n o e s ” appear to have it.
V ow , Mr. President, addressin g m y self d irectly to this am end
Mr. M cL E A N . I ask fo r the yeas and flays.
ment fo r a m om ent— and I shall not detain the Senate lon ger—
T h e yeas and n ays w e re ordered, and the S ecretary pro
've are m aking precedents fo r the future. T h e Senator from
ceeded to call the roll.
Uliio has referred to certain am endm ents or certain changes
Mr. CU LLO M (w h en his nam e w as c a lle d ). I have a general
w hich have been in troduced into the body o f this m easure, by
p a ir w ith the ju n io r Senator from W est V irg in ia [M r. C h il t o n ],
means o f w hich it has been differentiated from the m easure
I tran sfer that pa ir to the ju n io r Senator from M assachusetts
upon w hich we voted the oth er day. I do not question the pu r
[M r. C r a n e ] and w ill vote. 1 vote “ n ay.”
pose fo r w hich these am endm ents w ere d esign ed ; but w e are
Mr. N E L S O N (w hen his nam e w as ca lle d ). I have a pa ir
now a t the eleventh hour, so to speak, in the consideration o f the
bill proposin g to attach to it an amendm ent that is designed to w ith the senior Senator fro m G eorgia [M r. B aco n ] a nd there
fo re w ith h old m y vote.
give a private corp oration in the State o f C onnecticut the right
Mr. C U R T IS (w hen the nam e o f Mr. S m it h o f M ichigan w as
to m ake certain im provem ents, in con sideration o f w hich it w ill
obtain a w ater pow er, w hich it oth erw ise w ou ld n ot possess. ca lle d ). I am requested to announce that the senior Senator
It w ill get. that w ater pow er by a con tra ct fro m the G overn from M ichigan [Mr. S m i t h ] is p a ired w ith the ju n io r Senator
ment, w hich does not ow n it, and w e are goin g to put the from M issouri [M r. R eed]. I w ill let this announcem ent stand
measure through, not because o f its m erits, b u t because, being fo r the day.
Mr. W IL L IA M S (w h en h is nam e w as ca lle d ). I w ish to
a part o f a b ill in w h ich so m any Senators are interested, they
tra n sfer m y p a ir w ith the Senator fro m Pennsylvania [M r.
w ill vote fo r it lost the b ill itself be defeated.
The Senator from V irgin ia [M r. S w a n s o n ] made the state P enrose ] to the Senator from Indiana [M r. S h iv e l y ] and w ill
ment th at if one o f the am endm ents w ere in corpora ted in the record m y vote. I vote “ n ay.”
T h e roll call w as concluded.
bill, that being the C on necticu t R iv e r b ill as it passed the Senate
M r. STO N E. I in qu ire i f the Senator from W yom in g [Dir.
the o th er day, the P resident o f the U nited States m ight veto it.
Mr. President, are w e to be deterred from the con sideration o f C l a r k ] has voted?
T h e P R E S ID E N T pro tem pore. T he Chair is in form ed that
the m erits o f a m easure sim ply because the E xecu tive o f the
that Senator has n ot voted.
United States m ay use his veto pow er and thus brin g the legis
M r. STON E. I have a gen eral p a ir w ith th a t Senator and
lation itse lf to n oth in g? T h ere are m any featu res o f the b ill
th erefore w ill not vote. I f at liberty to vote, I should vote “ n ay.”
w hich, in m y judgm ent, w ould m ake it a G od-send i f the P resi
Dir. B R A D L E Y (a fte r h aving voted in the n e g a tiv e ).
I
dent did disap prove it. W e are legislating in these b ills fo r the
understand the Senator from Indiana [M r. K e r n ] , w ith w hom
next fiscal year, beginning in July. There have been sessions
I am paired, has not voted, a n d I th erefore w ith draw m y vote.
o f Congress in the past that have a djou rn ed w ith ou t the en
Mr. SIM M O N S (a fte r h aving voted in the n e g a tiv e ). I
actm ent o f m easures like th is ; and yet the G overnm ent still
should like to inquire i f tlie Senator fro m M innesota [M r.
survives. T h ere have been sessions o f Congresses w hich have
C l a p p ] bas voted ?
a djou rn ed w hich passed no river and h arbor bill.
T h e P R E S ID E N T p ro tem pore. The ClwUr is in form ed that
I recall p a rticu la rly one a few years ago that w as defea ted
that Senator has not voted.
\
by con stant discu ssion upon the floor o f this b ody by the late
M r. SIM M O N S. I w ith draw m y vote, as I have a general
Senator from M ontana, Mr. Carter. It did not seem W 'm e—
pair w ith that Senator.
and m y recollection is pretty good o f the con dition o f a ffa irs
T he result w as an n ou n ced--y e a s 27, nays, 40, a s fa llo w s :
im m ediately fo llo w in g that tim e and since— that t h e /a ilu r e o f
Y E A S— 27.
that b ill stopped the w heels o f G overnm ent or in terfered w ith Brandegce
Lippitt
Dillingham
Page
\
the general cou rse o f pu blic a ffa irs in the slightest degree.
Lodge
du Font
Perkins \
Briggs
McCumber
Gallinger
Poindextet
W e ou ght to ta k e up these b ills a t an ea rlier period in the Bristow
McLean
Gore
Brown
Richardson
session. T h ey should not com e over a t so late an h o u r ; we Burnham
Newlands
Hitchcock
Root
might to con sider them item by item an d then determ ine that Burton
Oliver
La Follette
Townsend
Owen
Lea
w hich is designed fo r the pu blic good and that w hich should Crawford
N AYS— 49.
have no place in legislation o f this kind.
O'Gorman
Foster
Swanson
B efore I take my seat, Mr. President, I w ant to say one Bankhead
Overman
(iambic
Thomas
Borah
fu rth er w ord upon a su b ject som ew hat akin to and, perhaps, Bourne
Pay n ter
Gardner
Thornton
l ’ercy
(ironna
directly in volved in this m atter.
It is the necessity, in m y Brady
Tillman
Guggenheim
Pittman
Warren
opinion, o f legislation here w h ich w ill enable the President o f Bryan
Johnson. Me.
Pomerene
Catron
Watson
( he U nited States to veto specific item s in appropriation bills. Chamberlain
Johnston, Ala.
Sheppard
Webb
Jones
Smith, Ariz.
^Ve should give him the p ow er to scan these enorm ous app ro Clarke, Ark.
Wetmore
Kavanaugh
Smith, Ga.
AVilliams
priation s o f m oney and to draw his pen through those item s Culberson
Kenyon
Smith, Md.
Cullom
Works
w hich, in his ju dgm en t, a re not w arranted either b y the state Cummins
Martin, Ya.
Smith, S. C.
Martine, Y. J.
Smoot
° f the pu blic revenues o r by the o b je ct w hich it is designed to Fall
Myers
Sutherland
subserve.
B y con ferrin g upon him such a uthority w e cou ld Fletcher
NOT VOTING— 19.
save the T reasu ry o f the U nited States m illions o f dollars
Clark, Wyo.
Simmons
Kern
every yea r and at the sam e tim e devote am ple fun ds to the Ashurst
Crane
Bacon
Smith, Mich.
Nelson
several departm ents fo r their support and m aintenance during Bradley
Curtis
Stephenson
Penrose
Dixon
Chilton
Stone
°u r su ccessive fiscal periods.
Reed
Jackson
Shively
The P R E S ID E N T pro tem pore. T he question in on the Clapp
So Mr. B urton ’ s am endm ent w as reiected.
Amendment subm itted by the Senator from O hio [M r. B urton ].
CONGRESSIONAL EEC'OE I>—SENATE.
Mr. M cLEAN . Mr. President, I offer file am endm ent w hich
I send to the desk.
The P R E S ID E N T pro tem pore. T h e Senator from C onnecti
cu t offers an amendment, w hich w ill be stated.
air. M cL E A N . I w ill say that the am endm ent is the sam e as
the am endm ent offered by the Senator from A labam a [M r.
B ankhead ] and the Senator from W ash ington [M r. J ones ].
air. B A N K H E A D . I did n ot offe r the am endm ent. I sug
gested that I w ould do so, but I w ith drew it.
air. M cL E A N . W ell, the am endm ent is the sam e as the
am endm ent suggested b y the Senator from Alabam a. A ll I care
to say w ith regard to th is am endm ent is that it seems to me
this m easure, h aving been relieved o f all its ob jection ab le fe a
tures, certainly ought to receive at the hands o f th e Senate a
support equal to that given to the M innesota proposition, w hich
con tain s a ll o f the objection able features.
Mr. B O R A H . M ay I ask i f this am endm ent is the same as
th e b ill w hich has passed the Senate?
Mr. M cL E A N . It is the sam e as the bill w hich has passed
the Senate.
T h e P R E S ID E N T pro tem pore. T h e am endm ent w ill be
stated.
T he Secretary. On page 5, a fter line 18, it is proposed to
insert------Mr. M cL E A N . I think, Mr. President, w e m ight avoid the
reading o f the amendm ent. It is in precisely the same language
as the hill w hich passed the Senate, and I ask unanim ous con
sent that the reading o f the am endm ent be dispensed with.
T he P R E S ID E N T pro tem pore. Is there ob jection to d is
pensing w ith the reading o f the am endm ent?
\
Mr. B A N K H E A D . Mr. President, I think the am endm ent had
better be read.
T he P R E S ID E N T pro tem pore. T he amendm ent w ill he read.
The S ecretary proceeded to read the amendm ent, w hich,I s aX
fo llo w s :
That the assent of Congress is hereby given to the Connecticut River
Co., a corporation organized and doing business under the laws of the
State of Connecticut, to relocate its “ Enfield Dam,” so called, and to
construct, maintain, and operate such relocated (Earn (which if located
ooposite Kings Island, in said river, shall extend across both branches
of the river), together with works appurtenant and necessary thereto,
across the Connecticut River at any point below a line crossing both
branches of the river and Kings Island midway between the northerly
and southerly ends of said islan d : Provided, T hat,’ except as may be
otherwise specified in this act, the location, construction, maintenance,
and operation of the structures herein authorized, and the exercise of
the privileges hereby granted, shall be in accordance,with the. provisions
of the act approved June 23, 1910, entitled “An act to amend an act
entitled ‘An act to regulate the construction of dams across navigable
waters,’ approved June 23, 190G ” : And provided further, That the time
lor completing said dam and appurtenances may be extended by the Sec
retary of War, in his discretion, two years beyond the time prescribed
in the aforesaid a c t: And provided further, That the rights and privi
leges hereby granted may be assigned with the written authorization
of the Secretary of W ar, or in pursuance or the decree of a court of
competent jurisdiction, but not otherwise: Provided further, That if at
any time said Connecticut River Co., or its assigns, or its property,
shall he owned or controlled by any device, permanently, temporarily,
directly, indirectly, tacitly, or in any manner whatsoever, so that it
shall form a part of, or in any way effect any combination, or be in
anvwise controlled by any combination iq? the form of an unlawful trust,
or enter into any contract or conspiracy in restraint of trade in the
production, development, generation, transmission, or sale of any power
or electrical energy, then ilie permit herein granted shall be forfeited
and cauceled by the Secretary of W ar through appropriate proceedings
instituted for that purpose in the courts of the United States.
S f.c . 2. That the height to which said dam may be raised and main
tained shall not be less than 39 feet above zero on the Hartford gauge:
Provided, That said corporation shall permit the continuous discharge
past said dam of all water flowing in the Connecticut River whenever
the dischargo into the pool created by the dam hereby authorized is
1,000 cubic feet per second or less, and at all greater discharges into
said pool shall provide a minimum discharge past said dam of not less
than 1,000 cubic feet per second: And provided further, That said cor
poration may, for not to exceed five hours between sunset and sunrise,
limit the discharge past said dam to COO cubic feet per second when
ever such limitation will not, in the opinion of the Secretary of War,
interfere with navigation. The measure of water thus to he discharged
shall include all the water discharged through the lock herein provided
for and the present locks and canal of said corporation : And provided
further, That nothing in this act shall in any way authorize said cor
poration at any time or by any means to raise the surface of the river
at the location just above the present Enfield Dam to any height which
shall raise the surface of the river at the lower tailrace of the Chemical
Paper Co. in Holyoke, Mass., higher than can result from the erection
or maintenance of any dam or dams which said corporation is au
thorized to erect or maintain in accordance with the order and decree
of the Circuit Court of the United States for the District of Connecti
cut, passed June 16, 1884, in the case of the Holyoke Water Co. v.
the Connecticut River Co.
S ec . 3. That the said Connecticut River Co. shall build coineidently
with the construction o f the said dam and appurtenances, at a loca
tion to he provided by said corporation and approved by the Secretarv
of War, and in accordance with plans approved by the Secretary of
W ar and the Chief of Engineers, a lock o f such kind and size, and with
such equipment and appurtenances as shall conveniently and safely
accommodate the present and prospective commerce of the river, and
when the said lock and appurtenances shall have been completed the
said corporation shall convey the same to the United States, free of
rest, together with title to such lands as may be required for ap
proaches to said lock and such land as may be necessary to the United
Slates for the maintenance and operation thereof, and the United
F
e b r u a r y
24,
States shall maintain and operate the said look and appurtenances for
the benefit of navigation, and the said corporation shall furnish ft) the
United States, free of charge, water power, or power generated from
water power, for operating and lighting the said constructions; and
no tolls or charges of any kind shall he imposed or collected for the
passage of any boat through the said lock or through any of the locks
or canal of said corporation.
,
,
.. „
Sec 4 That compensation shall he made by the said Connecticut
River Co to all persons or corporations whose lands or other properly
may be taken, overflowed, or otherwise damaged by t he const met ion,
maintenance, and operation of the said dam, lock, and appurtenant
and accessory works, in accordance with the laws of the State where
such lands or other property may he situated ; but the United States
shall not be held to have incurred any liability for such damages by the
passage of this act.
Sec. 5. That the provisions of the act entitled “ An act to regulate
commerce,” passed and approved on the 4tli day of February, 1NN7,
together with the amendments thereto, shall apply to any corporation
or any person or persons engaged in transmitting Hydroelectric power
or electricity from one State, Territory, or District of the United
States to any State, Territory, or District of the United States, or from
one place in a Territory to another place in the same Territory or to
any foreign country, and that the term “ common carrier ” as used in
said act and the amendments thereto shall include companies engaged
in transmitting hydroelectric power or electricity as aforesaid: Pro~
vided, That said act shall not apply to the transmission of hydro
electric power or electricity wholly within one State and not trans
mitted to or from a foreign country, from or to any State or Territory
as aforesaid: that the rules prescribed in said act as to just anil
reasonable charges or rates and the procedure relative to other com
mon carriers, in so far as applicable, shall apply to such company,
person, or persons transmitting hydroelectric power or electricity as
aforesaid, and to the fixing and establishing of just and reasonable
charges or rates fully and completely.
Mr. B A N K H E A D . M r. President, as I understand the
am endm ent is in the exa ct form o f the bill w hich has passed
the Senate, I w ill w ith d raw m y dem and fo r the reading o f
the amendm ent.
T h e P R E S ID E N T pro tem pore. W ith ou t ob jection , the read
ing o f the am endm ent w ill be dispensed w ith.
T he question is on agreein g to the am endm ent subm itted by
the Senator from C on necticu t [M r. M cL ean ],
Mr. P O IN D E X T E R . On that I ask fo r the yeas and nays.
' .T h e yeas and n ays w ere ordered, and the S ecreta ry proceeded
tmNRtll the roll.
M X C U L L O M (w h en h is nam e w a s ca lle d ). I again ann ou n cevm y general p a ir w ith the ju n io r Senator fro m W est
V irginia x M r . C iiilton ]. I tran sfer th at pa ir to the ju n io r
Senator frixu M assachu setts [M r. Crane ] and vote, i vote
“ yea.”
\
Mr. P A Y N T E R (w h en his nam e w as ca lle d ). I observe th at
the senior Senator from C olora d o [M r. Guggenheim ] is a b
sent. A s I have a general pair w ith him, I w ill w ith h old m y
vote.
Mr. ST O N E (w hen h is nam e w as ca lle d ). I have a p a ir w ith
the senior Senator from W y om in g [M r. Cla rk ]. A s he does n ot
seem to be present, I w ith h old m y vote.
Mr. W IL L IA M S (w h en h is nam e w as c a lle d ). I desire to
tran sfer m y general p a ir w ith the senior Senator from Penn
sylvania [M r. P enrose] to the Senator from In diana [M r.
S hively ] and w ill vote. I vote “ n a y .”
T h e roll ca ll w as con cluded.
M r. N ELSO N . I desire to state th at I have a general pair
w ith the senior Senator from G eorgia [M r. B acon ], and I
th erefore w ith h old m y vote.
Mr. B R A D L E Y (a ft e r h aving voted in the affirm a tive). I
desire to announce th a t I have tran sferred m y p a ir w ith the
Senator fro m In diana [M r. K ern ] to the Senator fro m M ary
la n d [M r. J ackson ].
\
The result w as announced— yea s 37, nays\35, as fo llo w s :
YEAS—37.
Borah
Bourne
Bradley
Brady
Brandegee
Briggs
Brown
Burnham
Burton
Catron
Bankhead
Bristow
Bryan
Chamberlain
Clarke, Ark.
Crawford
Culberson
Fall
Fletcher
Ashurst
Bacon
Chilton
Clapp
Clark, Wyo.
Crane
Cullom
Cummins
Curtis
Dillingham
do Pont
Gallinger
Gamble
Gore
Hitchcock
Jones
\
Kenyon
Da Follette
Lippi tt
Lodge
Me Cumber
McLean
Myers
Newlands
Oliver
Owen
NAYS— 35.
Overman
Foster
Percy
Gronna
Johnson, Me.
Pittman
Johnston, Ala.
Poindexter
Pomereno
Kavanaugh
Lea
Sheppard
Martin. Va.
Simmons
Martine, N. J.
Smith, Ariz.
O ’Gorman
Smith, Ga.
NOT VOTING— 23.
Dixon
Paynter
Gardner
Penrose
Guggenheim
Reed
Jackson
Shively
Korn
Smith, M idi.
Nelson
Smoot
S o M r . M c L e a n ’ s a m e n d m e n t w a s a g r e e d to.
\ Page
\Perkins
Richardson
Root
Sutherland
Townsend
m ilm ore
Smifth, Md.
Smit i. S. C.
Swar son
Thon as
Thor iton
Tillir an
Webi
Willi ims
Sterflionson
Stojne
Warren
Wjntson
works
191? .
o
CONGRESSIONAL BECOKD— SENATE.
Mr. N E W L A N D S . M r. President, instead o f offerin g tlie
am endm ent w hich I b efore offered and requested that th e ques
tion be subm itted to the Senate as to its being in order, I offer
a condensed statem ent, w h ich at present proposes to m ake no
a pp ropriation beyond the expenses o f in vestigation and plans,
p rovidin g $500,000 fo r such in vestigation and plans, but p rov id
in g that the plan s shall be m ade in such a w ay as to in volve an
exp en ditu re o f $50,000,000 annually, com m encing on the com ple
tion o f the Panam a Canal and extending over a period o f 10
years.
I w ill ask the Secretary to read the am endm ent w hich I send
to the desk. I w ill state that the am endm ent is on the desks o f
Senators, h avin g recen tly been printed.
The P R E S ID E N T pro tem pore. T h e am endm ent proposed by
the Senator fro m N evada w ill be stated.
T he S e c r e t a r y . It i s p r o p o s e d t o i n s e r t t h e f o l l o w i n g :
. A commission, to be known as the river regulation commission, con
sisting- of the Secretary of W ar, the Secretary of the Interior, the Secre
tary of Agriculture, the Secretary of Commerce' and Labor, two Members
of the Senate, to he selected by the President of the Senate, and two
Members of the House of Representatives, to be*elected by the Speaker,
is hereby created and authorized to bring into coordination and coopera
tion with the Corps of Engineers of the Army
other scientific or
constructive services of the United States that relate to the study, de
velopment, and control of waterways and water re^eurces and subjects
related thereto, and to the development and regulation of interstate and
foreign commerce, with a view to uniting such services through a board
or boards in investigating questions relating to the development, im
provement, regulation, and control of navigation as a part of interstate
and foreign commerce, including therein the related questions of irriga
tion, forestry, swamp-land reclamation, clarification of streams, regula
tion of flow, control of floods, utilization of water power, prevention of
soil waste, cooperation of railways and waterways, and promotion of
transfer facilities and sites, and in forming comprehensive plans for the
development of the waterways and water resources of the country for
every useful purpose by cooperation between the United States sqid the
K O VPl'tl 1 States, n i n u i n l n o l i f l n c
several Q f .i
municipalities, a n m m m u ’ tl’ pt! P n v n n V fltlU T lS . fl 71 individuals
communities, corporations, and
within the jurisdiction, powers, and rights of each, respectively, fcgnd
with a view to assigning to the United States such portion of svete
development, promotion, regulation, and control as can be prope
undertaken by the United States by virtue of its power to regulate in*
state and foreign commerce and by reason of its proprietary lnterestl
i
the public domain, and to the States, municipalities, communities^torporations, and individuals such portion as properly belongs ta^their
jurisdiction, rights, and interests, and with a view to properlyyapportioning costs and benefits, and with a view to so uniting the vpins and
works of the United States within its jurisdiction, and of the jfcates and
municipalities, respectively, within their jurisdictions, and
corpora
tions, communities, and individuals within their respective^owers and
rights, as to secure the highest development and utilization, df the water
ways and water resources of the United S ta tes; and sucM river regula
tion commission is authorized to appoint as members o f such hoard or
boards such engineers, transportation experts, experts in water develop
ment, and constructors of eminence as it may deem advisable to employ
in connection with such plans. Such plans shall involve the expenditure
by the United States of $50,000,000 annually, commencing on the com
pletion of the Panama Canal and extending over<& period of 10 years.
And for the expenses of such organization, inviy^igation, and plans the
sum of $500,000 is hereby appropriated.
Mr. N E W L A N D S . M r. President, in divid u a lly I believe that
the w ork o f con stru ction should coinnignce im m ediately.
M r. L IP P I T T . Mr. P resident------ -Jr
T h e P R E S ID E N T pro te m p o r e ,# D oes the Senator from
N evada y ie ld to the Senator fro m jfth o d e Isla n d ?
M r. L I P P I T T . I raise the poLm o f ord er------Mr. N E W L A N D S . M r. President, I did not yield fo r the poin t
o f order, though I w ill yield M r a question.
T he P R E S ID E N T pro te m jo re . T h e Senator from N evada is
en titled to the floor.
M r. N E W L A N D S . M r. p resid en t. I believe the tim e has com e
f o r w ork. I believe tliatJrt has been absolutely developed to the
sa tisfa ction o f the eiifcfre A m erican people that the m ethods
th at have been em ployed f o r a h undred years in the regulation
and con trol o f ou r risers are absolutely deficient. I believe that
the pu blic m ind is A ia d e up that this w ork should proceed im
m ediately, in v o lv ijf* cooperation betw een the scientific services,
coop era tion betw een the N ation and the States, and in volvin g
an am ple fu n d ,A m o u n tin g to at least $50,000,000 annually fo r
a p eriod o f I t /y e a r s , this w ork to fo llo w and supplem ent the
grea t w ork upon the Panam a C a n a l; but I find such opposit ion— n ot 01/ the outside, but on the inside, o f Congress— to
en terin g iinm ediately upon such con stru ctive w ork, that I yield
to the dem and f o r fu rth er in form ation upon the subject. So I
h av e con den sed the legislation w hich I have sought upon this
su b ject in a sim ple am endm ent, w hich p rovides fo r the orga n i
zation <h a riv e r regu lation com m ission, com posed o f fo u r Sec
retaries in the P resid en t’ s Cabinet— the Secretary o f W a r, the
S ecretary o f the In terior, the S ecretary o f A griculture, and the
S ecretary o f C om m erce and L a b or— w ho have ju risd iction o f
the va riou s services that relate in any w ay w ith w ater, and also
tw o M em bers o f the Senate and tw o M em bers o f the oth er
H onse, w ith a vie w to u tilizin g the services o f distinguished
engineers and con stru ctors, and also w ith a view o f coord in atin g
these services in such a w a y as to secure com prehensive plans
in v olvin g this large expenditu re o f m oney w ith in 10 yea rs a fter
the com pletion o f the P anam a Canal.
3787;
T h is am endm ent m erely provid es fo r the exp en ditu re o f on ly
the m oderate sum o f $500,000 in the m aking o f the plan s and
in vestigations in ord er to con vince Congress upon a subject
con cerning w h ich the cou ntry is a lready convinced.
Now, Mr. President, I ask fo r a vole upon this am endm ent,
w hich is sim ply a continuance o f the present; w ork o f in vestiga
tion goin g on under the river and h arbor act, a n d it seems to me
it is en tirely germ ane.
f
Mr. T O W N SE N D . Mr. President, m ay I ask the Senator w h y
he term s it a “ river regulation com m ission ” ? Is it n ot in
tended to cover the investigation o f all w a terw a ys?
Mr. N E W L A N D S . O f alR w aterw ays.
Mr. T O W N S E N D . Then, w hy use that term ?
Mr. N E W L A N D S . Ol^etU the rivers in the country. I w an t
to distinguish it from h arbor im provem ents.
Mr. L IP P IT T . I lpake the poin t o f ord er that the am end
ment is general legislation and n ot pertinent to the pending bill.
Mr. N E W L A N D S ^ W ell. Mr. President, i f the Chair has a n y
doubt upon that question, I should lik e to have it subm itted to
the Senate.
The P R E S ID E N T pro tem pore. T he Senator from R h ode
Islan d makejjdlne point o f ord er on w hat grou n d ?
Mr. LIPPJpF'T. T h a t the proposed amendm ent is general leg
isla tion and ea n not be attached to an appropriation bill.
T he P R E S ID E N T pro tem pore. T he Chair is con strain ed to
sustain Jae point o f order.
Mr. jw E W LA N D S. I ask that the question be subm itted to
~ ate, Mr. President, and 1 do so at the request o f num erenators.
P R E S ID E N T pro tem pore. T he C hair is in no dou bt on
point at all, and hence feels constrained to decide it.
Mr. N E W L A N D S . Then, I appeal from th at decision, M r.
resident.
T h e P R E S ID E N T pro tem pore. T h e Senator fro m N evada
appeals from the decision o f the Chair. T he question is, Shall
the decision o f the Chair stand as the ju dgm en t o f the Senate?
^ P u ttin g the question.] B y the sound the “ a y e s ” appear to
liave it.
M r. N E W L A N D S . I ask fo r the yea s and nays.
Mt. M Y E R S. I suggest the absence o f a quorum , Mr. P resi
dent. \
T h e ^ R E S I D E N T pro tem pore. T he Senator from M ontana
suggests tlie absence o f a quorum . T he roll w ill be called.
M r. O L IV E R . M r. President, I* inquire i f business has inter
vened sinedfethe last roll ca ll?
T h e P R E S ID E N T pro tem pore. T h e C hair thinks the roll
should be called.
T h e Secretary ca lled the roll, and the fo llo w in g Senators
answ ered to theffr n a m e s :
Ashurst
Bankhc-ad
Borah
Bradley
Brady
Brandegee
Briggs
Bristow
Bryan
Burnham
Burton
Catron
Chamberlain
Clapp
Clark, Wyo.
Clarke, Ark.
Crawford
Culberson
Cullom
Lippitt
Lodge
McCumber
McLean
Martin, Va.
Martine, N. J.
Myers
Nelson
Newlands
Gore
O’Gorman
Gronnn
Guggenheim = * Oliver
8
Overman
Hitchcock
aOwen
Jackson
£age
Johnson, Me.
fercy'
Jones
dns
Kavanaugh
iPiffauan
Kenyon
PoitBjjlexter
La Follette
Iticliwdson
Lea
Colunins
Curate
Dilliiffijiam
D ixon..
Fletcher
Foster
gar
Root
Sheppard
Simmons
Smith, Ariz.
Smith, Gn.
Smith, Md.
Smith, Mich.
Smith, S. C.
Smoot
Stephenson
Swanson
Thornton
Tillman
Townsend
Webb
AVilliams
Works
M r. C L A R K o f W yom ing. M y co ague, the Senator fro m
[M r. W a r r e n ] , i s detainei fro m the Cham ber by
business o f the Senate.
T h e P R E S ID E N T pro tem pore. On nkp call o f the ro ll 73
Sen ators have answ ered to th eir namesAt A quorum o f the
Senate is present. T he Senator from N e v a % appeals fro m the
decision o f the Chair.
H
M r. C LA PP. Mr. President, 1 trust the Senator w ill w ith
d ra w ’ his appeal. I t is p la cin g Senators in dep osition th at is
n ot at a ll pleasant. F o r one, I am h eartily
fa v o r o f h is
proposition. The ru lin g o f the Chair, h ow ever, i% s o m a n ife stly
ju s t that I should have to vote to sustain the r u li% , and con se
quently apparently vote against the am endm ent. Itf|s not a test
o f the strength o f it, and I tru st the Senator w ill w ith draw his
appeal.
\
Mr. B R IS T O W . Mr. President, I trust the Senator fro m
R h od e Island [M r. L eppitx] w ill w ith d ra w the point PI order.
It seems to m e that th is am endm ent is as germ ane r% m any
others th at have been adopted, and certa in ly it is as n % ch jn
ord er as m any oth er am endm ents w hich have been passed u pon.
It seems to me, under the circum stances, that the Senator fr o m
N evada [M r, N ewlands ] h as a right to an expression of* the
W y o m in g
CONI!SESSIONAL ItECOED— SENATE
3788
p E I iR U j
24,
M r. McCTJMBER. I object.
Senate on the m erits o f liis amendm ent. I dislike to vote to
Mr. P O IN D E X T E R . Mr. President, a parliam entary in qu iry.
overru le the Chair, but, under the circum stances in w h ich this
The P R E S ID E N T pro tem pore. T h e S e n a t o /w ill state it.
com es before the Senate, it seems to me that, h aving let in
Mr. P O IN D E X T E R . A s long as the q u e s t i o /i s pending upon
these other amendm ents, it w ould be certa in ly u nju st not to
an appeal from the decision o f the Chair, th e /n a tte r n ot h aving
let this one in, o r at least to have a vote upon it.
Mr. R O O T. I f lie is at lib erty to do so, I hope the Senator been finally determ ined, can not the S en a /or w ho made the
from R h ode Isla n d [M r. L i p p i t t ] w ill w ith draw his point o f point w ith d raw it? I should think he w o u /l have the privilege
>
order, and let us have a vote. T h e fa c t is that it is apparent o f w ith draw in g it % long as it is pending^and u ndecided upon
that the Senate is becom ing very restive over the undue propor the appeal w hich haY been taken.
Mr. BRAND EG EH L I m ake the pqftit o f ord er th at an
tion o f the tim e rem aining th at this river and h arbor bill is
taking. T he variou s discu ssions upon it are. extending so that appeal from the decision o f the C hair lp'ust be decided w ith ou t
\
/
it is going to cro w d out a lot o f oth er a ppropriation bills, and debate.
T he P R E S ID E N T p r o tem pore. T b e Senator is correct in
that is the real trouble. I think the Senate w ill be ready to
\
i
vote on this am endm ent p rom p tly ; and I hope the Senator from that.
M r. N E W L A N D S . Mr. P r e sid e n t.-I rise to a parliam entary
R h ode is la n d w ill w ith draw his point o f order, w ith the under
\
/
standing, w hich I think everybody w ill agree to, that w e shall inquiry.
T he P R E S ID E N T pro tem pore. T h e Senator w ill state it.
vote.
Mr. N E W L A N D S . Is t h e ’ appeal from the decision o f the
Mr. N E W L A N D S. I should be very glad to stop fu rth er dis
Chair sustaining the point o f oVdqr. or is it from the decision o f
cussion i f we could have a vote on th is amendm ent.
Mr. B R A N D E G E E , Mr. President, a parliam entary inquiry. the Chair refu sin g to subm it tliW question to the Senate?
W ere the yeas and nays ordered on the appeal fro m the ruling
T he P R E S ID E N T pro tem pqlp. T h e Senator from N evada
[M r. N e w l a n d s ] offered an am endm ent.
T he Senator from
o f the C h air?
The P R E S ID E N T pro tem pore. Th ey w ere not.
R h ode Island [M r. L ippitt] n ia d e th e poin t o f ord er that it w as
Mr. L IP P IT T . Mr. [President, referrin g to w hat the Senator ob n ox iou s to R u le X V I , being general legislation. T h e C hair
from N ew Y ork has said, that the Senate is becom ing restless sustained the poin t o f o r d e r /a n d th * Senator from N evada took
over the tim e that is being consum ed on this bill, I recognize an appeal from the decision o f the Cmair.
that situation. H is proposal is that I shall w ith d raw this point
Mr. N E W L A N D S . Then I m a d e' a m otion to subm it that
o f order so that a vote m ay be taken upon the proposition itself question o f ord er to the Senate.
fo r the purpose o f saving tim e. I can see no better w a y o f sav
T h e P R E S ID E N T pro/tem p ore. T h e fg e n a to r cou ld not m ake
ing tim e than to have the appeal on the point o f ord er voted that m otion under the rule. It cou ld notkbe entertained.
upon by the Senate. I think the point o f order is m an ifestly
Mr. N E W L A N D S . Very w ell, f ir . P r u d e n t . Then I w ith
w ell taken. T h e Chair has ruled that, in his opinion, it is draw m y appeal.
w ell ta k en ; and i f it is sim ply a question o f saving time, I
T h e P R E S ID E N T pro tem pore. T he appS|U is w ithdraw n.
know o f no better w ay to do it than to take a vote.
Mr. P O IN D E X T E R . A fu rth er p arliam entary in qu iry, M r.
Mr. N E W L A N D S . Mr. President, I w ill state th at I believe President.
the m a jority o f this body fa v o r this amendm ent. I do not w ish
T h e P R E S ID E N T pro tem pore. T he S e n a t o r i a l state it.
to w aste the tim e o f the body in discussion. I shall be glad to
Mr. P O IN D E X T E R . Is not the question now l^ fo r e the Sen
vote, a n d vote im m ediately, m pon it. I appeal to the Senator ate the poin t o f ord er insisted upon b y the S e n a to r fro m N orth
from R h ode Islan d to w ith d raw his point o f order. I do not D akota [M r. M c E umber I ?
wish to urge this appeal, because m any Senators have ap
T h e P R E S ID E N T pro tem pore. T h a t has been settled.
proached me and told me that w hile they w ere fo r this m easure
M r. N E W L A N D S. In view o f the fa c t that a n u m b e r o f Sena
they did n ot feel that, they cou ld vote to overru le the decision tors have in dicated to me that they w ish ed to support this
o f the Chair. Now, the question is, W h a t w as the decision o f am endm ent and to support the b ill o f w h ich this am endm ent is
the C h air? Am I appealing fro m a decision not to subm it this a condensation, and yet that they w ou ld feel con strain ed to v o te
question to (he Senate, or am I appealing from the decision o f to sustain the decision o f the C hair upon the appeal, 1 w ith draw
the Chair as to w hether this is in ord er? I w ou ld glad ly appeal my appeal.
fro m the decision o f the Chair a s to the form er, but I w ould
T h e P R E S ID E N T pro tem pore.
Is there ob jectio n to th e
n ot lik e to press the appeal from the latter, because I know Senator w ith draw in g his a pp eal? T he C h air hears none, and
there are m any Senators w ho fa v o r this m easure and w ho w ould the appeal is w ithdraw n.
vote fo r it, and yet w ho w ould bd disposed to sustain the Chair
M r. CUM M IN S. I desire to say ju s t one w ord. I am very
upon the point o f order. I w ould not wish, therefore, to appear sorry the Senator from N evada has w ith draw n his appeal, be
to have an adverse vote that w as hot deserved.
cause I think the point o f ord er w as not w ell taken, and 1 w as
I appeal to the Senator from R h ode Island to let us have a prepared to vote w ith the Senator on that proposition . But,
vote on this question, and let us put the bill through and let as he has w ith draw n it, I have noth ing m ore to say.
it go to the H ouse, and let them consider the m atter in con
The P R E S ID E N T pro tem pore. T h e b ill is still in the C om
ference.
m ittee o f the W h ole and open to am endm ent.
.fir. M Y E R S. Mr. President, w ill the Senator from N e v a d a /
Mr. O W E N . Mr. President, I offer the fo llo w in g am end
yield to m e fo r a m om ent?
I
/ ment :
That at any time prior to 10 days after the next ensuing regular
Mr. N E W L A N D S . Yes.
Congress,
States
Mr. M Y E R S. A fe w m inutes ago the Senate, by a vote o f the session ofveto as to the President of the Unitedreturningshall have the
right of
any item in this act by
the same to
Senate, declared that the Connecticut R iv er dam b ill w as a Congress with his disapproval.
proper am endm ent to offer here. I have great respect fo r th e
T he P R E S ID E N T pro tem pore. T he amendment* i f n i be
Chair and the rulings o f the Chair, and seldom i f ever question
them. A ccord in g to m y recollection, how ever, the Senate voted stated.
T he Secretary. I t is proposed to a dd at the end o f the
that the C onnecticut R iv e r dam hill w as a proper amendm ent,
that it w as not out o f o r d e r ; and it seem s to me a precedent o f b ill t h e 'fo llo w in g :
That at any time prior to 10 days after the next ensuing regular
that kind set by the Senate ought to be good fo r one day.
session of Congress the ..President of the United States shall have the
M l L IP P IT T . M r. President------right of veto as to any item in this act by returning the same to
f ir . B R A N D E G E E . M r. President------Congress with his disapproval,. .
T he P R E S ID E N T pro tem pore.
T h e Senator from R h ode
M r. N ELSO N . M r. P r ^ ^ W m a k c the poin t o f order
Island first addressed the Chair.
against that. W e can d o i i great deftl-in, the river and h arbor
f ir . L IP P IT T . A t the request o f several Senators and w ith hill, but w e can n o t' amend the C onstitution o f the U nited
the understanding that the vote on this m easure is to be taken States.
w ith ou t fu rth er debate I w ill w ith draw the point o f order.
T h e P R E S ID E N T pro tem pore. On w h at grou n d (thes..the
T he P R E S ID E N T pro tem pore. The point o f ord er is w ith Senator m ake the point o f ord er?
draw n.
M r. N ELSO N . I m ake it on the grou nd that it is general
legislation.
Mr. M cC U M B E R . I rise to a poin t o f order.
T he P R E S ID E N T pro tem pore. T he p oin t o f ord er is sus
T he P R E S ID E N T pro tem pore. T he Senator w ill state it.
Mr. M cC U fIB E R . It is that the C hair h aving once ruled tained.
M r. O W E N obtained the floor.
that the point o f ord er made w as correctly made, and a vote
Mr. B R A N D E G E E . f i r . President, I rise^ie^fTW rn a men ta r v
being called fo r again upon that question, the Senator can not
w ith draw his point o f order. It has already been decided.
inquiry.
T he P R E S ID E N T juiu-tem pbfo. T he Senator w ill state it.
The P R E S ID E N T pro tem pore. T he Chair is o f opinion that
M r. B R A N D E G E E . B efore th e T iT
T f
I
the Senator can w ith draw ic by unanim ous consent. Is there
w ish to ask whether, in ord er to get a separate vote on aiiy,
ob jection ?
I
1918.
* R S e n a to r m ust reserve
aineiHlment adopted bv (he conn
that righ t?
-* ■
ffenporer T h a t is tlio rule.
The P R E S ID E N T
Tin'll I w ill state that if any separate
iVUltfiwttticul concerning the Conv<>te slum b ^ ffs ^ e d upon Tie" .. . . .. ----- -— .. ^ . . . , rh u e ^ o fffjjitv e r dam. I shall dem and the saifhf’TSppawite. vote
M innesota M ississippi R iver amendm ent, but not
r M r . W IL L IA M S . If it is -necessary to give notice o f a
separate v ote upon the C onnecticut R iv er dam amendm ent, I
Rive n otice n ow that it w ill lie dem anded.
Mr. O W E N . Mr. President, the ob jection w hich I feel to this
hill generally is that it seem s to contain so m any item s that are
° f purely loca l im portan ce and w hich a re not apparently reQuired by the general w elfa re or in the m atter o f providing
transportation fo r the people o f the U nited .States in a broa d
sense, i notice, fo r instance, in this bill 31 item s relating to
various creek s and oth er stream s— som e o f them o f im portance,
bo dou bt— o f New Jersey. I m erely mention that as illustrative.
num ber o f them, how ever, m ust be o f purely local character.
l o r instance. I call attention to the item o f $33,500 on page 11
f" i’ im provin g Iveyport H arbor, for im provin g M ataw an Creek,
f ° r im provin g R a rita n R iver, fo r im provin g South R iver, fo r
im proving Shoal H arbor, fo r im provin g Com pton Creek, and for
im proving Cheesequake C reek ; .$20,000 fo r im provin g R aritan
R a y ; .$1 ,(>00 f o r im provin g A bsecon C reek ; $15,000 fo r im proving
Absecon I n le t; $5,000 fo r im provin g A lio w ay C reek ; $5,000 fo r
im proving C ooper R iv e r ; $15,443 fo r im provin g E lizabeth R iv e r ;
$50,000 fo r im provin g H ackensack R iv e r ; $15,000 fo r im provin g
•Mantua C reek ; $30,000 fo r im provin g M au rice R iv e r ; $300,000
tor im p rovin g N ew ark B a y and P assaic R iv e r ; and $13,000 fo r
im proving R a ccoon Creek.
1 have no dou b t that is a very im portant stream — probably
much m ore im portan t than the Arkansas R iver, w hich is a
thousand m iles long, and runs through a num ber o f States, but
which is practica lly not p rovided f o r at a ll in this bill.
Then there is an*item o f $15,000 fo r Salem R iver, $10,000 fo r
Shrewsbury R iver. $1,000 fo r im provin g T om s R iver, $5,000 fo r
im proving T u ckerton Creek, and $3,000 fo r im provin g W ood b ridge Creek.
T h is bill is fu ll o f item s o f that kind. I do not know w here
these im portan t n ation a l dem ands com e from , b u t I have ju s t
ground to believe that the form o f the b ill is due to the very
great a ctiv ity o f in d ivid u a ls w h o a re con cern ed in prom otin g
the private interests o f som e sm all loca lity a t the pu blic e x
pense and, in ciden tally, a t the expense o f the people o f O kla
homa. I am opposed to the form o f this b ill; 1 am opposed to
the w h ole p rincip le upon w hich it seems to proceed. It; seeks to
serve a num ber o f u nim portant interests o f a local ch a ra cte r;
and by en gaging the interest o f M em bers o f either H ouse in that
w ay it is sought to pass this b ill through b oth H ouses an d put
hn enorm ous exp en ditu re upon the people o f the U nited States
w ith ou t serving any adequate national purpose. T h erefore I
have in trod u ced this proposed am endm ent to a llow the P resident
° f the U nited States the right to disap prove a n y pa rticu la r item
the b ill w ithin the tim e stated.
I understand the p oin t o f ord er m ade by the Senator from
M innesota [M r. N e l s o n ] , who, in his interest in this bill, sees
il great dan ger to the C on stitu tion o f the U nited States and
Would m ake the poin t o f ord er that w e have no right to am end
'b e C on stitu tion o f the United States b y an am endm ent o f this
character. T he C onstitution o f the U nited States gives a right
° f veto to the President o f the U n ited States w hether w e w ill
° r w hether w e w ill n o t; but the Constitution o f the U nited
States also places the pow er o f legislation in this b ody— in Con
gress. W e have a right h ere to make a law , and w e have a right
10 put on this b ill a p roviso that the head o f the execu tive
branch o f the G overnm ent m ay return any item in the bill w ith
his disapproval. I w ish to take the voice o f the Senate upon
that question.
I should lik e to know w hat the ru ling o f the Chair is —
w hether o r not this am endm ent is ru led ou t o f order.
T he P R E S ID E N T pro tem pore. T h e C h air sustained the
point o f o rd e r on the grou n d th at the S en ator's am endm ent w as
general legislation on an a pp ropriation bill.
Mr. O W E N . I appeal from the ru ling o f the Chair on the
ground that the Senator from O hio [M r. B u r t o n ] having very
eloquently disclosed and a ccepted the fa ct that this is not
app ropriation bill, and the Senate having coulirm ed that
H ew on the C onnecticut R iv e r item, the th ird paragraph o f
R u le X V I d oes not apply.
*0*
T he P R E S ID E N T pro tem pore. T h e Chair feels c o n s tra in "J
"u that point, to rule that it is an appropriation bill a ccom
Jo the rules o f the Senate. T hu Senator fro m Oklahom a appeals
from the decision o f the Chair on the point o f order.
3789
CONGIBESSI ONAL RECORD— SENATE,
Mr. TH O M A S. On th at I call fo r the yeas and nays.
■
,
T h e yea s and n ays w ere ordered.
T he P R E S ID E N T pro tem pore. Senators w h o are o f the
opin ion that the ruling o f the Chair w as corre ct w ill, w hen
th eir nam es are called, answ er “ yea.” T h ose opposed w ill
answ er “ n av.” ;;
Mr. C L A R K E o f Arkansas. Mr. President, I did not quite
understand the fo r m in w h ich the Chair subm itted the m atter.
T h e P R E S ID E N T pro tem pore. T he question is. Shall the
decision o f the Chair stand as the ju dgm en t o f the S en a te?
Mr. C L A R K E o f A rkansas. Oh, yes.
T h e Secretary proceeded to call the roll.
Mr. S M IT H o f M ichigan (w h en his nam e w as ca lle d ). I
desire to tran sfer m y p a ir w ith the ju n io r Senator from M is
souri [M r. R e e d ] to th e senior Senator from P ennsylvania [M r.
P e n r o s e ] , i f I have the consent o f the Senator frOrn M ississippi
[M r. W i l l i a m s ] .
M r. W IL L IA M S . V ery w ell.
M r. S M IT H o f M ichigan. I vote “ yea.”
Mr. W IL L IA M S (w hen his nam e w as c a lle d ). B ein g re
lieved from m y pair w ith the senior Senator from P en nsylvania
[M r. P e n r o s e ] by the announcem ent o f the Senator from M ich
igan [M r. S m i t h ], I desire to vote. 1 vote “ yea .”
T he roll ca ll w as concluded.
Mr. F O ST E R . I have aNgeneral pa ir w ith the ju n io r Senator
from W yom in g [M r. W a r r e n ] . In his absence I w ith h old m y
vote.
\
Mr. D U PO N T. I shouldaike to inquire whether the senior
Senator from Texas [Mr. CulbucRSox 1 has voted.
T he P R E S ID E N T pro temp&re. T h a t Senator has not voted.
Mr. D U PO N T. I have a g|neral pair w ith the senior Sen
a tor from Texas. I w ill th erefore w ith h eld m y vote.
Mr. CULLO M . I have a general p a ir w ith the ju n io r Senator
from W est V irg in ia [M r. C h i l I p n ] . 1 tran sfer th at p a ir io
the ju n io r Senator from M assachusetts [M r. C r a n e ] and vote
“ yea.”
\
/
N ,
Mr. C L A R K o f W y om in g (after* h aving voted in thcN ifiinna
tiv e ). I w ill ask i f the senior Senator from M issou ri\ [ Mr.
S t o n e ] has voted?
T h e P R E S ID E N T pro tem pore. T h e C hair is in form ed that
th a t Senator has n ot voted.
%
Nlr. C L A R K o f W yom in g. I w ith draw m y vote. I am pa in
w ith that Senator.
T he roll call resulted— yeas 04, na>% 5, as fo llo w s :
YEAS— GL
Bankhead
Bourne
Brady
Brandegee
Briggs
Bristow
Bryan
Burnham
Burton
Catron
Chamberlain
Clapp
Clarke. Ark.
Crawford
Culberson
Cullom
Ashurst
Myers
Bacon
Borah
Bradley
Brown
Chilton
Clark, Wyo.
Crane V .
Cummins
Curtis
Dillingham
du Pont
Fall
Fletcher
Gamble
Gronna
Guggenheim
■Jackson
Johnson, Me.
Johnston, Ala.
.Tones
Kavanaugh
Kenyon
La Follette
Owen
Lippi it •
„
Lodge i
McCuml®
McLean JL
Martin, tfe.
Martine, J J.
jL
Nelson
O’Gorman
Oliver
Overman
Tage
Percy
Perkins
Pittman
Poindexter
Pomercne
N AYS— 5.
Thomas
NOT YOTING- -2G.
Dixon
Rea
Foster
Newlands
Gallinger
Paynter
Gardner
Penrose
Gore
Reed
Hitchcock
Shively
K cm
Smith, A m .
Richardson
Root
Sheppard
■Simmons
Smith, Ga.
Smith, Mioh.
Smith, S. C.
Smoot
Stephenson
Swanson
Thornton
Tillman
Townsend
Wetmore
W illiam s
Works
(Webb
^mitb, Md.
stone
/
Sutherland-'
w frren
Watson'
T h e PRE15HW32ST pro tempore.
Upon the question, Shall
the decision o f t h e t m a ir 'Stand as the ju d g m en t o f the Senate,
the yea s are 04 and the n ays 5, and the poin t or ord er is
sustained.
Mr. M A R T IN E o f N ew Jersey. M r. President, I w a s absent
from the Cham ber du rin g the rem arks o f the Senator from
O klahom a [M r. O w e n ], but I feel th at I w ou ld b e u tterly an in
efficient Senator i f I should keep m y m ou th closed a fte r the
u nfortunate reference m ade in a b elittlin g w a y to the appro
priation s fo r the Com m onw ealth w hich I in p a rt represent.
I realize th at m any o f these nam es m a y n ot seem dignified
to the Senator from O klahom a— R a ccoon Creek, Tom s R iver,
(fcbury R iver, T u ckerton Creek. W ood b rid ge Creek. H ow
■d O klahom a w ou ld b e i f it h ad the m ost insignificant one
lese creeks w andering through th at Com monwealth.
M r. O W E N . W e w ou ld he glad fo h av e them.
Mr. M A R T IN E o f N ew Jersey. I say, Mr. President, G od
know s fa r he it from m e to a dvocate a pork-barrel measure. I
3790
HJ
dr
■I
OOXORESSIO.VA L RECORD— SENATE.
E ebeuak * 24 .
do not believe in profligacy. I w as born and I b a ve lived in
T h ere w as no purpose, o f course, to reflect upon the h onorable
frugality, and I w ould be tlie last representative o f m y State Com m onw ealth o f N ew Jersey, but the purpose w as to speak
to advocate a schem e sim ply seeking the pu blic crib fo r the e x on the general ch a ra cter o f this bill, w hich takes up these
penditure o f m oney w ith ou t reference to results. I am opposed va riou s item s and w hich provides, in w hat I believe a hap
to any m easure that savors o f pork-barrelism . I feel that I hazard way, fo r this creek and th a t creek and the oth er creek
represent an intelligent, in du striou s con stituen cy, b u t at the same w ith ou t h aving a com prehensive, clear-cu t plan b y w hich the
tim e w hile I represent a fru ga l con stituen cy I do n ot represent national interests w ou ld be con served in an im portan t and
a parsim onious, mean, and n arrow constituency. W e liv e in a w ell-digested plan.
M y ob jection to this b ill rem ains. I shall vote against it. j
Com m onw ealth that has progressed, a Com m onwealth that has
con tribu ted m uch to the glory and h istory o f this great N ation am opposed to this ch a ra cter o f legislation. It has been re
in the pas® and a Com m onw ealth that to-day is ca rvin g a place peated over and over again, and I believe th a t w e ou ght to
in the histqry o f this land. In m an ufactu rin g w e are*;.to-day fo llo w a p olicy la id out along the line w hich has been suggested
b y the Senator fro m N evada [M r. N e w l a n d s ], th a t w e ought
about third in the States o f this Nation.
M
M y friend% 'rom O klahom a refers in a b elittlin g w a jf t o these to have a certain am ou nt o f m oney w hich shall be used fo r
v a riou s appropriations, such as that fo r the E lizabeth R iver such purposes and then distrib u ted accord in g to the n ational
im provem ent. A ccord in g to the report subm itted thejfim ount is interests.
T h ere w as no purpose, I beg the distinguish ed Sen ator from
•$15,543. L et i^e say— and I am proud o f it— that J f appeared
mat appro
N ew Jersey to believe, to reflect upon his noble Com m onw ealth,
ee o f the H ouse and urged
b e fo re the com f
eason w hy fo r w hich I have the h ighest respect, and fo r him person a lly f
$50,000, and I w ill state ffn
priation should
have a p ecu lia r regard. B u t one is obliged in speaking o f a b ill
I did so.
iver, passing o f this kind to illu strate it w ith som e o f the item s fro m it, and
I realize that
Van K ull and E lizabeth
up from the great
is a tonnage m y eye fe ll upon the th irty-odd item s fo r N ew Jersey, and I
rbor o f N ew Y ork City, th
each yea r that out :ips the tonnage that
through the proceeded to illu stra te w ith N ew Jersey. T h a t is all there is
great Suez Canal.
aper tran sp or in that.
e great contest is fo r
tation, cheaper bread
O klahom a is quite w illin g to have a developm ent o f on r na
butter. T he win
es and docks in
the great city o f New
:, m y birthplace,
fa ir ly congested, tional w aterw ays. O klahom a is n ot w illin g to have the Na
until now the problem
w here can the
ships that a re tional T reasu ry in vaded f o r the pu rpose o f p rom otin g loca l
buildin g fo r the m aritin
com m erce o f th w orld find a m oor- interests m erely at the expense o f the N ation al T reasu ry, i t
ing. T h ere seems to be
tope on the N o Y ork s id e ; but ju st is against th a t ch a ra cter o f legislation, w ith ou t in ten din g to
a cross the H udson R iver t % State o f N e w 'J crsey offers them an discrim in ate as to any p a rticu la r item in the bill, th a t I re fe rre d
abidin g place, and the w o r M s com m erce, In fact, m ay be taken to these v a riou s creeks. I cou ld h av e taken som e oth er State
ca re o f there. W e ask that T h e channel o f K ill Y an K u ll and and illu strated it the same w ay, b u t th at sufficed fo r mi
the im provem ent o f E liz a b e th s tiv e r m ay have attention in order purpose.
Mr. B U R T O N . Mr.
JrJfe
to a fford better shipping fa cilities, and thereby cheaper fo o d —
cheaper bread to the cou ntry a% l to the w orld.
o f thi^&wtftfo'f from O k la h om a.a re w ell fou n ded. T h ey rest
Rem em ber, Mr. President, N ew Jersey is fortu n a tely situated. upon tn^ use o f the nam e “ creek ” in this bill. T h ere are som e
It is at the very gatew ay o f the lo ijfm e rce o f this grea t Nation. channels yia vin g th at designation w hich have a v e ry im portan t
A ll the com m erce o f Europe, aim^even that o f O klahom a and co m m e rce ! F o r instance, N ew tow n Creek on L on g Island, near
the m ining in du stry o f the fa r w e s t passing over the great th e city o riB ro o k ly n , in greater M anhattan, has a tonnage o f
continental railroads, must fin d /m s h ip p in g poin t on the New 5,400,000 to\s w ith a valu ation o f over $190,000,.000. P a ssa ic
Jersey shore. W e are the d is jp n a n g poin t n ot only fo r this R iver, leading: to the city o f N ew ark, to w hich the Senator fr o m
cou ntry b u t fo r the great foreign shipping o f the country.
O klahom a referred, has a tonnage o f 2,200,000, w ith a valu e ;
H ere, fo r the N ew ark B a y j i n d t i e P assaic R iver im prove o f $62,000,000. V F h e R a rita n R iver, to w h ich lie referred som e
ment, $300,000 is appropriated; R em h n ber that is right a t the w hat slightingly^ has a tonnage o f som ething over 1 ,000 ,000 , j
threshold o f the great m etropolis o f tips country. T h e city o f w ith a value oA$64,000,000. A ll the sm all stream s in N ew j
N ew ark has a population Mfday o f a fa u t 575,000 people. W e Jersey, som e o f thebi trib u tary to N ew Y ork and som e to P h ila
are a busy, th riving hive qgpmdustry. % rerythin g in the manu- delphia, fu rn ish a certain am ount o f in terstate com m erce. T he
fa ctu rin g line, from a car sric needle tb'b. locomotive, is manu extravagance in ou r giver and h arbor bills is n ot in th at d ir e c
fa c to re d there. It is a sgpnt shipping po% t.
tion. These small stream s can be im proved a t a com pa ra tively
B ut in the hope that mb m ay be g re a te % in the hope th a t we lim ited c o s t ; and w hileV lie question m ay be raised w hether they
m ay fa cilita te the con gperce o f this greaL -N ation, and at the are proper ob jects fo r V p p ro p r ia tio n s fro m the Federal G ov
same tim e advance tt y f w elfare o f the Com m onw ealth o f N ew ernment, this custom ha&jbeen pu rsued fo r m any years, and the i
Jersey and aid our g p lo w citizens th ro u g life t the length and im provem ents m ake it possible to ship produ cts fro m one State 3
breadth o f this country, w e press this im provem ent w ith all rea to another, m aking a part \ c our in terstate com m erce.
son and w ith all fa jin e s s and w ith all ju stice. %
N ew tow n Creek has a g r a t e r tonnage w h ich is o f grea ter \
Im p rovin g Shrew sbury R iv er and its m a in t% a n ce, a paltry value than th at o f the threap sections o f the M ississippi R iver. I
sum o f $10,000 M appropriated.
T he shipping th at passes R aceoon Creek has alm ost a s V iu c h tonnage as the w hole o f th e ;
through there e a d f y ea r runs into hundreds o f thousands o f tons. A rkan sas R iver. T h e d a a g e ra o f w aste or extra va ga n ce is in !
T om s R iv e r ijm o t dignified m uch in nam e, but only a pittance the con stru ction o f lock s and d t p s f o r the ca n alizin g o f riv e r s ,!
o f $ 1,000 is ajgled f o r that im provem ent. T h a t is, one o f the fo r the im provem ent o f grea t rig ors— I do n ot w ish at th is la te f
pa ltry sums ijt it m y frien d w ould sneeringly refer tp.
h our to m ention w h ich they are% vvhere th ere is little p r o sp e ct!
W o o d b rid sp Creek is w ith in 8 m iles o f m y home. I f it were o f developin g an im portan t eom n ^ rce and the m oney is really I
called WoofflSridge R iv er it w ould have m ore ch aracter, fo r the devoted to the protection o f priv$|e prop erty b ord erin g upon]
nam e “ crd|k ” seems insignificant. L et m e say to 5*011 that them.
W o o d b rid # ) Creek and the w hole section thereabout Y&. fa irly
Nevertheless, Mr. President, I c a n \ o t vote fo r this b ill as i t ,
laden w ith a cla y product that is m a n u fa ctu red in to alm ost n ow is. M ost o f it is m ade up o f com m endable items, but there |
every con ceivable shape that is know n to civiliza tion to-day. is m uch that is objection ab le.
I mSgt p a rticu la rly criticize \
T k o j t ^ f d s upon thousands o f tons each y ea r are shipped from som e o f the preceden ts w hich it esta b liw es. W e have heard a j
tli,4 / o i n t , and m ore w ould be shipped w ith m ore liberal great deal here in the last fe w days iA r e g a r d to precedents. f
#
N ow , I w an t to call attention to one, a provision adopted here
no cavil with the Senator from Oklahoma, but, oh, on Saturday m ornin g last.
might get out and with a bigger, broader lens see the
T h e bill as it cam e from the H ouse sought to extend the
pf the great country of which lie and I are humble ju risd iction o f the M ississippi R iv er Counm ssion fro m Cape j
G irard eau up to R ock Island. T h e Senate Cdsnmittee on Com
Mr. OW EN. Mi'. President, I w ish to m ake m y profound m erce, recognizing the m a n ifest im propriety om h.-U, suggested, i
acknow ledgm ent to m y w ell-beloved frien d from N ew Jersey, in placed o f the provision o f the H ouse bill, ak exa m in a tion :
and to offer, if I m ay be perm itted to do so, m y hum ble and w ith a .v iew to a fu tu re report, fo r w h ich purposo\$ 100,000 w as j
com plete apology to R a ccoon Creek.
to be appropriated. T h a t proposition w as disen sited at great :
I f the Senator had been present he w ould have learned that Iengtji here and a com prom ise w a s adopted w h ich g ra s w orse
in pointing out the th irty-odd item s relating to N ew Jersey than/ either. I w ant to call attention to its real sign !finan ce:
I w as sim ply using it fo r the purpose o f illu strating the m anner
T ie Mississippi River Commission shall make an examination of the
in w hich some States a re abundantly p rovided for, w hile others Mississippi River from Cape Girardeau, Mo., to Rock Island, Til., with
a ?ie\v to such improvements as will at the same time promote, navi
are not provided fo r at all, and that the b ill is com posed o f
gation, develop water power, and protect property adjacent to said
item s o f local value but o f no n ational im portance.
riyer from damage by floods; and in making such examination con-
7
CONGRESSIONAL RECORD—SENATE.
¥
3791
1
suleration shall he given and recommendations made as to plans for
cooperation by the localities affected ; and for the purpose of such ex
amination—
Mr. B O R A H . Mr. President, I understand th at there w ere,
tw o reservations made.
T h e P R E S ID E N T pro tem pore. T h ere w as a suggestion
So. m uch is retained o f the recom m endation o f the Senate m afic to the C h air that reservations m ight be made, b u t they
com m ittee, but that p a rt o f the provision appropriating the ha \\ not been made.
s,ini o f .$100,000 is cu t out. N ow , let us see w hat is put in its
M k P O IN D E X T E R . I understood the Senator from M issis
place—
sippi -gave notice that he w ould ask fo r a separate vote----and for the building of such levees between said points upon*
T h m R R E SI D E N T pro tem pore. T he Senator did give notice,
m aid of navigation as may be found necessary or desira^
hut he jia s n ot dem anded a separate vote.
t o H sl° n and approved by the Chief of Engineers
*-0 0 ,0 0 0 is hereby appropriated.
Mr. P O IN D E X T E R . I ask fo r a separate vote upert the
Tim s, in the sam e sentence there is a dem and fcK' an exa m i S en a tor's reservation.
T h e P R E S ID E N T pro tem pore. T he Senator from W ashing
nation and its nullification by directin g the M ississippi R iv er
|'om m ission to p erform w ork w hich it ought n otfp erform until ton asks {^separate vote upon the C onnecticut R iver piB ject, on
page 5.
\
•fie exam ination is m ade and the report transm itted to Congress,
M r. B R A X D E G E E . I dem and a separate votejpnpon the
Congress Could not act intelligently and w ith fh ll know ledge o f
the fa cts until a fte r this exam ination is imufe. Y ou m ix the am endm ent contained on pages 53 and 54, relating fib the Mu
n icipal Electrffc Co. o f the State o f M innesota.
tw o here— the exam ination and the appropriation.
T h e P R E S ID E N T pro tem pore. W ith ou t ob jection , the other
W hy, M r. President, if w e adopt that class o f provisions, w e
underm ine the w hole system . T he very fundam ental idea should am endm ents n 9 e , as in Com m ittee o f the W h ole;’ w ill be co n
Ue that w e u ndertake no w ork w hatever until ca refu l exam ina cu rred in. T he Question is upon con cu rrin g in ifio am endm ent
upon page 5, relating to the C onnecticut R iv e r ip ro je ct.
tion has been mai^e and an estim ate fun nelled, not only that w e
Mr. P O IN D E X 'tE R . I ask f o r the yea s ana nays.
Jhay know w hether o r no the im proveijfent is a good one, but
T h e P R E S ID E N T pro tem pore. The yeas and n ays are de
that w e m ay k n ow w hat it w ill cost *m nd then, w ith all this
m anded.
_
in form ation b e fo re it, let Congress deeJBe. T h is paragraph slips
Mr. B A N K H E A D . ^
should like to understand w hat that
]h a provision a llow in g $ 200,000 instead o f $ 100 ,000 , and a llo w
am endm ent is.
ing the com m ission to go ahead behnfe the exam ination is made.
T h e P R E S ID E N T p
tem pore. It is
am endm ent agreed
T h ere w as a paragraph som ew hat sim ilar in the a ct o f 1910, to, as in Com m ittee
the W hole, in Inference to the Conunder w hich a m illion dollars w a jf appropriated under a great n ecticu t R iv er dam.
deal o f pressure fo r a so-called w aterw ay from the Rakes to the
M r. B A N K H E A D . IslRt the amendnrirnt, offered b y th e Sen
G ulf, i t w as vigorou sly opposed b y m any o f us. W e thought
it very o b je ctio n a b le ; hut even ;fhat contained the clau se w hich a tor from Connecticut, oim which the v is e is about to be taken?
T he P R E S ID E N T p roItom p ore. la r is . T h e Senator fro m
Will be fou n d o n page 34 o f the river and h arbor a ct o f 1930.
It provided fo r the presentatidii o f plans, and so forth , and then W ash ington [M r. P o i n d e x t e r ] denmiMs the yeas and nays. Is
there a second?
s ta te d :
/
Mr. C L A R K E o f Arkansas, I k f# e no ob jection to the yeas
And until these plans an#* estimates have been submitted and a
project for the improvement Adopted by Congress the appropriation of and n ay s being ordered if & i s u p c ie n t num ber o f Senators
second the dem and, but I d ei% e tq fsa y——
$1,000,000 herein made sbaliJiot be available for expenditure.
T h e P R E S ID E N T p ro t e n d o n s T h e C hair thinks the de
Mr. President, if this* paragraph goes in, the Com m ittee on
m and fo r the yeas and nays l^i^jfiiot y et been seconded. SenR iv e rs and H a rb ors o f the oth er H ouse and the Com m ittee on
a tors seconding the dem and
1 please raise th eir hands,
C om m erce o f the Senate ow e an apology to a m ultitude o f per
[A ft e r cou n tin g.] T h ere is n
sufficient num ber seconding
sons w ho have co m e .b e fo re Congress in the lust 15 years. W h en
the dem and, and the yeas an*
s are n ot ordered.
The
they have com e, and they have com e often, asking us to m ake
question is on con cu rrin g in th
aendment reserved on page 5.
an a pp ropria tion M
to ord er w ith that a ppropriation an e x
Mr. P O IN D E X T E R . Mr.
lit, I n otice the ju n io r Senam ination, ask ing in ca se the rep ort or the .exam ination is fa a tor fro m C olorado [M r. T i
had his hand up, and I do
vorable. that th e im provem ent m ay proceed, w e have said every n ot think the Chair counted
should like the question to
time, “ N o ; liujke y ou r exam ination, then com e to Congress be again put.
and run the same gantlet that every oth er p roject has to run.
e Chair w ill again put the
T he P R E S ID E N T pro tern,
I f that rep ort is favora b le, and w e app rove it, then, and in th at
and n ays seconded?
request. Is the dem and fo
case, w e w ill decide w hether or not an a ppropriation should be
T he yea s and nays w ere Ordered
m ade.”
esident, I am goin g to
Mr. C L A R K E o f A rk a
T h is m ay seem a trivia l item, Mr. President, hut it is an
ill. although I kn ow it
vote to put that am endn
entering- w edge fo r tiie exp enditu re o f tens o f m illions o f d ol
ast w ord in the passage
ou ght not to he there,
lars in .the upper M ississippi R iver b efore w e have had tim e for
because it is p erfectly
o f this hill, o f cou rse I should
consideration. It is also a beginning fo r the destruction o f
1 the b ill and sent to
plain that i f the am en
the m ost salutary and the m ost necessary featu re o f our w hole the President as a p a rt o f it, in order
m aintain h is reputasystem o f river and h arbor appropriations. I am very glad to
the en tire m easure,
tion fo r consistency he w ill doubtless
kngW that the Senator from A rizon a [M r. S m i t h ] w ith drew H e did so in a parallel case, w hen there
s a fa ilu re to m ake
bis am endm ent, w h ich w as su b ject to the sam e ob jection to
e Court. I am too
provision fo r the support o f the Comm
tvhich this paragraph is su b ject
ou t the endurance
m uch interested in this hill to w an t to t
In view o f th at fa ct, M r. President, and in view o f the prefie
hut had exam ples
o f the P resident in th e m atter o f const stem
dent w h ich it w ill create. I can n ot vote fo r this bill. T h ere .
ey have been folbeen set,
oth er ob jection s, but 1 shall not detain the Senate to discuss
they ^ u a l l ^ ’ are . '1 B ad exam p i a re a lw a ys fo l
low ed, w h ile good exam ples are ra rely ever fa llo w e d , or, at all
T he bill w a s reported to the Senate as amended.
events, they are not cited as precedents n m lid o not, upon the
Mr. STO N E. M r. P resident------m ere statem ent o f them, con stitute a sufiicienB reason fo r d o in g
T h e P R E S ID E N T pro tem pore. T h e question is on con cur right the second or th ird time, but a bad p rfeed en t is a lw a y s
rin g in the am endm ent m ade as in Com m ittee o f the W hole.
an unansw erable argum ent in fa v o r o f d oin g aSbiher had tiling.
Mr. STON E. Mr. President. I desire to m ake an inquiry. I
I n ow realize that a great m istake w as m a le in pu ttin g all
i'ad been ca lled ou t .to attend a session o f a subcom m ittee o f the this legislation relating to w a terw a ys upon t h ® b ill. The fa c t
Senate b e fo re w h i c h '! had an am endm ent pending. I returned o f the business is that this m atter o f legislating upon app ro
nnd fo u n d that the Senator fr o m O hio [M r. B u r t o n ] w as e n priation hills is another m an ifestation o f a cur$jj w h ich rested
s u e d in one o f his usual— '-^Nagfev'‘
on this cou ntry ju s t a fte r the C ivil W a r in the
a p e o f reconMr. N E W L A N D S . M r. A*residN*L is the hill yet in the strufjfion m easures. T he D em ocra tic m em bershii
f the Senate
Senate?
com m itted them selves to the a dd ition o f general
islation on
T he PR E SID E N Y iSf^o tem pore. T he b ill has been reported appropriation bills as a means o f keeping soidie
1 w ay from
to the Senate. Jiiife Chair understood certain Senators to say the polls, under a practice th a t p reva iled at tl
time. It
that they deaj^TOto reserve tw o amendm ents, the Senator from teem ed to ju s tify itself, but, lik e everyth in g els
the w orst
MississipmSBoing one of those Senators.
Ih in gs in this w orld a re the abuses o f good ones
aid so the
Mr. N E L SO N . T h e Senator has not asked to reserve the
[practice h as been kept up.
amendm ent since the hill w as reported to the Senate. There is
I have form u la ted in m y ow n m ind a plan w h ich ^ v ill regu
h<L*feservatiou asked a t present.
The P R E S ID E N T pro tem pore. V ery w ell. Then the ques late m y ow n con du ct h ereafter. I shall only fa v o r tire addition
tion is on con cu rrin g in the am endm ent m ade as in Com m ittee o f legislation to app ropriation hills w hen tiie m atter delates to
som ething that is p ra ctica lly n ot contested and the con ditions
° f the W hole.
1
3792
CONGRESSIONAL RECORD— SENATE.
F ehktjabk 24
Mr. N E L SO N (w h en h is nam e w as ca lle d ),
am p a ired
o f the situation ju s tify such action, or w here there is a d iffer
a this matence o f policy, w here technical ob jection s m ay d efeat the popu w ith the senior Senator f r o m G eorgia [M r. B a c o :
J
lar w ill, or w here s o m e ’ fundam ental princip les o f governm ent ter, and th erefore w ith h old m y vote.
M r. S M IT H o f M ichigan (w h en h is n .u n e | b is c a lle d ), j
are at stak e—-matters o f la rge im port, m atters o f far-reach in g
im p ortan ce; but I do not intend to lend m y aid to th e passage, again announce m y p a ir w ith the ju n io r Senator fro m M issouri
£
,
as part o f appropriation hills, o f m easures that are disputed in [M r. R e e d ] , and w ith h old m y vote.
Mr. W IL L IA M S (w h en his nam e w as caJfed). T ra n sfe rrin g
ch aracter or that relate to new featu res o f legislation w hich
m y p a ir w ith the Senator from P e im s y lv a jfa [M r. P e n r o s e ] to,
ought to he thrashed out upon their ow n merits, w ith ou t the
opportu nity to h old up, i f 1 m ay use such a phrase, im portant the Senator from In diana [M r. S h ively # I desire to vote- j
g
issues o f another ch a ra cter in w hich the m em bership o f the vote “ n ay.”
T he roll call w a s con cluded.
g
Senate is interested, and p ractica lly to com pel a surrender o f
Mr. B R A D L E Y . I transfer m y paijpvith the juuior Senator
you r ow n in divid u al ju dgm en t as to the m erits o f a particu lar
m easure in ord er to accom plish som ething o f greater im por from Indiana [M r. K e e n ] to the seuiJr S en ator from Nebraska
[M r. B r o w n ] a nd w ill vote. I v o t e # yea."
tance.
M r. F O S T E R (a fte r h aving vctgjf in the n e g a tiv e ). I h a r e
It is not a system o f legitim ate legislation to perm it that to
he done. It is 'a n abase o f it. I think the com m on sense, the a general p a i r w ith the S en ator f # m W y om in g [M r. W a r r e n ] ,
enlightened sense o f the Senate, ought to he adequate to the w ho is absent on pu blic business^ I tran sfer th at p a ir to tlio
ju n io r Senator from A labam a [Jar. J o h n s t o n ] a nd w ill a llo w
correction o f that practice.
There w ill he a con feren ce upon this pa rticu la r bill, w hen all m y vote to stand.
W
M r. C L A R K o f W yom in g. J? desire to announce th a t m y col
these w ater m atters w ill undergo in vestigation in the light o f
the ob jection s that have been urged here. T h e sentim ent o f the league [M r. W a r r e n ] is u n avoid ably a bsen t on the business o f
Senate on the question o f w hether or n ot the N ational G overn the Senate.
Jr
ment shall have a right to levy tolls upon w ater-pow er grants
Mr. C U L B E R S O N ( a f t # ' h aving voted in th e n e g a tiv e )- J
has been, a fte r a fu ll argum ent, settled. N ow the attem pt is in qu ire i f the Senator f r o j i D e la w a re [M r. d u P o n t ] has vo te d ?
made to je op a rd ize the life o f this im portan t hill, one in w hich
T h e P R E S ID E N T pro.-tem pore. T h e C h air is in fo rm e d th a t
m any sections o f this cou n try a re interested, and in w hich m y that Senator has not vme d . ..._____ ... ...
section o f the cou n try is vitally interested, in ord er to com pel
Mr. CULBERSQNi. 'j p f s I have a general p a ir w ith that
a reversal o f that position.
tor, 1 w ith d j^ w fm y Rote.
w as ajfiioim eed— yeas 39, n ays 37, as f o llo w s ;
I con fess that I w ou ld submit, w ith a fra n k statem ent o f the
The n
fa c t that I w as subm itting, to an im position put upon me,
T E A S — 30.
because o f the interest o f m y people, to perm it things to go
Jackson
ifiark, Wyo.
Oliver
through which, upon their ow n merits, I w ould n ot vote fo r
Jones
JPlarke, Ark.
O w ea
Kenyon
Page
JpCullom
in ord er to secure fo r them the splendid advantages th at will,
Perkins
La Follette
M - Cummins
com e to them upon tlxe approval o f this pa rticu la r bill. I hop
Llppitt
Richardstm
m Curtis
h ereafter that such legislation as this m ay be put upon a higher
Lodge
V
Dillingham
Root
Stephenson
McCumbcr
plane o f in depen den ce; that appropriation bills w ill he Rou
McLean
Townsend
tined to m atters o f a p p rop ria tion ; and that m atters o f legisla
Wetmore
Myers
tion o f a disputed ch a ra cter w ill be com pelled to w ork -'their
Rowlands
destinies ou t through the slow processes o f discussion in this
N AT S— 37.
tribunal and elsewhere.
Thomas
Poindexter
Johnson, Me.
B ecau se I know that this m atter w ill go to con feren ce, be Baaldpad
Pomercne
Thornton
Kavanaugh
Brisslw
cause I know the view s o f another branch, and because I know B n
Tillman
Sheppard
Lea
W atson
Martin, Ya.
Simmons
the view s o f the President, I am p erfectly w illin g to t o t e to Cjglmberlain
Smith, Ariz.
Webb
Martine, N. J.
iwford
pu t this am endm ent on, know ing that it w ou ld he fa t a l, to the
Smith, Ga.
O ’Gorman
til
W illiam s
bill if it w ent on and w a s accepted by the other H ouse, a pel un
Smith, Md.
Overman
Tetcher
Works
Smith, S. C.
Paynter
der the b e lie f that the com m on sense o f the situ ation w ill finally, ^Foster
Percy
Stone
Gardner
com m end itse lf to those Senators and M em bers o f t h e y t l i
Pittman
Grouua
Swanson
H ouse w ho w ill con stitute the con feren ce com m ittee, and
NOT VO TIN G — 19.
they w ill m ake some adju stm en t o f it that w ill give exprei
Kern
Culberson
Smith, Mich.
Bacon
to the known sentim ents o f each H ouse, and w ill not permit#?IPs Brady
Nelson
Dixon
Smoot
im portant bill to be loaded dow n to the exten t o f jeopardizin'
Penrose
du Pont
Brown
Sutherland
Warren
Gore
Reed
its very existence.
Chilton
Shively
Johnston, Ala.
\ ran c
So that I say I shall vote fo r som ething that I n n # iio t ah
stractly in fa v o r of, in order that I m ay get it in a p]# 5e w here
Ski the amendment made as in Committee o f the W holp-was
it w ill receive the consideration that it is n ot lik e ly lfo receive con curred in.
here this afternoon.
It i f results in leavin g thUr particu lar
T he P R E S ID E N T pro tem pore. T h e question is h ow upon
w ater-pow er legislation out o f this bill, w ell a n d fg ood . T h at the n ext reserved-am endm ent, w h ich w ill, he stated.
w ill best con form to m y ideas o f w hat should beJTone, until the
T he Secretary. T he am endm ent is oh pages 53 and 54, rela
outlines o f the question have been co m p le te ly jie ttle d so that tive to pow er a t M inneapolis and St. Paul.
they w ill be no longer open to discussion here
Mr. B R A N D E G E E . I do not care fo r a separate vote upon
I do not say that it is an u n fa ir advan tage to take o f the that.
opportunity, because w hen you are w ithin J h e rules o f a body
Mr. B O R A H . I do not desire to ask fo r a yea-and-nay vote,
th a t has pow er to exercise you are withinj f o u r rights, fo r rules but I w ant an opp ortu nity to vote on the proposition.
a re m ade to give advantage w hen t h a t j s necessarily evolved
T he P R E S ID E N T pro tem pore. The question is upon con
from th eir application. In w h at I h a # had to say I do not cu rrin g in the amendm ent.
com plain o f the action o f anybody, b id r t think this system has
T h e am endm ent w a s con cu rred in.
gone to a poin t w here abuses have bjw m ie p erfectly apparent.
T he P R E S ID E N T pro tem pore. The bill Is in the Senate,
T he P R E S ID E N T pro tem pore. J ffie question is on con curring open to amendm ent. I f no am endm ent be proposed, the ques
in the am endm ent m ade as in Jjfemmittee o f the W hole, on tion w ill be, Shall the am endm ents he engrossed and the hill
which the yeas and nays have b jf n ordered.
read a th ird tim e?
Mr. S M IT H o f Georgia. I a r # that the am endm ent be stated.
Mr. N E W L A N D S . Mr. President, I now renew the am end
The P R E S ID E N T pro teinpjjre. D oes the Sen ator desire that ment that I offered a short tim e ago, provid in g sim ply fo r an
it be read?
investigation, organization, and plans, con stitu tin g a riverMr. SM IT H o f G e o r g ia .# ! am now in form ed that it is the regulation com m ission, consisting o f the S ecretary o f W ar, the
C onnecticut dam proposit
S ecretary o f the In terior, the Secretary o f A griculture, the Sec
T h e P R E S ID E N T p rjfte m p o re . T h a t is the question to he retary o f Com m erce and L abor, tw o M em bers o f the Senate, ancl
voted on.
tw o M em bers o f the H ouse, leavin g out the la st sentence but
Mr. S M IT H o f G e o jfla . Then I do not ca re to have it read.
on e— the sentence w h ich p rovides that the plans shall in volve
The P R E S ID E N 'p rp ro tem pore. T he Secretary w ill ca ll the the expenditure o f $50,000,000 annually. A poin t o f ord er w as
roll.
m ade against that am endm ent by the Senator from N orth D a
The Seeretaryjsfroceeded to ca ll the roll.
kota [M r. M cC um ber ], and he has in dicated his w illin gness to
Mr. CELLOM'* (w hen his nam e w as ca lle d ). I have a gen w ith draw his ob jection i f the sentence to w hich I have referred
eral pair w it# the ju n ior Senator from W est V irginia [Mr. is left out. I th erefore m ove the adoption o f this am endm ent.
C hilton], # l tran sfer that p a ir to the ju n ior Senator from
T he P R E S ID E N T pro tem pore. T he Senator from Nevada
M assachusetts [M r. C r a n e ] and w ill vote. I vote “ yea.”
offers an amendm ent, w hich w ill he stated.
1913.
CONGRESSIONAL RECORD— SENATE.
3801
used, and I think that the com m ittee assented to it. T h rou gh new. take into con sideration the value o f the c a p i t a l i z e d d u r
some slip w e did not get it dow n on the cop y brought in.
ing the period o f tim e that con stru ction w a s goin g Z . and, o f
Mr. P O M E R E N E . 1 shall a t the proper tim e ask that that course, they give no cred it to the earn ings whieh the road
am endm ent------w ou ld have m ade du rin g its reconstruction. So Lif that l-espeot
Mr. LA F O L L E T T E . W h a t is the language?
th e ch a rge is made as to the cost o f reprodu cingm ew , w h ile the
Mi'. P O M E R E N E . I propose to offer as an amendm ent, on earnings that the property made du rin g the cou rse o f its grow th
Page 1 1 , line 1 , a fter the w ord “ thereto,” to insert “ and sub is n ot taken into consideration.
stantially a ffectin g said value.”
Mr. L A F O L L E T T E . I f the Senator w ill perm it me, I w ill
Tne P R E S ID E N T pro tem pore. A nother am endm ent is now sa y th a t I have here a very recent volum e. V alu ation o f P u blicb efore th e Senate.
Service Corporations, that gives all o f the decision s up to the
Mr. L A F O L L E T T E . I believe that is so, Mr. President.
end o f 1912, and I do not know but (hat it gives som e o f the
Mr. B R IS T O W . M r. President, I rise to speak m ore w ith a decisions la ter than th a t; it is ju s t out. I w ill say to the Sena
y iew o f securing the opin ion o f m em bers o f the com m ittee as tor th at it is p erfectly apparent that substantially all o f the com
io w hat the ph raseology o f the bills means than anything else, m issions o f the cou n try are m aking-'the valu ation o f rep rodu c
because I believe I am in p erfect harm ony w ith the view s as tion new a n egligible quantity. I do not believe that the Sena
expressed b y the Senator from W isconsin as to w h at values tor needs to feel any apprehension a bou t the In terstate Com
°u gh t to be considered.
m erce Com m ission givin g undue w eigh t to that elem ent. T h at
In answ er to a question w hich I asked the Senator from w as in corpora ted in the bill because it w as fe lt that it w ould
W iscon sin as to the m eaning o f the term “ the origin al cost to save contention, since it can,'I>e asserted that there is the au
date ” he in dicated th at that w as a term used to apply to the th ority o f the cou rt fo r it. #
Mr. B R IS T O W . -C ontinuing the statem ent as to th e estim ate
expenditures that had been m ade in detail from the beginning
o f the con stru ction o f the I’oad dow n to the present date. I f all o f cost o f the N ortliernflN icific R a ilroa d , I w ill say th a t th is
|he elem ents o f such cost w ill be set forth so that w e m ay know elem ent o f interest w l^ru I have refereed to that w a s counted
how m uch w as expended fo r a track that has been abandoned in by the engineer i n A e 1907 valuation on the property— that
an<l no lon ger used and h ow m uch has been expended fo r a new is, the interest on iffe m oney that w as used in the ro a d ’s co n
track that has been built f o r the purpose o f econom izing opera struction du rin g 11# period o f tim e necessary to con stru ct it —
tions, th a t is en tirely sa tisfa ctory to me. W h a t I w anted to w as $22,077,000, w hile in the valuation o f 1909, tw o yea rs later,
know w as w hether the original cost to date w ould require the the item o f interest aggregated $104,000,000. T h is w a s an esti
H e w as
com m ission to set fo rth these variou s elem ents o f cost in detail. m ate on the gam e property b y the sam e engineer.
Mr. L A F O L L E T T E .
T he Senator w ill notice in line 20 sim ply estim ating the cost o f reprodu ction a t differen t period s
they are requ ired to report in detail, and they are also re o f the sam of'railroad.
A n oth ertitem w a s the estim ate o f loca l organ ization an d e x
quired to analyze th eir costs. I w ill say to him that w herever
there has been an ascertainm ent o f the origin a l cost to date, pense durin g this im aginary construction o f the road. In 1907
in so fa r as I know anyth ing about it, they have gone into this figure w as fixed a t $3,730,000, w h ile in 1909 it w a s ostievery item , and th eir cost sheets show everyth in g o f that sort. m a te d fa t $12,130,000. I sim ply in corporate these figures in to
T he trouble w ith attem pting to enum erate w hat they shall do, m y rem arks to show that, in m y opinion, the question o f rep ro
to fix a lim itation, is that i f you say that they s h a ll, m ake duction is not a very substantial or certain clem ent o f valu e to
statem ents about im provem ents under that they probably "would take into consideration.
not be required to go in to detail about anything else except
W h a t I regard as the m ost im portant phase o f the b ill, h ow
im provem ents. T h ere are m any item s o f the origin a l cost that ever, is th at w hich relates to the unearned increm ent. T h e
w ould n ot be covered b y im provem ents, and I think th ere' P ennsylvania R a ilroa d Co., to illustrate, has o f cou rse very
w ould be a danger in m aking any attem pt to list and s p e e ijf valuable term inals in the cities o f W ashington, B altim ore,
there unless you are certain that you w ere coverin g e g & y P h iladelphia, and N ew York. It w ou ld be p ractica lly im pos
single item o f expenditure.
JT
sible to con stru ct a ra ilroa d from W ashington to B oston n ow
Mr. B R IS T O W . T h ere is one poin t I w anted to brin g^ fu t in and get desirable term inal facilities in the great cities between
regard to that fea tu re o f the b ill that requires the com m ission here and there. T h ere is n ot enough m oney availa b le fo r such
to ascertain the cost o f p rodu ction new. Such a finding, in m y purpose. T h ose railroad s that n ow e x ist w h ich have term inal
opinion, is not o f any great value, so fa r as the rate, m aking is fa cilitie s in those cities secured theip at a tim e w hen it did
concerned. I t is a va cilla tin g q u a n tity ; it does not represent not require a great investm ent, com paratively speaking. T h ey
in any sense the investm ent o f the com pany in th q.construction had the righ t to use certain lands fo r this specific purpose. I
o f the road. T ° illu stra te : In a suit that was? pending the do not believe that the increase in the valu e o f that land due
estim ated cost o f the reproduction o f the N orthern Pacific to the grow th o f population is an elem ent o f value w h ich any
R a ilro a d w as involved. I am in form ed the same engineer re ra ilroa d com pany is entitled to use in rate m aking.
T h e unearned-increm ent value o f that property is due to the in
ported in 1907 and in 1909 as to the cost o f rep rodu ction new,
and the valu e fixed in 1909 w as 8185,000,000 m ore than the crease o f population and the grow th o f the business o f the cities.
T he fran ch ise— that is, the righ t to use that real esta te— if
same en gineer fixed the valu e o f reproduction new in 1907.
ca pita lized at the am ount that it w ould now cost to secure such
"'ll'. L A F O L L E T T E . T h a t is a difference o f 25 per cent.
Mr. B R IS T O W . I t is a difference o f 25 per cent in tw o years real estate, w ould am ount to m ortgaging to the corp ora tion the
to the cost o f rep rodu cin g new the fa ilroa d . T h at did not com m ercial developm ent o f the country. I do n ot believe that
have a nyth ing to do w ith the investm ent w hich had been made the increased value o f the righ t o f w a y or any elem ent o f un
111 this property, and it seem s to me that it is n ot a very mate- earned increm ent should be taken Into consideration in dealin g
w ith the value o f the property o f these carriers, so fa r as ra te
I'ial elem ent o f valu e to be considered in i*ate making.
There w as another item th at w as taken into consideration m aking is concerned.
I am anxious to have the opinion o f the Senator from W is
• the sam e tim e b y this engine#".
‘M
Mr. L A F O L L E T T E . I f the Senator w ill perm it me, there consin and the other Senators on the subcom m ittee, w ho have
w as evid en tly ju s t the em ploym ent o f the engineer’s im agina- given this subject very great thought, as to w hether the la n
lion in that case, and the In terstate Com m erce Com m ission w as guage on page 1 0 , taken in connection w ith that w hich precedes
utterly helpless and pow erless, and so they appealed to Con- it, w ould recognize the principle that the ca rriers have a right
Ki'ess, ag they have done fo r the last 9 o r 10 years, to give them to capitalize unearned increm ent or to charge rates upon a value
Authority to ascertain the value o f the properties o f the ra il based in any degree upon unearned increment.
I read from line 10 , page 1 0 , o f the b i l l :
head com pany, in ord er th at they m ight meet ju s t such testi
All final valuations by the commission and the classification thereof
m ony as that. B u t Let me say to the Senator on that question,
that (he Suprem e C #urt o f the U nited States has listed that as shall be published, and shall be prima facie evidence of the value of the
property in all proceedings under the act to regulate commerce as of tho
°n e o f the values J to be considered, and it has not yet b y any date of the fixing thereof—
^xpress declaration elim inated it as a value to be ignored. So
And so forth.
■t seem ed to tW* com m ittee that w e ought to give it its place
Since w e provide in the b ill fo r ascerta in in g the value o f the
here, i w ill, how ever, say to the Senator that I am confident
that the view s o f all the advanced com m issions o f the cou ntry unearned increm ent, does the language I have read on page 10
that are doin g this valu ation w ork are that there should be authorize such value to be taken into consideration as prim a
fa cie evidence o f the value o f the p rop erty ? D oes the Senator
!l ver,v inconsiderable w eigh t given to reproduction new.
understand the question?
.M r. B R IS T O W . Now. in con siderin g reproduction new, th een Mr. L A F O L L E T T E . I think I understand the Senator.
giiieer con siders the tim e w hich it w ould take to build the
The provision i s :
loa d. I w ill illu stra te by the Santa F e R ailroad. It w ould re
All final valuations by the
and the classification thereof
quire to con stru ct the Santa F e R ailroad, as it n ow exists, shall be published, aud shall commissionfacie evidence of the value of
be priura
probably 10 years, perhaps longer than that. I have been ad- i tlie property in all proceedings under the act to regulate commerce as
v >sed that the engineers, in estim ating the cost o f reprodu cing 1 of the date of the fixing thereof.
3802
CONGRESSIONAL RECORD— SENATE.
O f course it has to .b e con stru ed w ith everyth ing that precedes
and that fo llo w s it. in the bill.
Mr. B R IS T O W . D oes that recognize------Mr. L A F O L L E T T E . I do not think it recogn izes any p a rtic
ular v a lu e ; it sim ply p rovides that they shall a ll be ascer
tained—
Mr. B R IS T O W . W e provide that this unearned increm ent
shall he ascertained------Mr. LA F O L L E T T E . T h a t they shall becom e tentative values
until this h earing is had.
Mr. B R IS T O W . T h is is a final valuation. T he language i s :
All final valuations by the commission and the classification thereof
shall be published, and shall be prima facie evidence pf the value—
F
e b r u a r y
21
r)
Air. N ELSO N . O f course, if there is no evidence to support it.
Mr. CUAIAIINS. B u t w hen the ca se reaches the cou rt the
com plainant has the right to in trod u ce testim ony regard ing the
value o f the property that has been devoted to th e -p u b lic use
and concerning w hich the rate is fixed. T h ere is nothing that
ca n prevent— nor do I believe th ere is an yth in g that can pre
vent— the exercise o f that righ t on the part o f the com m on
carrier.
T h is bill, how ever, is to fu rn ish both the com m on ca rrie r and
the shipper, o p (lie State, or w h oever m ay be the adversary,
prim a fa cie evidence w ith regard to the valu e o f the property
that has been devoted to the pu blic use and to con trol and to
regulate w hich the rate atta ck ed has been made.
Air. N ELSO N . Mr. President, w ill the Senator a llow me,
in connection w ith liis rem arks, to m ake a statem ent?
M r. CUAIAIINS. Certainly.
/
Air. N ELSO N . T h e one th in g that I h ad difficulty w ith in
this b ill— m ost o f it is. good, and L-approve o f it— is that part
o f the hill from line 21, on page MXfdown to line IS, on page H .
T h at seem s to contem plate, i f I Dhdorstaml the language, that
the cou rt is to retry the fa c ts fou p d by the In tersta te Com m erce
Com m ission. L et me read t h a t /
Mr. L A F O L L E T T E . T h is valuation is sim ply prim a fa cie
evidence o f fhe value, and when the case is h eard upon a ques
tion o f rates before the cou rt those values .are all subject to
atta ck both by the pu blic and by the ra ilro a d com pany.
Mr. B R IS T O W . D oes that clau se or phi|c?!o require the com
m ission or tlie V o u rt to take into con sideration the value o f the
unearned increm ent as an elem ent in fix ity a ra te?
.Air. LA F O L IiE T T E . It certainly d oes not.
Mr. B R IS T O W . T h a t is the q u estion ^ h a t has bothered me.
Mr. N ELSO N . Air. President, w ill the Senator a llow m e?
If upon the trial of any action/involving a final value fixed by the
\ F
T he P R E S ID E N T pro tem pore. Does the Senator from commission—K ansas yield to the Senator from M innesota?
T h a t m ay be in a rate case—
Air. B R IS T O W . .Certainly.
evidence shall he introduced lafctjdlng such value which is found by
Air. N ELSO N . On the very points‘the Senator from K ansas the court to he different from T hat offered upon the hearing before the
suggests, I desire to say that the State o f M innesota and oth er commission, or additional thereto, the court, before proceeding to render
judgment, shall transmit a .copy of such evidence to the commission,
States w ere defeated under the decision o f Judge Sanborn on and shall stay further proceedings ito said action for such time as the
the valu ation th eory based u p on /in crem en t and in crease in judgment, shall transmit a' copy of such evidence to the commission
value. F o r instance, in that case the ra ilroad com pany w ent court shall determine frony the date orauch transmission—
on to show that to get the right o f w a y now w ould cost them a
A n d so forth .
/
\
hundred d ollars an acre, w h e r e # w hen it w a s secured a few
T h at clea rly eonteffiplates th at these m ust be a retrial before
yea rs ago, to m y knowledge, the# paid only from five to ten d o l the cou rt upon the fa cts. I do not understand th at to he the
lars an acre. Then they w ent i l l in the sam e case to show the existin g law . I u nderstand the existin g law to be that the
value o f their term inals in tjfe T w in Cities, w hich they had In terstate Com mence C om m ission passes upon the question o f
origin a lly secured fo r a mer^Br nom inal sum, hut ow in g to the fa ct as to w hether or not a rate is reasonable, and its finding,
grow th o f the cities and to f t p fa c t that they had becom e great if it is supported by evidence, binds the cou rt above.
ra ilroa d centers the te r m in a jrh a d increased in valu e m ore than
Air. CUAIAIINS. That, how ever, does not in clude (lie ques
a thousand per cent. T he ifEilroad com pany put that increased tion o f value. T h at is seen b y a referen ce to tjfie very case to
valu ation into the case, Lxjh as to the right o f w a y and as to w hich the Senator from Alinnesota has ju s t referred, w here (lie
the term inals, and then, o i ^ h e ’basis o f that, the cou rt said that N orthern P acific roa d ------it w as not gettin g incoiije enough. So it w as that b asis o f
Air. L A F O L L E T T E and Air. O W E N addressed th e,C h air.
ph ysical valuation used liC the cou rt in th at case that beat us
T h e P R E S ID E N T pro tem pore. T h e C h air is unable to de
in the cou rt below , the circu it cou rt o f a p p ea ls; and if w e are term ine w ho is en titled to the floor. D oes the Sen ator from
beaten in the Suprem eJfcourt it w ill be because o f that very K ansas yield to the Senator from Io w a ?
thing.
§
Air. B R IS T O W . I yield to the Senator from Iow a .
Air, CU M M IN S. Mat President— —
Air. CUMAIINS. I w ill surrender the floor u ntil I can take
The P R E S ID E N T ] # » tem pore. D oes the Senator from K an it in m y ow n right, then. I w ished to answ er the question o f
sas yield to the Senator from Io w a ?
the Senator from K ansas, hut I w ill w ith h old m y answ er.
Air. B R IS T O W , $ do.
Air. B R IS T O W . I am a n x iou s to have the question answ ered
Air. CUM M IN S. I think possibly there is a little misappre-, _ >AIr. O W E N . Mr. P resident------hension h ere aboutJche hill. It seem s do me that the Senator
T he P R E S ID E N T pro tem pore. T h e C hair sim ply desires
from K ansas does Dot: look at it from the proper point o f view . to suggest that fo r the ord erly tran saction o f business it is nec
T he Congress o f the U nited States can not declare the standard essary that the C hair should he addressed, amL.Senutors should
o f values by w hich the property o f any r a ilro a d com pany can get perm ission to interrupt. T h ere w ere fljfrf'Senators on the
be measured, n o r ' the valu e o f any oth®- property. Th at is floor a t the tim e the C hair m ade the suggestion.
pu rely a j u d i c i a l question, and it finally mill be settled b y the
Air. CUAIAIINS. Air. President, I hope I have n ot incurred
courts. Congresfe or its instrum entality, th e In terstate Com the censure o f the Chair.
jf
m erce Com m ission, fixes the rates o f the la ilroa d s. T he ra il
T he P R E S ID E N T pro tem pore. N o t a t all.
road com pany attacks the rate. It attacks i$ because the legis
Air. CUAIAIINS. I d id address the C h a ir; I d id secure the
lature, or the com m ission exercisin g legislative fun ction s, has consent o f the Senator fro m K ansas to answ er. I w as th erefore
in vaded its con stitutional rig h ts ; that is, has taken its property a little surprised to have it suggested th at I w as im properly
w ith ou t due process o f la w or has taken it -Without ju s t com occu pyin g (lie floor.
pensation. Th at is the basis o f all the appeals or proceedings
T h e P R E S ID E N T pro tem pore. T he C hair ow es the Senator
w hich the railroad s b rin g in the cou rts in order! to annul or set an apology, then, i f that is the fact. T he C hair overlook ed
aside an ord er o f the com m ission. W hen such a, case com es to that.
the co u rt it is fo r the cou rt to say, and the cou rt w ill say in
Air. B RISTO W .,- T h e Senator, how ever, had n ot a rrived at
every instance, w hat the evidence show s in regard to the value the real, vital paid o f his answ er to the question I asked. It is
o f the property used b y the com m on carrier.
the im portant, question in the bill to me. I am very firm ly o f
Mr. NEBSO N. R igh t there m ay I ask a question?
the opinion that a ra ilroa d com pany has no righ t to ch a rge the
Air. CUjjMAIINS. H ere w e are sim ply attem pting to furn ish pu blic w ith rates that w ill enable it to earn a return on the un
the peopjh o f the cou ntry the evidence from all th e v a riou s earned-increm ent valu e o f its righ t o f w a y and its: te rm in a ls;
standpoints, w hich (hey can not fu rn ish them selvestjbecause o f Imt I w ant the la w yers w ho have had ch arge o f the fra m in g
the vasfchess of* the undertaking.
o f th e bill to construe the language, as to w hether o r not the
Air. NELSON. I w anted ju s t to put one very b r ie f question lines that I refer to, on page 10, begin nin g w ith the w ord s “A ll
to the Senator to see i f I am correct. Is not the finding o f the final valu ation s,” and so forth , d o recogn ize the fact, and m ake
In terstate Com m erce Com m ission upon the fa c ts in a ra le case, prim a fa c ie evidence as a p a rt o f the value this elem ent o f
i f there is evidence to support it, binding upon the cou rt?
value know n as unearned increm ent.
AIiv CUAIAIINS. It is.
Air. O W E N . Air. President------A ir/ N ELSO N . A n d the cou rt can not overru le it or retry it?
T he P R E S ID E N T pro tem pore. D oes the Senator from K an
Air. CUAIAIINS. That, how ever, is on ly upon the issu e; but sas yield to the Senator fro m O klahom a?
if the com m ission should find the Pennsylvania R ailroad , fo r
Air. B R IS T O W . I do.
instance, w as w orth on ly $ 10 , that w ould not be binding in n u y
Air. O W E N . Air. President, the w ords “ prim a fa cie " in line
court. O f course, the Senator from Alinnesota w ill agree w ith 12 n ecessarily exclu d e finality. I t is on ly prim a fa c ie as to the
m e about that.
fact. T he fa c t itse lf m ay he d is p u te d ; but the prin cip le to
191°
C N R SSIO A R C R —SENATE.
OGE
NL EOD
w hich the Senator very properly refers w ou ld not appear in this
finding.
The fa cts having been ascertained prim a facie, the facts them
selves' being su b je ct to correction , then the principle o f w hether
or not the unearned increm ent cou ld be ca pitalized a n d the
public ch arged w ith interest upon the unearned increm ent is a
principle to be determ ined by the cou rt upon debate. Facts,
merely, are a sce rta in ed ; and even the fa cts a re not ascertained
w ith com plete finality, but m erely prim a facie.
The Senator fro m M innesota poin ts out that the statem ent
that—
If, upon the trial of any action involving a final value—
T h e value fixed b y th e com m ission—
evidence shall be introduced regarding such value which is found by
fhe court to be different from that offered upon the hearing before the
commission, or additional thereto—
3803
i f it does n ot recognize o r fo r tify the theory that ca rrie rs have
a right to ca pita lize or earn returns on unearned increm ent or
a value th at cost them nothing to secure. I f it d id recogn ize
such a 'r ig h t, I w ould n ot support i t ; but h aving been assured
by the authors o f the bill, th a t no such right is recognized by
the language used, I w ill vote fo r the m easure.
Mr. P O IN D E X T E R . Mr. President, I w a s goin g to pu t w hat
I h a d to sky in the form o f a question to the Senator from
K ansas, b u t'd on ly w an t to call attention to a possible con stru c
tion o f this language w hich I think is the danger th at the Sen
a tor from K ansas has in m ind.
O f cou rse Iik n o w that the view o f the fram ers o f the b ill is
th at it does nqf undertake to say w hat value or w h at class o f
values shall bemused as a basis fo r fixin g rates. I t leaves that
en tirely undeteftnined, and the Senator from K ansas is appre
hensive that tlii& language w ill be construed to have the effect
o f a legislative (declaration th at the unearned increm ent shall
be included.
\
Congress has a nu;ht to do that. T h a t w ould n ot be any con
fiscation o f the property o f the carrier. It w ou ld be in crea sin g
the valuation upon \khicli rates m ust be based. Congress, under
the decision o f the courts, has not the pow er to pu t the va lu a
tion so low as to am oim t to a confiscation o f property. B u t there
cou ld he no con stitutional ob jection ra ised to a legisla tive a ct
declarin g that th o unearned increm ent shall be in cluded in the
valuation, because that % -ouhl be w ithin the pu rview o f C on
gress In fixing pu blic poliij&'. Congress has pow er to-fix ra ilroa d
rates, and out o f that pov%r grow s pow er to fix the basis upon
w hich rates shall be deterim ned.
There is th is possible con stru ction o f the a c t : The language
to w hich the Senator from K ansas has called attention is :
it shall send it back fo r ascertainm ent o f the fa c t before the
cou rt p roceeds— is on ly a declaration th at th is finding o f fa c t
upon certain evidence subm itted shall n ot be final, but m ay be
again sent b ack i f those con cerned offer add ition a l evidence
w hich w as not b e fore the com m ission. T h e purpose o f that s e c
tion is to prevent a trick o f discreditin g those w ho find the fa cts
b y subm itting to th ose ch a rged w ith the finding o f the fa cts
incom plete evidence w hich a fterw a rd s is m ore com pletely sub
m itted to the cou rt, and the court, finding that a ddition al e v i
dence or m aterially differen t evid ence is subm itted to the cou rt
from th a t w h ich w as origin a lly subm itted to the com m ission,
sim ply sends it back, as a cou rt w ould send a case back to a
com m issioner to fu rth er ascertain the fa c t upon new evidence.
Th at answ ers the question o f the Senator from M innesota. I
have alrea dy answ ered the question subm itted b y the Senator
All final valuations by the conlfci.ssion—
from Kansas.
T h at includes this v a lu a tio n ® m o n g others, w h ich includes the
Mr. TH O M A S...
~
Tim U n K S T D E X T p ro tem pore. D oes the
unearned increm ent—
K an sas yield to the Senator from C olora d o?
All final valuations by the comrrffcsion and the classification thereof
shall be published and shall be p r % a facie evidence of the value of
1 M r. B R IS T O W . I do.
the property in all proceedings undec the act to regulate commerce as
LMr. T H O M A S . I understood the Senator from K ansas to
thereof,
all judicial
s * , and I quite agree w ith him, that this unearned incre- of the date of the fixing approved and-jnary 4, 1887. proceedings for the
enforcement of the act
Febw
m \ t should n ot be the su b ject o f ca pitalization. I w ant to
One o f the ju d icia l p roceed in g s-for the enforcem ent o f that
in qm re w hether the Senator thinks it should be assessed
a ct w ou ld be a ju dicia l proceedin g tp determ ine w hether o r not
a g a iw t the com panies fo r taxation.
M r ^ te lilS T O W . I think not. o f course. I do n ot think a a rate fixed by the In terstate C ora p erce Com m ission w as a
value t^ut can not be used as a basis o f earning pow er should reasonable rate or a la w fu l rate, % -re is an act w hich says
that in that action —
%
he used \ a basis o f taxation.
All final valuations by the com m ission^*
* * shall be prima
Mr. T H o& IA S . I think it is so assessed gen erally all over
facie evidence of the value of the property. A
the cou n try ab d taxes collected upon it.
Mr. C L A P P m n d M r. O L IV E R addressed the Chair.
A n d there is danger that som e cou rt \ T ld com e along and
ou
T h e P R E S IlJteN T pro tem pore. D oes the Senator from con stru e that language as being a declaration o f Congress that
K ansas yield to riie Senator from M innesota, w ho first a d the valuation, in cluding the unearned in em n en t, shall be taken
as a basis o f fixing the rate. It cou ld be \ sily rem oved from
dressed the C h air?
the realm o f doubt by the insertion o f a fe V w ord s n egativin g
M r. B R IS T O W . _ _ _
\
Mr. C L A P P . I wante|Lto say th is : I do n ot think the Sen that possible construction.
Mr. CU M M IN S. Mr. President, I do not" nite agree w ith
a tor from K ansas exactbrW rasps the fo rce o f these provision s
1 agree w ith the Senator f i \ p K ansas that the unearned in cre the Senator from W ashington w ith regard J o 1 9 com petency o f
ment should n ot be the b a s a % b u t suppose the court, when it Congress to say the unearned increm ent shall
»t he con sidered
conies to pass on the q u e s t in g should regard it oth erw ise? as a part o f the valu e o f ra ilw a y property. Hfc'
fewever, th at is
%
The th eory o f this b ill is tliaH khe G overnm ent shall a scer n ot m aterial to this discussion.
Mr. P O IN D E X T E R . Mr. President------tain these v a riou s valu es in tlie * ^ v a r io u s w ays, to the end
The P R E S ID E N T pro tem pore. D oes the Serial
from Iow a
that the cou rt, i f it rejects one b a ^ s or adopts another, has
%
the figures b e fo re it, instead o f simp^k reversing the order and yield to the Senator from W ash ington?
M r. CU M M IN S. I do.
%
requ iring th ose decisions to be litigate*, de novo. T h at is the
Mr. P O IN D E X T E R . T h e Senator, I think, m is% p reh en d ed
th eory and the p rincip le upon w hich 1%e bill is fr a m e d ; not
that it is con clu sive upon anybody, fo r im is fo r the courts to w h at I said. W h a t I said, or intended to say, w as ju f t the op p o
say w hich o f these variou s bases it w ill taka^n the last analysis. site. I did not say Congress probably has not the rij^lit to say
th at the unearned increm ent shall n ot he c o n s id e r e d * W h a t I
Mr. O L IV E R . Mr. P resid en t------Senator from said w as th at Congress has the right to say that it sftould he
T he P R E S ID E N T pro tem pore. D oes
considered, w hich is quite a different proposition.
*
K ansas yield to the Senator from Pennsylvani
Mr. CU M M IN S. I have a little dou b t about that a%>, M r.
Mr. B R IS T O W . I do.
Mr. O L IV E R . I shou ld like to ask the Senatof^tfrom K ansas President. H ow ever, neither is m aterial to this discu ss!® !.
It seems to me, as I tried to say before, that the p w p o s e
find the Senator from Iow a, w ho, I u n d ersta n d ,*^ about to
speak, as to the probable tim e they w ill occu py im d iscu ssin g o f the bill is a little b it m isapprehended. T h is b ill is m i& ided
this bill, i think i f it is lik ely that great tim e w ill be% onsum ed to au th orize the Interstate Com m erce Com m ission to send&out
its appraisers, its experts, and secure alm ost a ll the in form ation
' Ve should take a recess and com e b ack h ere this e v
Mr. B R IS T O W . I w ill say, s o fa r a s I a m concerrild, that that is conceivable w ith regard to the valu e o f ra ilw a y prop
f fim through. A ll I w anted w as an expression, in r e e l ’d to erty. W hen all this in form ation is collected, then the com nlfesion hears the case and decides w h at is the fa ir valu e o f t %
tile con stru ction o f the language I have read here, f r o m tb
fitor from W iscon sin [M r. L a F o l l e t t e ] , w h o i s i n chargfe o f railroa d property.
U ndoubtedly the in form ation sought here, am ong oth er th in gs^
the bill, and fro m the Senator f r o m Iow a [M r. C u m m i n s ] ,
includes the unearned increm ent, o r th e increased valu e o f A
|s a m em ber o f the subcom m ittee. I have great confidence
lands, lots, and term inals o f the ra ilw a y com pany. But no
their judgm en t, and, kn ow in g that their purposes and m ine :
cou rt has hitherto said th at the unearned increm ent ought not
e xa ctly the sam e in regard to this valuation, I w ill yield tb
fipprehensions th at I have as to the con stru ction o f this lan- » t o be and m ust not be considered _as a p a rt o f the valu e o f the
£fi1;ige to their ju dgm en t, supplem ented, as it is, by that o f the R ailw ay property. Personally, I do not believe it should be con
Senator from O klahom a and the Senator from M innesota, in sidered. I have another standard in m y mind, nam ely, the
w hose ju dgm en t I a lso have great confidence. I am fo r this bill value fo r the purposes o f a com m on ca rrier rather than the
CONGRESSIONAL KECOE D— SENATE.
value as determ ined by the use to w hich a djacen t property m ay
be put.
H ow ever that m ay be, this bill recognizes w hat the cou rts
have a lready declared m ay be elem ents in the va lu e o f railwayproperty. A ll the know ledge th at can be secured is gathered
and la id b efore the com m ission. Then the railroad s a re called,
the pu blic is called, and they try ou t the question b efore the
com m ission as to the value o f any p a rticu la r ra ilw a y property.
M r. N ELSO N . W ill the Senator yield to m e?
Mr. CUM M IN S. Certainly.
Mr. N ELSO N . T he difficulty w ith me about the b ill is in
the fo llo w in g la n g u a ge:
If, upon tbe 1rial of any action involving a final value fixed by the
commission, evidence shali be introduced regarding such value which
is found by the court to be different from that offered upon the hear
ing before the commission, etc.
I w ill n ot read the entire paragraph. D oes that contem plate
th at this final ex parte valuation to be m ade b y the com m ission
is finally to be revised by the cou rt? Is it u ltim ately to be a
cou rt valuation ?
Mr. CUM M INS. T he Senator is th in king o f one thing and
I am talking about another. W hen the suit is brou ght before
the court in a proceedin g to attack, annul, and set aside the
order o f the com m ission------Mr. N ELSO N . In a rate case.
Mr. CU M M IN S. Then the finding w hich the com m ission has
m ade w ith regard to the value o f the ra ilw a y property7 i f that
,
becom es m aterial, is prim a fa cie evidence o f the value o f that
property.
Mr. N ELSO N . B u t this contem plates, i f y7
ou read the p a ra
graph through------Mr. CU M M IN S. Just a llow me. T h e ra ilroa d com pany need
n ot in troduce it. It can go on and in troduce any evidence it
pleases w ith rega rd to the value o f the property o f the com
pany. T he final finding o f the com m ission in this proceedin g is
prim a fa cie evidence in that suit.
Mr. N ELSO N . I understand that.
Mr. CU M M IN S. B u t it is not conclusive. E ither p a rty can
in troduce a dd ition al testim ony.
Mr. N ELSO N . In that case pending?
Mr. CU M M IN S. Yes.
Mr. N ELSO N . B efore the com m ission?
Mr. CUM M IN S. B efore the court.
Mr. N ELSO N . In a rate case retried b efore the cou rt?
Mr. CU M M IN S. Certainly.
Mr. N ELSO N . On the fa cts ?
Mr. CUM M IN S. C ertainly.
Mr. NELSO N. I suppose the finding o f the com m ission on
the fa cts------Mr. CUM M IN S. T he com m ission does n ot m ake any find
in g o f the value o f the property. T he com m ission sees w hether
any rate is a f a ir and reasonable rate. T h e ra ilroa d says “ T h at
is not tr u e ; it is n ot a fa ir and reasonable r a t e ; it confiscates ou r
property. T h e re fo re w e bring a suit to en join the com m ission
from pu tting the rate into fo rce .” Thereu pon it proceeds to
p rove the value o f the property, and th at it rendered the serv
ice fo r w hich it m akes the charge. T h e Senator from M in
nesota does not say that the com m on ca rrier can n ot in such a
suit as th at prove the valu e o f the property w hich renders the
service w hich has been regulated by the com m ission. I am
sure he w ill n ot assert that.
Mr. N E L SO N . W h a t I mean is t h is : D oes this refer to an
actu al trial, an actual rate case, or does it refer sim ply to a
case con cerning the valu ation fixed by the com m ission?
Mr. CU M M IN S. It refers to an actu al rate case.
Mr. N ELSO N . L et me read the language here :
If upon the trial of any action involving a final value fixed by the
commission, evidence shall be introduced regarding such value which is
found by the court to be different from that offered upon the hearing
before the commission, or additional thereto, the court, before proceed
ing to render judgment shall transmit a copy of such evidence to the
commission-------
Mr. CU M M IN S. N o ; n ot ju dgm en t on the valu e o f the p rop
erty, ju dgm en t upon the ord er w hich has been entered by the
com m ission regulating a rate or fixing a rate.
Mr. N ELSO N (rea d in g ) —
the court before proceeding to render judgment shall transmit a copy
of such evidence to the commission and shall stay farther proceedings
in said action for such time as the court shall determine from the
date of such transmission.
In other w ords, if the cou rt concludes that the In terstate
Com m erce Com m ission has n ot fou n d the fa cts p roperly they
a re to be retried in the court, and then the cou rt is to transm it
it to the Interstate Com m erce Com m ission.
Mr. L A F O L L E T T E . Oh, no, no.
Mr. R O O T. Mr. President------T he P R E S ID E N T pro tem pore. D oes the Senator from Iow a
yield to the Senator from N ew Y ork ?
Mr. CUM M IN S. Certainly.
F ebruary
24,
Mr. N ELSO N . I w ant an understanding on that question.
Mr. R O O T. I w ish to m ake a suggestion to the Senator fr o m
M innesota. T h ere m ay now be an issue raised upon w h ich a
question o f valu e w ill be a relevan t fact. T h e In terstate Com
m erce Com missidh has m ade Jin order fixin g the, vales, and the
ra ilw a y com pany conies into cou rt assertin g tp at those rates
a re confiscatory. U pon that issue the question o f value is a
relevant and m aterial fact, is it n o t?
/
U nder the provision the Senator from M innesota has adverted
to it seems to me that that question o f v;U«ue is n ot m ade m ate
rial and relevant under any circum stam res in w hich it is not
now m aterial arid relevant. It does i y t broaden the ju r is d ic
tion o f the cou rt to con sider that question o f valu e at all. it
m erely relates to the evidence o f valn e in the cases w here the
cou rt n ow can con sider it and w h e r / they w ill then con sider it.
It m erely puts into the tria l o f tli£ question o f value w here it
can now be tried and w ill then h i tried new prim a fa c ie evi
dence supplied by the determ ination o f the com m ission. Tt does
not perm it the cou rt to retry that case or to review (he decision
o f the com m ission under any oth er circum stances than they can
do it now.
Mr. N ELSO N . L et me call the Senator’s attention to this
la n g u a g e :
The court, before proceeding to render judgment, shall transmit a
copy of such evidence to the commission, and shall stay further pro
ceedings in said action for such time as the court shall determine from
the date of such transmission. Upon the receipt of such evidence—
N ot the evidence taken b efore the com m ission, the evidence
taken in cou rt—
the commission shall consider the same and may fix a final value dif
ferent from the one fixed in the first instance
In oth er w ords, instead o f actin g on their ow n volition and
in their ow n m anner, the cou rt takes evid ence and sends it to
them, and upon that evidence taken in cou rt they have the
liberty o f changing the ju dg m en t they form ed in the first
instance.
Mr. CU M M IN S. T h ey have.
Mr. N ELSO N . Is n ot that a retria l o f the case upon the facts
in the language o f the b ill? D oes n ot that take the legisla tive
fu n ction w e have tran sferred to the In terstate C om m erce C om
m ission upon the question o f fa c t ? D oes it not in d irectly trans
fer it to the cou rts?
M r. CU M M IN S. I think not, Mr. President. I think that is
intended sim ply to enable the com m ission to change the ord er
w ith respect to the rate that it has a lrea d y m ade. I f evidence
w ith regard to valu e is developed in the cou rt that has not
been developed b efore the com m ission in its general w ork, and
it has m ade an ord er fixin g a rate upon a valu e w h ich it finds
to be wrong, then it is given the opp ortu n ity to change the o rd er
w hich is being a ttacked in the co u rt, as m ay be requ ired by the
add ition a l or differen t evidence w ith regard to the value o f the
property. I do n ot think that it changes in the least degree
the relation o f the com m ission to the cou rt. It sim ply fu r
nishes, as I said in the beginning, evidence either f o r the ra il
w a y com pany or fo r the pu blic w ith regard to the value o f the
property that is devoted to pu blic use— evidence that, o f course,
is n ot conclusive, and, in m y opinion, it w ou ld not be com petent
fo r us to m ake it con clusive.
M r. N ELSO N . B u t the Senator w ill con cede that it changes
the procedu re w hich now prevails.
M r. CU M M IN S. I do n ot think it does at a l l ; th a t is, if the
Senator means the substance o f th e procedu re. T h e ra ilw a y
com pany that com plains o f the action o f the com m ission must
still b rin g suit in a cou rt o f com petent ju ris d ictio n to annul the
ord er o f the com m ission. W h en it has brou ght the suit and
m ade the issue it m ay take the w ork o f the com m ission th a t is
here provided fo r and in trod u ce it as prim a fa c ie evidence o f
the valu e o f th e property, or the G overnm ent can take the w ork
o f the com m ission and in trod u ce it as prim a fa c ie evidence o f
the valu e o f the property. T h a t is the on ly respect in w h ich the
relation has been changed.
Mr. N ELSO N . L et me call attention here to the final lan
guage o f this paragraph.
If the original order shall not be rescinded or changed by the com
mission, judgment shall be rendered upon such original order.
Mr. CU M M IN S. Certainly.
M r. N ELSO N . Now , w h a t does th is con tem plate? It con
tem plates that a fte r the In terstate C om m erce C om m ission has
m ade a finding and issued an order th e other p a rty goes into
cou rt, evidence is taken in the court, and that evidence is to be
sent back to the In terstate Com m erce Com m ission, so that they
can revise and change th eir ju dg m en t in the first instance. I
do not understand that any such p ra ctice p reva ils under the law
now. I have n ever h eard o f that. H as the Senator h eard o f it?
Mr. CU M M IN S. I t can not, excep t so fa r as the rehearing
is concerned. T he com m ission has a p erfect righ t to rehear
191° .
O
CONGRESSIONAL RECORD— SENATE.
ernment. I have been ju s t in form ed by the Senator fro m W est
Mr. C U R T IS . I think this w as also a w estern W est.
Mr. STO N E. W as he paid in full, and now the eastern W est V irginia th at w hen the report, the last report, I think, w as
comes in and says he is entitled to be p a id ? H as the Senator made, no recom m endation w a s m ade as to w hether it should
from K ansas any in form a tion as to w hether there is a southern be paid or not. In m y ju dgm en t it ought n ot to be paid. Cer
tain ly it ought not to be paid until passed on by the C ourt o f
est o r a n orth ern W est?
Mr. C U R T IS . N o ; but I think this man w as a w estern W est Claim s. I hope it w ill be rejected.
Mr. M cC U M B E R . A bout how m any com m issions does the
instead o f an eastern W est. I think the record w ill bear out
Senator w ant to pass on these claim s? It has been in vesti
that statement.
The P R E S ID E N T pro tem pore. In announcing his decision gated five or six different tim es and every in vestigation has
on the poim , o f ord er the Chair m eant to add the fa c t that the brou ght forth the sam e result.
W h y send it to the Com m ittee on Claim s? W ill it receive
amendm ent ryrites that this a w a rd has three tim es been a p
proved b y th e S e e r e t a r y o f the Interior. T h e a w a rd w a s ap any better in vestigation b efore that com m ittee? The dep art
proved, it w as rW fiirm ed. and again reaffirmed. T he Chair ment has investigated it. A com m ission has been sent out to
overrules the poin t ML order, and the question is upon agreeing in vestigate it. T he departm ent w ou ld not have recom m ended
th at it should be paid out o f the tribal fund, out o f the fu n d
to the amendm ent.
Mr. M cC U M B E R . I wfcdi to to ask the Senator from K ansas that w as realized by the W estern Cherokees, unless the depart
if the D a w es C om m ission did not investigate this question and m ent had been satisfied that it w as a claim ju s tly chargeable
make its report to the Secrefouy o f the In terior? T he report to th at account.
W e can, o f course, strike this item ou t o f the In dian appro
here show s th a t a com m ission jm ssed upon it, and I ask i f that
priation bill. W e can send it still to another com m ittee to
'"a s the D aw es C om m ission?
Mr. C U R T IS . I do n ot think so% I think that w as a com investigate, but w hen is the in vestigation to be stop ped? It is
mission appointed b y the S ecretary hf., the In terior b efore the properly a claim against In dian property, i f it is a claim a t all.
D aw es C om m ission w as created. A s Ixgaid a m om ent ago, it^ It is th erefore a claim that should be under the ju risd ictio n
lias been so long since I exam ined the papers in the case that I o f the In terior D epartm ent and not a claim that should go to
the Com m ittee on Claims.
have rea lly forgotten the ex a ct dates.
\
M r. LO D G E. The Court o f Claim s?
Mr. G O RE. T h e com m ission that in vestigated this claim w as
M r. M cC U M B E R . These Indian claim s are never referred to
some y e a rs p rio r to the D aw es C om m ission— 1 Ih in k perhaps 10
years.
•%
th at com m ittee or to the Court o f Claim s. I do not ca re w hether
T he P R E S ID E N T pro tem pore. T he question !% o n agreeing it is the Com m ittee on Claim s or the C ourt o f Claim s, it has
been decided b y com m ittees that have investigated it over and
to the am endm ent.
\
Mr. M cC U M B E R . M r. President, b efore w e have a \ o t e upon over again. T h e departm ent has investigated it and the dep art
tlie am endm ent I w ish to say that I can n ot understand w hat ment has declared, through the Secretary o f the In terior, every
the real o b je ctio n to this claim is. T he claim is based O^in an tim e it has been w ritten to, th at this is a ju s t claim and th at
assum ption on the part o f Senators that certain fa cts tjxi.st. this is the form o f an am endm ent that ought to be draw n to pay
Th at question has been investigated, a s is alrea dy show n im ^lie the claim . T he fa c t that it has been delayed by Congress fo r
40 yea rs or SO yea rs ought not to m ake any difference. I f it is a
argum ent, three tim es— on ce by a com m ission and tw ice by s
ju s t cla im it ought to be paid.
com m ittees appointed by the Com m ittee on In dia n A ffair?
T he Senator from Oklahom a gives his opinion that the claim
E ach tim e the report has been that the heirs o f John IV. W est
Were entitled to be recogn ized as h aving a claim to th eir p ro
John W . W est is not a proper claim . T h ere is then the opinportion ate sum o f that obtain ed by the C herokee N ation from i b i t o f the Senator from O klahom a as again st the opinion o f a t
the U nited States.
lea slL fou r separate in vestigations upon the sam e subject and
It w as first investigated, as the Senator fro m O klahom a says, the erfcelusion to the con trary. I f the sim ple statem ent o f a
about 10 years p rio r to the crea tion o f the D aw es Com m ission. SenatoffH hat he thinks a claim o f this kin d ought not to be
It w a s investigated, then, at a tim e w hen the fa c ts w ere fresh paid shoffkl override every com m ission ’ s report and the ca refu l
investigation m ade by the S ecretary o f the In terior, o f course,
hi the m inds o f those w ho knew about the case.
w e w ould ge% nothing upon these Indian bills w hatever.
Mr. G O R E . Mr. P resident------T he P R E S ID E N T pro tem pore. T h e question is on agreeing
T h e P R E S ID E N T pro tem pore.
D oes the Senator from
to the a m e n d m ^ t o f the com m ittee.
■North D a k ota y ie ld to the Senator from O klahom a?
T h e amendmenfc^was agreed to.
Mr. M cC U M B E R . I yield.
T he S ecretary continued the reading o f the bill.
Mr. G O RE. I should lik e to set the Senator stra igh t on that
T h e n ext am endm ent was, on page 40, a fte r line 10, to strike
Point. I think this claim accru ed in 1811 or 1842. B lu ford
Mest was, I think, settled w ith about 1845 or 184G. John W est, o u t :
The sum of $300,000, t& b e expended In the discretion of the Sec
I think, d ie d in 1 S6 S, and it is m y recollection that he never
retary of the Interior, imde%rules and regulations to he prescribed by
Presented any claim fo r paym ent and had never pretended to him. in aid of the common schools in the Cherokee, Creek, Choctaw,
he entitled to any claim fo r paym ent. T h a t w a s in 18GS. This Chickasaw, and Seminole Natf&hy in Oklahoma, during the fiscal year
com m ission, as I rem em ber, w as appointed in 1882 or 1883, ending June 30, 1914 : ProvidetmkThat this appropriation shall not he
subject to the limitation in sehRon 1 of this act limiting the ex
about 40 yea rs a fte r the claim accrued, if it did accrue, and penditure of money to educate children of less than one-fourth Indian
blood.
about 3G y e a rs a fte r th is treaty w a s made.
The Senator from N orth D a k ota seems to be under a m is
T h e am endm ent w as agreed to. %
apprehension. T h is has no relation on earth to the claim s that
T he n ext am endm ent w as, on pag<s41, a fter line 19, to in se rt:
" ’ere to be liqu idated by the $4,000,000 appropriation. Certain
For the support, continuance, and ni^ptenance of the Cherokee
Salt springs w ere taken in 1841 or 1842. The springs w ere Orphan Training School, near Tahlequah, taOkla., for the orphan In
of the Five Civilized Tribes B&longing
°Wned by B lu fo rd W est. R epresen tatives o f the Governm ent dian childrenconducted as an industrial schooL.under to the restricted
class, to be
the direction of
Were sent to the property im m ediately a fte r B lu fo rd W est’s the Secretary of the Interior. $ 2 5 ,0 0 0 ; and thfl^rincipal chief of the
death. A deta iled report w as m ade setting out the particu lars Cherokee Nation is authorized to sell and convcyegjud property, includ
ing the 40 acres of land appurtenant thereto and
buildings thereon,
the va riou s fo rm s o f property ow ned by B lu fo rd W est, and to the United States for the sum of $5,000, and %
additional sum
of $5,000 is hereby appropriated for said purchase.
011 that report B lu fo rd W est w as settled with.
I w ish to im press th is fa c t on the m ind o f the S e n a to r: T he
T h e amendm ent w as agreed to.
treaty o f 1846 provided fo r the creation o f a com m ission to
T h e n ext amendm ent was, on page 42, a fter line f>, to in se rt:
consider claim s on the part o f the W estern Cherokees, expressly
The sum of $300,000, to he expended in the discretion ’ lif the Sec
stating W estern Cherokees. T he com m ission had no a uthority
to con sider claim s on the p a rt o f E astern Cherokees.
It. is tru e th a t John W est and B lu fo rd W est w ere brothers.
ending June 30, 1 9 1 4 : r r o v i a e a xnau m is appropriation sh-m ^
,
Senators u n fa m ilia r w ith the h istory o f the Indians there m ay subject to the limitation in section 1 of this act limiting * L
Wonder w h y one w as an Eastern and one a W estern Cherokee. turc of money to educate children of less than one-fourth’ Indian Woftd
Miat poin t turned on the date o f th eir rem oval to the old Indian
T h e am endm ent w a s agreed to
Territory. T h ose w ho w ent p rior to a certain date w ere W estT h e n ext am endm ent was, on page 42, a fte r lin e 14, to in se rt:
'wn Cherokees and those w ho w ent subsequent to that date w ere
That the Secretary of the Interior lie, and he is hereby, authorized
Eastern Cherokees. B lu fo rd W est w ent prior to that date and and directed to forthwith make a per capita payment of $200 from the
E-canie im pressed w ith the ch aracter o f a W estern Cherokee. tribal trust funds of the Seminole Indians to each individual otlicially
John W . W e st w en t subsequent to th a t date and th erefore enrolled as a member of the said tribe, to relieve the distressed condi
tion at present existing among the allottees of that tribe, said payment
'ceam e an E astern Cherokee.
to be 1L U I U C at Wewoka, O k la .: x i v i s l U C U , That aamounts L
l O D U made
J
f f c n u a a ,
. Provided, L i l l i L
u l O l I I l l S of all delinThis m atter slum bered fo r som e 30 or 40 years b efore it w as quent taxes and penalties properly assessed against the la
'!■
ands of each
Seminole allottee under the laws of the State of Oklahoma and remainresurrected and pressed as a righteous claim against the G ov
.3880
CONGRESSIONAL RECORD— SENATE
ing unpaid shall bo ascertained and paid under the direction of the
Secretary of the Interior in each and every case out of the distributive
share to he paid to each enrolled member of the tribe under the pro
visions of this act.
F ebruary 25
these rolls to b e m ade T h e rolls w ere made. In d ivid u a ls w ho
w ere on tlie tribal rolls w ere recognized, but th ere w ere thou
sands o f people rem otely o f In dian blood w ho, because they
w ere p a rt Indian, som e o f them h avin g on ly a th irty-seeon a
The Amendment w as agreed to.
T he n ext am endm ent w as, on p a g e '43, a fter line 3, to in s e r t: part In dian blood, som e h avin g on ly a six ty -fou rth p a rt Indian
blood, som e o f them h aving on ly the pretense o f In dian blood,
That the Secretary of the Interior is hereby authorized to make a per
set up a claim to be adm itted in to tbe C h octaw and C hickasaw
capita payment td .the Choctaws and Chickasaws entitled thereto of
$100 each, and to tliC’ CAerokees of $15 each, out of the tribal funds now
T ribes w here citizen sh ip is w orth a p p roxim ately $10,000-—
on hand.
being va riou sly estim ated fro m $6,000 to $ 10 ,000 .
T h e D a w es Com m ission stru ggled w ith th at problem during
Mr. LO D G E. M r. President, I desire to m ake a poin t o f ord er
against that am endm ent. I t proposes to change existin g law. 1S96, 1897, 189S, 1899, 1900, 1901, 1902, 1903, 1904, 1905, ancl
T h e a cts o f C ongress add agreem ents w ith the Indians provide 190o’ y e a r a fte r yea r a llow in g appeal upon top o f appeal, until,
that the m oneys belonging to the C hoctaw s and C hickasaw s finally, Congress, seem ing w ea ry o f that everlasting contention
shall be distributed to the m em bers o f the tribes or th eir heirs that an y bod y w h o cou ld cla im to h av e rem otely a tra ce o f
w hen the rolls are com pleted and all allotm ents m ade and sur In dia n b lood ba d a righ t to a d istrib u tive share in th is estate,
by a ct o f Congress closed these rolls on the 4th o f M arch, 1907.
plus lands sold. (Sec. 14, act o f July 1,''■1002, 32 Stats., 642.)
T h e am endm ent provides fo r a paym ent o f $100 per capita to T h ey h ad spent 1 1 lon g an d ted iou s years on this problem . The*
each C hoctaw and C hickasaw n ow enrolled and $15 to each In terior D epartm ent has on ly d ire ctly recom m ended th at 52
person s be pu t on the roll. A clerk nam ed H ow ell, o f tb e de
Cherokee now enrolled.
Our rule, o f course, is not the ru le o f the oth er H ouse in partm ent, has suggested v a riou s classes w h o m ight be con
regard to the changing o f any existing law , and the change o f sidered, and h as recom m ended that th ey should be given a newexisting la w w hich this am endm ent proposes to m ake fixes its hearing, a rehearing.
ch a ra cter as general legislation. I do n ot ca re to delay the
T h e P R E S ID E N T p ro tem pore. W ill the Senator roa d the
bill or the Senate. I m ight go on fu rth er to show that it w ould term s to w hich he allu des in the statute o f 1907?
also eventuate in a ch arge on the T reasu ry, but that is not
M r. O W E N . I w ill r e a d th a t into th e R ecord at the proper
mom ent.
necessary. I t is clearly, I think, general legislation.
1
M r. O W E N . Mr. P resident------I t th erefore is a ro ll con clu d ed b y a ct o f Congress. T h e Inte
T he P R E S ID E N T pro tem pore. D oes the Senator from rio r D epartm ent has resisted reopening th ose ro lls ever since
M assachusetts yield to the Senator from O klahom a?
that a ct o f Congress w a s passed, but h as suggested th a t this
M r. L O D G E / I do.
sm all num ber o f 52 persons should be pu t upon the roll. T h ere
M r. O W E N . W ill the Senator from M assachusetts read the are proba b ly tw o o r three h un dred In dia n s w ho ou gh t to be
put on th at roll w h o w ere le f t o ff b y in ad v erte n ce ; b u t the
term s o f the existin g la w ?
Mr. LO D G E . T h e acts o f Congress and agreem ents w ith the C h octaw and C h ickasaw estate, by tb e estim ate o f tb e C h octaw
In dian tribes provides th at the m oneys belonging to tlie C h oc and C h ickasaw T ribes, w a s p u t at a v a lu e o f $60,000,000. Mi*.
taw s and C hickasaw s shall be distributed to the m em bers o f G eorge W right, the U nited States C om m issioner to the F iv e
the tribes or their heirs w hen the rolls are com pleted and a ll C ivilized Tribes, put th at trib al property o f the C h octaw s and
allotm ents m ade and surplus lands sold. T h e am endm ent p ro C hickasaw s y e t u ndistributed a t a p p roxim a tely $36,000,000.
vides fo r the paym ent o f $100 per capita to each C h octaw and T h e passage o f this item w ill in n ow ise a ffect the cla im o f a n y
C hickasaw n ow enrolled, and $15 to each Cherokee n ow enrolled. o f the people w ho m ight h av e a n y p ossib ility o f assertin g a
In the case o f the Sem inoles, w h ich w e have ju s t passed, the claim .
M r. C U R T IS . M r. P resid ent------roil w a s com plete. T h is ro ll is adm ittedly n ot com pleted.
T lie P R E S ID E N T p ro tem pore. D oes th e S en ator fr o m O kla
T h erefore, it seems to me, the am endm ent clea rly proposes gen
homa y ie ld to tlie Senator fro m K a n sa s?
eral legislation.
Mr. O W E N . I do.
Mr. O W E N . I should like to ask the Senator from M assa
chusetts a question. U pon w hat a u th ority does lie state that
M r. C U R T IS . D oes the Senator from O klahom a mean that
these rolls are n ot com pleted?
the proceeds fro m tlie sale o f the surplus o f the coa l lands, o f
Mr. LO D G E. I state that on the a u th ority o f the report o f th e coa l rights, and o f tlie reserved tim b er lan d s w ou ld be am
the Secretary o f the In terior. T h ere a re n ow upon the rolls ple to m eet all th e claim s again st th e G overnm ent and pay each
o f the C h octaw s and C h ickasaw s 27,021 persons, exclu sive o f in divid u a l h is sh a re?
freedm en, entitled to p a rticip ate in tlie property o f the tribes.
M r. O W E N . Oh, y e s ; th ey w ill yield m ore than a sufficient
T h e paym ent proposed w ould aggregate $2,702,100, and there am ount. Even the attorn ey represen ting these claim ants cam e
is now to the credit o f the tw o tribes and a vailable $4,444,297. b efore tb e Com m ittee on In dia n A ffa irs a n d stated th a t a pay
So that tlie proposed paym ent w ou ld take on e-h alf o f the a v a il m ent o f a hundred d olla rs per capita w ou ld n ot in any wayable fu n d s now in tbe T reasu ry to the cred it o f these tw o tribes. a ffect b is c lie n ts ; and y e t he n ow com es an d m akes this appeal
In a letter o f the Secretary o f the In terior, dated A p ril 22, th rou gh the Senator from M assachusetts, I suppose, u rgin g ;i
1912, addressed to the Senate Com m ittee on In dia n A ffa irs, it poin t o f ord er again st this am endm ent sim ply in ord er to show
is stated that there are off tlie rolls o f the C h octaw s and C h icka h is a ctiv ity a n d h is zea l in b e h a lf o f h is clients, in terferin g
saw s fo u r classes o f persons w hose cases should be considered w ith the rights o f these people, the C h octaw s a nd the Chick a/
b efore the affa irs o f those tw o tribes a re closed up, w h ich classes saw s, w ho prom ptly agreed w ith the U nited States G overnm ent
a re as fo llo w s :
in 1897, 15 yea rs ago. T h e C h octaw a n d C h ickasaw authorities
1 . N oncom petent cases, one person to a case, 800.
agreed w ith the U nited States as hum ble w a rds o f tlie G overn
T h is class includes fu ll-b lood Indians, m inor orphans, insane, ment, yield in g to the superior p ow e r o f the U n ited States, and
and so forth .
m ade an agreem ent to d iv id e th eir lands, w ith the exp licit
2. D elinquent cases, due to adm in istrative delay, 52.
pledge in the fa ith o f th at agreem ent th a t the lands w hich
3. Ten M ississippi C h octaw cases.
w ere n ot a llotted sh ou ld be sold and tb e p roceed s distrib u ted to
4. One thousand seven h undred and tw en ty-fou r cases, a vera g them.
in g three persons to a case, th at w ere im p erfectly adjud icated .
T h ose peop le since th a t tim e have d ied b y thousands, in the
There are now app roxim ately 5,000 In dian s recogn ized by the ord in a ry process o f nature, 15 years is a lon g tim e fo r a large
departm ent to have equitable claim to share in tbe property o f com m unity. W ith in 15 yea rs the annual death rate o f 20 to
the C hoctaw s and Chickasaw s.
the thousand on 30,000 peop le w ou ld m ake 1,500 people a
Th at letter o f the Secretary o f the In terior is m y au th ority year, and in 1 0 years w ou ld am ount to 15,000 people. Those
f o r saying that th e rolls are n ot com plete.
people have died a n d n ever receiv ed th e fu lfillm en t o f the
Mr. O W EN . I w ill state, M r. President, that the Secretary prom ise o f the G overnm ent o f the U n ited States. N ow here,
o f the In terior has n ot m ade any such declaration.
a fte r all these lon g years, an attem pt is m ade to appeal to a
M r. LOD G E. T h a t letter w as addressed------p oin t o f ord er to prevent th e p a rtia l ca rry in g ou t o f this h onor
M r. OW EN. I challenge the Senator to p u t it in the R e c o r d . able obligation o f the U nited States to the C h octaw s a nd the
M r. LO D G E . T he letter o f the Secretary o f the In terior is Chickasaw s. I hope the Sen ator w ill n ot persist in the point
dated A p ril 22, 1912, and addressed to the Senate Com m ittee o f order.
on In dian A ffairs.
M r. L O D G E . M r. President, th e departm ent recogn izes by
M r. O W EN . These rolls, M r. President, w ere closed b y an the list I have ju s t read— and it is fou n d in the report o f the
act o f Congress five years ago. It has n ow been 20 lon g years D epartm ent o f the In terior— th at th ere are now a pp roxim ately
since H en ry L. D aw es, previously a Senator from M assachu 5,000 In d ia n s w h o a re en titled to cla im a share o f th e property
setts, w a s sent to Oklahom a fo r the purpose o f w in din g up the o f the C hoctaw s and Chickasaw s. I t is qu ite true th at the
affairs o f the F iv e C ivilized Tribes. In 1890, th ree years a fte r departm ent cou ld n ot pu t those people on th e rolls because tb e
the D aw es Com m ission w ent to O klahom a, Congress directed ju ris d ictio n o f th e departm ent term in ated by operation o f la w
1913
CONGRESSIONAL RECORD— SENATE.
M arch 4, 1907, but p rior to that time the departm ent recom
mended an extension o f the tim e in w hich to w in d up the affairs
e f those tribes.
T h e Senator from M innesota [M r. C l a p p ] , at
that time ch airm an o f the Com m ittee on In dian A ffairs, en
deavored to secure that extension. T he estim ate o f the com
m issioner to the F iv e C ivilized T ribes is that there are only
$23,500,000 yet to be received from the sale o f the tribal
property, and the estim ate o f the Senator from O klahom a o f the
value o f th eir share is m uch la rger than I had supposed it
was.
388 1
partm ent has opposed the opening o f these rolls fo r five years.
It has said the 52 names, to w hich I have referred, should go
on the rolls and has thought that those reported by Mr. P ollock
ou gh t to go on, but it lias n ot sent as yet to the Congress the
d irect recom m endation that they should be put on, so fa r as 1
am inform ed.
T he P R E S ID E N T pro tem pore. It m ust be m an ifest to the
Senate that in a con troversy o f this kind, w ith con flictin g state
ments, it is quite im possible fo r the Chair to determ ine the
e x a ct status o f this case. F or that reason the Chair, under the
privilege a ccord ed to the C h air b y the rules, w ill subm it the
question to the Senate. Is the am endm ent in ord er?
M r. C U R T IS . I think, M r. President, unless the Chair de
sires to subm it th e question to the Senate, that the point o f
ord er should be sustained, fo r the reason that the property has
n ot been disposed of, as show n by the debate, and this settle
m ent is not to be made until the p rop erty o f the tribe is d is
posed of. It is adm itted that, under the law , there rem ain fo u r
h undred a nd som e odd thousand a cres o f coa l lands undisposed
o f and la rge tracts o f tim ber lands undisposed o f ; and, o f
course, this is a distribution before it is a uthorized under e x
istin g laws. I w ill say to the Senate, how ever, th at I think this
small paym ent w ould not a t all affect (he righ ts o f oth ers cla im
ing rights, because these In dian s have such a large and va lu a ble
property.
T he P R E S ID E N T pro tempore. T h e question w ill be sub
m itted to the Senate.
Mr. O W EN . Mr. President, before the m atter is subm itted
to tiie Senate I wish to calLU ie firtcrition
Senate— o r p e r
haps it w ill be w ell to let .the inatter be subiniuCrLfo the Senate,
and then I w ill makort-tto com m ent— explainin g 1 lie'le tte r w h ich
h as apparently minded the Senator from M a s s a ch u se tts .
Mr. K EN Y O N .
I suggest the absence o f a quorum s Mr.
President. . ’
\
T he P R E S ID E N T pro tem pore. T h e Sen ator from Iow a smrgests the absence o f a quorum . T h e Secretary w ill call the roll,
T h e Secretary ca lled th e roll, and the follow in g Senators an-'''
sw ered to their n am es;
Mr. O W E N . I w ill suggest to-tlie Senator from M assachusetts
that he has om itted th e coa l and asphalt lands from the
estim ate o f $23,500,000.
Mr. L O D G E . B u t it is valued at $5,000 or less, and it w ould
involve, on the am ount reported by the com m issioners, a charge
upon the T reasu ry in addition. It seems to me, Mr. President,
that the am endm ent clea rly proposes to change existin g law . I
do not w ish to delay the b ill any further. I m ake the poin t o f
order.
Mr. T O W N S E N D . M r. President, I can not th row any light
011 the poin t o f ord er particu la rly, but I am interested in this
matter, because it is a type o f con ditions that ex ist in m ore
than one o f the In dian tribes. I understand, o f course, that
when these ro lls w ere closed, as has been suggested, there w ere
certain In dian s and th eir very a ctive counsel w ho w ere neces
sarily interested in h aving the enrollm ent as sm all as possible,
because, b y lessening the num ber, the am ount that each Indian
Would receive w ou ld be greater. I am satisfied, from m uch co r
respondence that has com e to m e and from som e little in vesti
gation I m y se lf have made, that there are thousands o f the In
dian w a rds o f this G overnm ent w h o have n ot been enrolled, but
to w hom th e G overnm ent is quite as m uch indebted and quite as
m uch under obligation fo r their ca re and support and the fa ir
treatm ent w hich shou ld be accord ed them a s it is to those In
dians w ho have been enrolled.
I think that w e can w ell afford now to stop and con sider ju st
exactly w hat the true situation is. because I here predict that
i f this G overnm ent shall distribute the m oney and property
Cullom
Lea
Root
w hich belong to the In dians am ong less than the w hole num ber Bacon
Borah
Cummins
Lippitt
Sheppard
there w ill h ereafter be presented claim s against th e G overnm ent Bourne
Curtis
Lodge
Smith, Ariz.
fo r those w h o are le ft off the rolls, and the U nited States w ill Bradley
Dixon
Smith, Mich.
McCumber
du Pont
Myers
Smith, S.
be ob liged to pay them. I am also confident that som e o f th e, Brady
Fall
Nelson
Smoot
same attorn eys w ho have greatly profited by successful efforts Brandegee
Briggs
Fletcher
Nev/lands
Sutherland
to close rolls in the past, and w ho a re now a n xiou s to d istrib u te Bryan
GaHinggr
O'Gorman
Swanson
Cambio
Oliver
Thomas
Indian fu n ds am ong th ose enrolled, w ill enlist th eir efforts td Burnham
Burton
Gronna
Owen
Thornton
recover against the U nited States, and f o r those Indians who- Catron
Page
Johnson. Me.
Tillman
Townsend
ore not now in clud ed in the enrollm ent, the m oney w hich ca n ij Chamberlain
Penrose
Johnston. Ala.
Watson
.Tcn<*s
Percy
bo easily proven to be theirs. T h ere w ill be no escapin g its obKavanaugh
Perkins
Webb
ligations in the case, no m atter i f w e have closed the rolls and j f y an;>
’
Pittman
Williams
Kenyon
Crewford
Works
I.a I'olletto
Richardson
nave lo ft them out, because this property belongs to them.
I am grea tly interested in the m atter, fo r w h ile I am loath to
Mv. SMOOT. I desire to state that the senior S en a to r^ ro m
m ake charges, I think th ere has been fra u d practiced on ou r R h ode-Jsla n d [M r. W e t m o k e ] is detained from ilie Sedate in
Indian w ards, and if the point o f order is not sustained, as I the A pphm riations Com mittee.
hope it w ill he, I shall feel obliged to vote against the am end
T he P R E S ID E N T pro tem pore. On the ca b L -of the roll 04
ment, because I do not believe it is ju s t or right. ±f w e liar e Senators have \Tns\yeml to their n am eg^ -«it quorum o f the
ho regard fo r ou r duties to the Indians, w e should le g a id the Senate is present
..............
interests o f the U nited States and protect them against dam ages
Mr. O W E N . Mr. President, the Chair has subm itted to the
Senate a poin t o f order m ade by the Senator from M assachu
hereafter.
Mr. L O D G E . Mr. President, I have sent fo r and obtained setts [M r. L odge ] again st the p e r capita paym ent to the C h oc
the report o f the D epartm ent o f the In terior, and m erely to taw s and Chickasaw s o f $100 and $15 per capita to the Cherokees,
show the view o f the departm ent as to in creasing the roll I w ill on the ground that the rolls have n ot been com pleted and th at
read:
there are app roxim ately several thousand citizens w ho have n ot
y et been enrolled w hose righ ts m ight be put in jeop a rd y. T h e a n
It is not claimed— ■
sw er to that is that, even i f it w ere true, their rights w ould not
R e fe rrin g to th eir in ab ility to a ct under the law o f 1907—
be put in jeop a rd y, on the ground that there is an u ndistributed
. R . is not claimed that the action of the department in refusing to property o f app roxim ately $30,000,000 available to tlie C h octa w s
consider such cases was erroneous but that the law was unfair and
,.n-hist and that, in the administration of this law, further injustice and C hickasaw s, w hich w ould leave a great abundance, am ou nt
Resulted because (1 ) the tribal rolls were, according to the reports of ing to about a thousand d ollars per capita to all the citizens,
VF' Commissioner to the Five Civilized Tribes, incomplete and otherwise and the paym ent o f a hundred dollars per capita w ou ld not pre
J*ctcetive ; (2 ) the commission did not index and consult all rolls in its
possession; and (3) certain rolls were not transmitted to the commis- clu de any citizen w ho m ight be added a fterw a rds, i f a n y there
or its successor until after the time fixed by law for the tcrmina- should he.
0,1 of the enrollment work.
Mr. W IL L IA M S . Mr. President, I should like to ask the
Ifiiat is, flic departm ent h olds that the rolls have never been Senator from Oklahom a how w ou ld this affect, or w ou ld it a ffect
com pleted, and to pay the am ou nts proposed w ith ou t com pleting a t all, the M ississippi C h octaw s?
Mr. O W EN . The M ississippi C hoctaw s have been enrolled.
them w ould in volve a ch ange o f existin g law.
Mr. W IL L IA M S . N ot all o f them. A lot o f them a re now
M l O W E N . T h e reference there is to the particu la r cases
^ h ieli did not reach the departm ent in tim e, and they com prise seeking to be enrolled, and a bill is pen din g in the oth er H ouse
,ho 52 cases to w h ich I have referred. They are the on ly ones fo r that purpose. T h ere w ere m an y o f them in M ississippi
w ho seem ed to think it w as som e w h ite m an’s scheme, w hich
hat rea lly w ere n ot prop erly enrolled.
j, Mr. L O D G E . T h e departm ent says that their estim ate o f they d id not understand, and so they fa ile d to com e up to be
w h o are not prop erly enrolled, deducting the 51 cases, is enrolled.
Mr. O W EN . T he undistributed p rop erty o f the C hoctaw and
1 Mr. O W E N . I f the Senator w ill read the latter part o f the C h ickasaw N ations w ould be abundantly sufficient to provide
d ie r he w ill find that the departm ent declines lo make any fo r any claim ants w ho have a n y possib ility o f being put on the
com m endation w ith regard to opening these rolls. T h e de- rolls.
/
CONGRESSIONAL RECORD— SENATE.
Mr. W IL L IA M S . The Senator does not think this w ould
affect them ?
Mr. O W EN . It cou ld not a ffect them in ju riou sly in any way.
T he Senator from M assachusetts has been im pressed w ith the
letter o f the Secretary o f the In terior o f A p ril 22, 1012, and he
has said that there w ere 2.675 citizens, as set fo rth on page 12
o f the docum ent from w hich the Senator read, le ft off o f the
rolls. I asked his a uthority fo r stating that they w ere left off
the rolls, and the Senator read that letter. I call his attention
now to the fa c t that the Secretary does not say that they ought
to be on the r o lls ; he does n ot say they w ere w ron gfu lly left off
the rolls. W h a t he does say is, that there w ere that num ber o f
people in fo u r different classes o f claim ants. T h a t is all he
does say, and in closin g his letter------Mr. LO D G E . I f the Senator w ill excu se me, the Secretary
says that they “ appear by reason o f their descent and other
fa cts to have been prim a fa cie entitled to enrollm ent. ’
Mr. O W EN . From what page is the Senator readin g?
Mr! LOD G E. P age 12.
Mr. OW EN. I call th e attention o f the Senator from M assa
c h u se tts to th is particu larly, reading from that same paragraph :
The total number of eases of this class where (he applicants may
appear by reason of their descent and other facts to have been prima
facie entitled to enrollment can be ascertained from the “ census
cards ” in the office of the Commissioner to the Five Civilized Tribes,
and will probably not exceed 140.
Is that the paragraph from w hich the Senator read?
Mr. LO D G E . Y e s: that is true.
Mr. O W EN . Th at is a very different proposition.
Mr. LO D G E . Then it goes on------Mr. O W EN . Then it goes on to enum erate ilie in dividuals
w ho m ight be found, under fo u r classes o f claim ants, not en
titled. A t the close o f the letter the A ssistant Secretary says
lliis— I call the attention o f the Senator to the last 8 or 10 lines
on page 1 8 :
The transmission of a copy of this informal paper at this time is not
to be taken as a recommendation by (lie department that le g is l a t i o n
be enacted in that form or at all. The purpose of this communication
is simply to supply you with such information as the files of the depart
ment contain on the subject. It may not be inappropriate to call your
attention to the fact that substantially all the information herein has
been furnished heretofore, except perhaps that the estimates of the
number of cases falling within the several classes are now somewhat
more definite.
F ebruary 25 >
T he P R E S ID E N T pro tem pore. T h e C hair is in form ed that
that Senator has u ot voted.
Mr. B R A D L E Y . I w ith draw m y vote.
M r. JO N ES. I desire to announce that m jN ^olleaguo [Mr
Poindexter] is detained from the Cham ber oH^ im portant
business.
Mr. B R A D L E Y . I tra n sfer m y pair w ith the .senator from
Indiana [M r. K ern] to the Senator from W iscon sin [M r. fcT l.
phenson7 and vote.
I vote “ n ay.”
T he result w as announced— yeas 34, n ays 37, as fo llo w s :
Ilacon
Chamberlain
Clark, Wyo.
Clarke, Ark.
Dixon
Fall
Foster
Gore
Gronna
Johnson. Me.
Kavanaugh
I ^ea
McCumber
Martin, Va.
Myers
O'Gorman
Overman
Owen
Y E A S — 34.
Percy
Pittman
Pomerene
Sheppard
Shively
Smith, Ariz.
Smith, Ga,
Smith, S. C.
Stone
Borah
Bourne
Bradley
Brandegee
Briggs
Bristow
Brown
Burnham
Burton
Catron
Crane
Cullom
Cummins
Curtis
Dillingham
Gallinger
Gamble
Guggenheim
Jackson
Jones
N A Y S — 37.
Kenyon
La Folletto
Lippitt
Lodge
Nelson
Oliver
Page
Penrose
Perkins
Itichardson
Ashnrst
Bankhead
Brady
Bryan
<’liilton
Clapp
NOT VO TIN G — 24.
Johnston, Ala.
Crawford
Kern
Culberson
du Pont
McLean
Fletcher
Marline. N. J.
Gn rdner
Newlands
Hitchcock
Payntcr
Swanson
Thomas
Thornton
Tillman
Watson
Webb
Williams
Root
Smoot
Sutherland
Townsend
Warren
Wetmore
Works
Poindexter
Iteed
Simmons
Smith, Md.
Smith, M id
S tep hens^
T h e P R E S ID E N T pro tem pore.
It is declared that (he
am endm ent is not in order, and (lie point o f
is sustained.
Tim readin g o f the Dill w as resum ed. .
T h e n ext am endm ent o f the Committee on Indian A ffa ir s was,
on page 43, after* line 7, To in sert:
For expenses incident to and in connection with collection of rents of
unallotted lands and tribal buildings, such amount as may be necessary :
Provided, That such expenditures shall not exceed in the aggregate lij
per cent of the amount collected.
In oth er w ords, the Secretary does u ot sny that these people
Mr. C L A R K o f W yom ing. Mr. President, I h ardly understand
have been im properly left off. Prim a fa cie there are 140 o f
w hat that language means. I should like to have Hie chairm an
them. 1 call the attention o f the Senator to the sm all num ber o f tlie com m ittee tell us.
w hich I thought ought to go o n ; so these are the on ly cla im
Mr. G A M B L E . T h ere is quite a good deal o f land unallot led,
ants. T h is w hole volu m e has been printed at the expense o f
and in con nection w ith the leases there is q u ite a good deal o f
the com m ittee and, as fa r as I know, w ith ou t any ord er o f the
disbursing to be done. It is proposed, in the leasing o f tlie
com m ittee itself. I do n ot know h ow it cam e to bo printed.
allotm ents, to create in this w a y an a dm inistrative fu n d fo r the
I should lik e to ask by w h at a u th ority it w as p rin ted ?
Mr. G AM BLE. Mr. President, in reply to the interrogation con du ct o f that p a rticu la r business. It is recom m ended by the
departm ent.
made by the Senator from O klahom a I w ill state that the pub
Mr. C L A R K o f W yom in g. Mr. President, at tDo present tim e
lication referred to w as printed at the request o f the senior
these leases are prepared through the D epartm ent o f the In
Senator from N orth D akota.
Mr. O W EN . It is a very large volum e, and a very expensive terior, b y the au th orized agents and em ployees o f th a t depart
ment. It occu rs to me that tills is an in direct w a y o f m aking
volum e, and I think a la rge p a rt o f it is quite unnecessary fo r
an addition al app ropriation fo r the w ork in g fo rce o f tlie Indian
pu blic purposes.
Bureau.
Mr. G A M B L E . I t w as printed, as I understand, in con nec
Mr. G A M B L E . N o ; I think the Senator is m istaken in that,
tion w ith the b ill in troduced by the senior Senator from North
because the m oney is collected from these pa rticu la r leases and
D akota.
is paid to the a dm inistrative officers w ho have to do particu
M r . O W EN .
I should like now to read into ilie R ecord ib e
la rly w ith this m atter.
act o f Congress w hich I fa iled to read in the first instance,
Mr. C L A R K o f W yom in g. A re they not already on the pay
closin g the roll. It is an act passed in 1900, fou n d in volum e
roll o f the G overnm ent?
34 o f the Statutes a t Large, part 1. at page 138:
Mr. G A M B L E . N o ; I think not.
Proriilcd. That the rolls of the tribes affected by this act shall be
Mr. C L A R K o f W yom in g. Then w ho execu tes these lenses
fully completed on or before the 4th day of March, 1907, and the Sec
B y whom is
retary of the Interior shall have no jurisdiction to approve the enroll on the p a rt o f the G overnm ent and the In d ia n s?
ment of any person after said date.
this w ork o f collection done fo r w hich it is sought to ch arge 10
T h at act w as passed on A pril 26, 1906, givin g n early a fu ll per cent o f the am ount collected ?
y e a r’s notice o f the closin g o f these rolls, a fter they had been
Mr. G A M B L E . It is done b y the superintendent, and the
under consideration fo r 1 1 years.
leases are execu ted by the Com m issioner o f the F iv e Civilized
T he P R E S ID E N T pro tem pore. T he question is, Is the T ribes
am endm ent in ord er on the pending h ill? [P u ttin g the ques
Mr. C L A R K o f W yom in g. T h a t is it exactly. T he collection
tion.] B y the sound the noes appear to have it.
is m ade by the superintendent, w ho is a salaried officer o f tlie
Mr. O W EN . I call fo r the yeas and nays.
U nited States. T h e leases are made b y the Com m issioner o f tlie
T he yeas and nays w ere ordered, and the S ecretary proceeded F ive C ivilized Tribes, w ho is a lso an officer o f tlie U nited States
to call the roll.
and pa id by tlie U nited States. N ow it is sought to ch a rge these
Mr. D U PO N T (w hen his nam e w as c a lle d ). I have a general very lands o f these In dian tribes w ith a 10 p er cent collection
p a ir w ith the senior Senator from T ex a s [M r. C u l b e r s o n ], fe e f o r his services, as I understand.
A s he is absent from the Cham ber, I w ill w ith h old m y vote.
Mr. G A M B L E . A s I understand, Mr. President, these lessees
Mr. W IL L IA M S (w hen his nam e w as ca lle d ). T ran sferrin g are at tim es fa r rem oved from tlie superintendent’s office. It is
m y general pair w ith the Senator from Pennsylvania [M r. P e n necessary that em ployees go out, at som e expense, to look a fter
r o s e ] to the Senator from M aryland [M r. S m i t h ] , I desire to
the details o f the leases. T h is am endm ent sim ply provides fo r
vote. I vote “ yea.”
expenses in ciden t to and in con nection w ith the collection o f the
The roll ca ll w as concluded.
rents. It is n ot to create any particu la r fund. It is on ly to pay
Mr. B R A D L E Y (a ft e r having voted in the n e g a tiv e ). I ask fo r the actu al disbursem ents in con nection w ith th at p a rticu la r
w hether the Senator from Indiana [M r. K e r n ] lias voted?
business.
1913.
CONGRESSIONAL RECORD— SENATE.
Mr. C L A R K o f W yom in g. A s it reads, Mr. President, tin's is
nu absolute ch a rge fo r tlie collection o f lease m oney, fo r the col
lection o f rents. T h ey certain ly do n ot have to go out to the
residences o f the lessees in ord er to collect the rents. There
must he a p rovision som ew here that these rents shall be p a id .
>
‘iud it seems to me th at even if there w ere not, 10 per cent is
sin exorbitant com m ission to pa y fo r the collection o f lease
tnoney. I am ask in g f o r in form ation .
Mr. G A M B L E . T h is 10 per cent is sim ply a lim itation. O f
course, they are to he ch arged on ly fo r the actu al expenses.
If the Senator fe e ls disposed fo ob ject to it------Mr. C L A R K o f W yom ing. I do not w ish to o b je ct to it, but
I w ant som e in form a tion about it.
Mr. G A M B L E . T h ere w as a fu ll hearing b efore the com
mittee, and it w as recom m ended by the departm ent, and w as
especially recom m ended b y the Com m ittee on In dian A ffairs. J
^ iil read the substance o f the recom m endation.
Mr. C L A R K o f W yom in g. I can understand that it w as rec
om m ended by the departm ent, hut I w ant to say to the Senator
that I do n ot a lw a ys fo llo w tiie recom m endation o f a depart
m ent o r a bureau o f a departm ent as to the expenses that are
be in cu rred and charged.
Mr. O W E N . M r. P resid ent------The P R E S ID E N T pro tem pore.
D oes th e Senator from
W yom ing yie ld to the Senator from O klahom a?
Mr. C L A R K o f W yom ing. I do. I think perhaps the Sena
tor from O klahom a can give th e in form a tion I want.
Mr. O W E N . I think I can give the Senator the in form ation
he desires. I f it w ere n ot f o r this provision, the expense o f
collectin g these rentals w ould com e out o f the Federal T reas
ury. T h e F ed era l G overnm ent agreed to allot the lands, but
hid not fe e l bound to p a y out o f the F ederal T reasu ry the ex
Peases ou tside o f the a llottin g o f the lands. In the handling
° f the u nallotted lands the G overnm ent d id not feel charged
With the du ty o f takin g the expenses in volved ou t o f the F ed
eral T reasu ry. F o r that reason this p rovision perm its the ex
pense o f collectin g these rents to com e out o f the rents them
selves, T h a t is the pu rpose o f it.
Mr. C L A R K o f W yom ing. T h a t is a better explanation. I
Wanted to understand about it, because it seem ed to m e a rather
extortion ate fe e fo r the G overnm ent as a real-estate agent to
charge these Indians.
Mr. T O W N S E N D . Sir. President, m ay I ask tlie Senator from
Oklahoma i f he is quite clea r that the language used there n ec
essarily m akes this a paym ent ou t o f the Indian fu n d ?
Mr. O W E N . T h e language i s :
t°
For expenses incident to and in connection witli collection of rents
° " unallotted lands and tribal buildings, such amount as may be neccssary : Provided, That such expenditures shall not exceed in the aggreSate io per cent of the amount collected.
It is intended b y the departm ent— that is their practice— to
take it ou t o f the rents collected, so as n ot to ch a rge it on the
F ederal T reasu ry, but to charge it against the lauds them selves.
Mr. T O W N S E N D . I subm it that the language used does n ot
S«.Y that. W e a re m aking a ppropriations out o f the F ederal
•Ireasury, unless it is exp licitly stated that the m oney shall
c°m e ou t o f the In dian fund. W e say th at fo r m eeting thosqw
0xPenses an am ount n ot exceeding a certain lim it, w h ich is 1(m
Pef cent, shall he collected.
Mr. O W E N . B u t there is no m on ey a t all appropriated here.
II only provides such an am ount as m ay be necessary ou t o f the
am ount collected. I d o n ot think it cou ld bear any other con
struction than that it should be a p a rt o f the am ount collected,
t t tlie Senator thinks so, how ever, he m ight suggest an am end
ment w hich w ill p e rfe ct it in that respect.
Mr. T O W N S E N D . I w ill do th at later, i f I m ay have perm is
sion.
The P R E S ID E N T pro tem pore.
T h e question is on agreeing
lo ' the a mendment.
The amendment was agreed to.
The reading of the hill was resumed.
The n ext am endm ent o f the Com m ittee on Indian A ffa irs was,
0n Page 43, a fte r line 12, to in se r t:
n; That where any cemetery now exists within the lands of the Five
'-m lized Tribes, said land within said cemetery, together with the land
Adjoining the same, where necessary, not exceeding 20 acres in the agju g a te to any one cemetery, shall be transferred by the Secretary or
fA® Interior to the proper party, association, or corporation, or to the
county commissioners of the State of Oklahoma, for cemetery purposes
p jy,.under such terms, conditions, and regulations as he may prescribe,
i n ;,4ed. That application to purchase the same for such purpose is
aae within G days from the date of the approval of this act.
O
Mr. G A M B L E . M r. President, I m ove to strike ou t the prowso a fte r the w ord “ p r e s c r ib e ” in line 21— lines 21, 22, and 23.
„ T h e P R E S ID E N T pro tem pore. T he am endm ent to the
Amendment w ill be stated.
3883
T he S e c r e t a r y . On page 43, in lin es 21, 22, and 23, it is-p ro
posed to strike out the proviso, w h ich reads as fo llo w s :
Provided, That application to purchase the same for such purpose is
made within 60 days from the date of the approval of this act.
Mr. G A M B L E . A fte r the w ord
p r e s c r ib e ” there should
be a period.
T h e P R E S ID E N T pro tem pore. Certainly.
T h e amendm ent to the amendm ent w as agreed to.
T h e am endm ent as am ended w as agreed to.
Mr. T O W N S E N D . Mr. President, I w ish to offer an am end
m ent to the am endm ent o f the com m ittee, in line 1 0 , page 4 3 ,
a fter the w ord “ n ecessary ” a n d before tbe colon, to insert
“ w hich am ount shall be pa id out o f the tribal fun d.”
T he P R E S ID E N T pro tem pore. W ith ou t ob jection , the v o le
w hereby the am endm ent w as agreed to w ill be reconsidered.
T he Senator from M ichigan offers an amendm ent to the am en d
ment, w hich w ill be stated.
T lie S e c r e t a r y . On page 43, a fter the w ord “ necessary " and
b efore the colon, it is proposed to in sert a com m a and the
fo llo w in g :
Which amount shall be paid out of the tribal fund.
Mr. T O W N SE N D . It has been suggested that that should
com e a fter the w ord “ collected ,” in lin e 1 2 .
T h e P R E S ID E N T pro tem pore. T h e am endm ent to the
am endm ent w ill be stated.
T he S e c r e t a r y . On page 43, line 12, a fte r ih c w ord “ c o l
lected ” and b efore the period, it is proposed to insert a com m a
and the fo llo w in g :
Which amount shall be paid out of tlie tribal fund.
Mr. O W EN . I suggest that i f it w ere w orded “ ou t o f such
tribal fu n d,” it w ould keep it w ith in the regular practice.
M r. TO W N SE N D . V ery w e ll; I accept that change.
T h e amendment, as m odified, to the am endm ent o f the com
m ittee w as agreed to.
The am endm ent as am ended w as agreed to.
T h e reading o f the bill w as resumed.
T h e n ext am endm ent o f the Com m ittee on In dian A ffa irs
was, on page 43, a fter line 23, to in s e r t:
For payment of salaries of employees and other expenses of adver
tisement and sale in connection with the disposition of the unallotted
lands and other tribal property belonging to any of the Five Civilized
Tribes, to be paid from the proceeds of such sales when authorized by
the Secretary of the Interior, as provided by the act approved March
3, 1911, not exceeding $40,000, reimbursable from proceeds of sale.
Mr. G A A fB tR M r ^ P r e s ^ ^ t o ^ L'm ove W'StfflV'P
14, inclusive, on page 44. I t is a du plication in the printin
the bill that has alrea dy been passed upon.
J ’
The P R E S ID E N T pro tem pore.
T he Senator from South
D akota m oves to disagree to the am endm ent on page 4 0 lines 7
to 14, both inclusive.
.rf
Tiie am endm ent w as rejected.
T h e reading o f the b ill w as resumed.
The n ext am endm ent o f the Com m ittee on Imjgffii A ffa irs w as,
on page 45, a fter line 9, to in sert:
— ii* settling land suits in eastern uK iaiium a^ui.uuu, n
from fees which may be imposed‘b y the Secrqptry of the Interior
relation thereto: Provided. That thb>Secretar^*of the Interior be. and
he is hereby, authorized, in his discr^tjpn, talwalidate by approval any
instrument purporting to l>e a deed o f epnrs£\ ance or contract for title
of allotted lands of the Five Civilized TrUas made prior to the removal
of restrictions and before January 1, I'JS'-, in the following cases, to
^ First. When the purchase or contract walr-made in good faith, and
no fraud was practiced, and the Indian allottftrj. was actually paid the
reasonable value of the land.
jF
to. .
, „ .
Second. When the purchase or contract was m » in good faith and
no fraud was practiced, but \$R>n the consideration paid was not
sufficient to cover the reasonabl#value of the land cowgeyed : Provided,
That in this class of cases t h r settlement can only b l e n d e upon the
condition that tlie Sccretaryjff the Interior be paid fops&he benefit of
the allottee a sum sufficien£?to make up the reasonable ffljAue of such
la n d s: Provided further, S h a t the settlement in either
shall he
made upon such terms o$ settlement as the Secretary may <feeui just,
proper, and equitable, ajto under such rules and regulations alfffie raav
prescribe, and upon sjfch settlement suit, if any, instituted
the
request of the Secretary of the Interior, shall be dismissed withou|kpst
to the defendant.
Mi*. LO D G E, f m ake the poin t o f order on that am endm ent
that it is c l e a r s general legislation and con tain s an a pp ropria
tion not esti nutted for.
T he P R E S E N T pro tem pore. T he p oin t o f ord er is sus
tained.
The r e a jfn g o f the b ill w as resum ed.
T b e n « t am endm ent o f the C om m ittee on In dian A ffa irs was,
on pagjplG, a fter line 9, to in s e r t :
T h a /tlie Secretary of the Interior is hereby authorized to permit the
sale & exchange of the restricted laud of anv Indian of any tribe in
•
Oklahoma and invest all or part of the proceeds of anv sale which has
beaft or may be made for the benefit of " said Indian and his heirs or
1o#?ai representatives, the property so secured to be held for the use and
benefit of such Indian, subject to the same conditions, limitations, and
;
3884
C(>XG KESSIONA L RECORD— SENATE.
restrictions as imposed by law upon the original lands sold or exelian'-ed by such Indian or Indians. Title to the land secured hy pur
chase or exchange shall be taken and held in the name of such Indian :
Provided, That the provisions of this act shall apply also to the invest
ment of funds of Indians of the class subject to restriction, but who
have not been allotted lands and have or may hereafter have moneys in
the custody of the United States to their credit.
Mr. K E N Y O N . I m ake the poin t o f ord er that this is general
legislation attached to an app ropriation bill.
T h e P R E S ID E N T pro tem pore. T h e point o f order is sus
tained.
T he reading o f the bill w as resumed.
T he n ext am endm ent o f th e Com m ittee on In dian A ffa irs .was,
at the top o f page 47, to in s e r t:
A
f
That hereafter the Commissioner of Indian Affairs is authorized, in
his discretion, to withhold any annuities or other payments due to Osage
Indian minors, above 0 years of age, whose parents fail, neglect, 01
refuse to place such minors in some established school tor a reasonable
portion of each year and to keep such children m regular attendance
thereof
The Commissioner of Indian Affairs is authorized to make
such rules and regulations as may be necessary to put this provision
into force and effect.
The amendm ent w as agreed to.
T he next amendm ent was, on page 47, a fter line 0, to in se rt:
That tlie Secretary of the Interior is hereby authorized to pay out
of any funds of the Creek, Cherokee, Choctaw, Chickasaw, and Semi
nole Nations on deposit in tlie Treasury of the United States the pro
portionate cost of street paving and construction of sidewalks abut
ting on unsold lots belonging to any of said tribes and as may D
o
properly chargeable against said town lots, said payments to be made
upon submission of proof to said Secretary of the Interior showing
the entire cost of the said street paving and sidewalk construction
and that said improvement was duly authorized and undertaken in
accordance with la w : Provided, That the Secretary of the Interior
shall he satisfied that the charges made are reasonable and that the
lots belonging to the above-mentioned tribes against which the charges
were made have been enhanced in value by said improvements to not
less than the amount of said charges.
T he am endm ent w as agreed to.
T he next am endm ent was, on page 47, a fter line 24, to in s e r t:
That the Secretary of the Interior be, and he is hereby, authorized
to use so much of flic funds of the Muskogee or Creek Tribe or Nation
of Indians now in the custody of the United States or which may
hereafter come into possession of the Government, not otherwise
appropriated, as may he necessary for payment to each enrolled mem
ber of sad tribe or nation who has received an allotment less than.
$800 in value of such sum as will, together with the amount repre
senting the value of said allotment according to the appraisement
thereof hy the Commission to the Five Civilized Tribes for pur
poses of classification and allotment, aggregate $800 in am ount; land
said pavment shall he made hy the Secretary of the Interior .pnder
such rules and regulations as he may prescribe to the persons en
titled thereto or their lawful heirs, and there is hereby appropriated,
out of any moneys in the Treasury not otherwise appropriate# belong
ing to the Creek Tribe of Indians, the sum of $10,000, oi^fso much
thereof as may he necessary, for the purpose of defraying the ex
penses of making the payment herein authorized : Provide#. That tlie
Secretary of the' Interior may, in his discretion, withholdsffhe amount
due any minor until lie shall become of ag e : Provided f u r t h e r . That
money due restricted Indians in lieu of allotments sha l# p e subject to
supervision and disposition as in the case of funds ansing from the
sale of lands allotted to Indians of the same class.
M
p
F ebeuaby 25
25 north, range 24 east, of the Indian meridian. Oklahoma, the home
stead allotment of R. S. Kariho (or Service Kayrahoo), Seneca allottee
No. 53, such removal of restrictions to become effective only and
simultaneously with the execution of a deed by said allottee to the pur
chaser after said land has been sold in compliance with the directions
of the Secretary of the Interior.
y
Mr. C U R T IS . I m ake the poin t o f ord er again st this am end
m ent on the ground that it is general legislation on an a ppro.
priation bill. I know noth ing about The fa cts in this c a s e ; j
w as n ot present w hen the item w as .put in the b i l l ; but I hope
Congress w ill not return to the old .p ra e tice o f rem oving restric
tions in an app ropriation bill.
J
Mr. G A M B L E . 1 do n ot kn ow that I 'c a r e to m ake any com .
m ents in regard to the ob je cjfo n raised b y the Senator from
K ansas. TEliis ease pecu lia rly appealed to the C om m ittee on
In dia n A ffairs. It a p p e a rsifh a t this m an is ill, suffering w ith
tu bercu lar trouble. H is yfflotment is in a loca lity w h ere it is
im possible fo r him to lijie, and i f an exch a n ge co u ld be made
and he cou ld go in to apm ilder clim ate, under th e direction o f
the Secretary o f the In terior, his life m ight be saved. H e seems
to be a v ery intelligent, ca pa b le man. H e w a s in the SpanisliA m erican W ar. H#Tis an edu cated Indian.
Mr. C U R T IS , j w ill ask the ch airm an o f the com m ittee if
the am endm ent is recom m ended by the departm ent?
Mr. G A M B L E . Y e s ; it is recom m ended by th e In te rio r D e
partm ent. T h e am endm ent w as subm itted b y tlie ch airm an o f
the com m ittee at the request o f the departm ent.
-Mr. C U R T IS . In view o f the statem ent o f the chairm an, I
w ill w ith draw tlie point o f order.
T he P R E S ID E N T pro tem pore. T h e poin t o f ord er is w ith
draw n. /
Mr. C U R T IS . B u t I w ish to state that I poin ted out; in 1907
w here Khe restriction had been rem oved in 14 eases, and in 1 3
out o f the 14 the In dia n s h ad been robbed o f th eir rights. I
hop?, as I said a m om ent ago, that C ongress w ill n ot return to
the plan o f rem oving restriction s in an a pp ropria tion bill, i f
this is to lie looked a fte r by the Secretary o f th e In terior, I have
o ob jection to the rem oval o f the restriction in th is on e case.
The am endm ent w a s agreed to.
T h e n ext am endm ent was, on page 49, a fte r lin e 11, to in se rt:
A ll contracts, written or verbal, purporting or intended to authorize
any person or persons, directly or indirectly, to represent the Creek
Nation or any member or members thereof in respect to the payment,
distribution, or any other disposition of money or other property of the
said nation held by or under the supervision of the United States, shall
be absolutely void and incapable of ratification or confirmation unless
the consent of the Secretary of the Interior and approval of Congress
shall have previously been given in writing to the person claiming there
under to negotiate such contract, and unless such contract shall he
approved as required by section 2103 of the Revised Statutes of the
United States, and any person who shall secure or attempt to secure any
such contract without the consent of the Secretary of the Interior, or
demand or attempt to collect or x-eceive any money payment or any other
consideration under any such contract not approved as herein required
shall be guilty of a misdemeanoi-, and upon conviction thereof shall be
punished by fine of not less than $500 or imprisonment for not more
than six months, or by both such fine and imprisonment, at the disci-etion of the court.
Mr. C U R T IS . Mr. President, I m ake a p p o in t o f ord er
against that amendm ent on tlie ground tliat i r i s in violation o f
R u le X V I , paragraph 3, being general legislation. It repeals the
Mr. K E N Y O N . I m ake the p oin t o f o rd er that this am end
act o f M arch 3, 4909. w hich, if the Chair cle&ires, or i f it is con
ment is general legisla tion on an a pp ropria tion bill.
tested, I w ill gla d ly read.
Mr. G O R E . Mr. President, u ndoubtedly the poin t o f order
T h e act referred to provides that
A,
‘
.
, . ' , .
‘ . ,.
, . .
....
,.
T , Jjaised by the Senator from Iow a w ou ld be sustained, but I hone
The Secretary of the Interior is direct*!, immediately after July
i,
q arintnr ™ ui w i i M m n - u
rm ,:a
A ,
“ i e S e n a tO l Will W it h d r a w i l .
I l l i s S im p ly tlllOWS a b o u t these
1,, 1909. and prior to December 1, 1909, to pay allottees out of the
funds of the Creek Nation the amounts severally due for the equaliza In dian t r i b e s a n d a b o u t t h e in divid u a l m e m b e r s o f t h e t r i b e s a
"
1
’’
"
”
■ ..................... ...
tion of their allotment. In making suchrpayment for the equalization protection to w hich th ey a re entitled.
The fa ilu re to enact this
of the Creek allotments $800 shall he fdken as the standard value of
an allotm ent: Provided, That the payment of such funds for the equali legislation at. this tim e w ou ld exp ose them to the w iles o f certain
zation of allotments shall he a fimiljftnd conclusive settlement of all design in g attorneys.
claims for the equalization of allotments in the Creek N ation : And
I think this am endm ent w ould a fford them protection if
provided further, That as a condition precedent to any such payment
I f it should go over until a nother session, per
the Creek National Council shall pass an act, in form approved bv the adopted now .
haps con tracts that m ay be em barrassin g h erea fter m ay be en
Secretary of the Interior, discharging the United States from all claim
and demand on this account.
tered into by these Indians.
T h is am endm ent m erely repeals that act.
I feel sure that the am endm ent is in harm on y w ith the general
M r. G O RE. Mr. President, t think the pending am endm ent is view s entertained by the Senator from Iow a and that it w ould
o b jection ab le on other grounds as w ell, but I should like to ask fu rth er the ob jects w h ich he w ould d esire to accom plish.
the Senator from K ansas w hether as an am endm ent to the
Mr. K E N Y O N . M y pu rpose has been along the lin e o f trying
amendm ent it w ou ld he sa tisfa ctory to him, instead o f saying to p rotect the Indian. I have such great confidence in the
“ enrolled m e m b e rs” Jo say “ agreem ent m e m b e rs ” ? I f this is Senator from O klahom a that 1 accept w h a t he says as to this
passed, it w ill involve the In dians in fu rth er litigation . I ihink am endm ent, and I w ill w ith draw the poin t o f order.
i f w e w ould ch ange 3 hat w ord it w ould not change the existin g
T h e P R E S ID E N T pro tem pore. T h e poin t o f order is w ith
status o f these Indians.
draw n.
Mr. C U R T IS, f l can not agree w ith the Senator. I think
M r. G O RE. I m ove to am end the am endm ent by striking out
any paym ent w ould in volve the G overnm ent and m ight m ake a the w ord s “ Creek N a tio n ” and in sertin g “ any” o f the F ive
lia b ility fo r w hich the G overnm ent is not responsible. I there C ivilized T ribes.”
fo re o b ject to any amendment.
T h e P R E S ID E N T pro tem pore, T h e am endm ent to the
T he P R E S ID E N T pro tem pore. Tlie poin t o f order is sus am endm ent w ill be stated.
tained.
T h e S e c r e t a r y . On page 49, line 14, strike out “ Creek
The n ext am endm ent was, at the top o f page 49, to in s e r t:
N ation ” and insert “ any o f the F iv e C ivilized T rib es.”
That the Secretary of the Interior ho, and he is hereby, authorized to
Tlie am endm ent to the am endm ent w as agreed to.
approve an order for the removal of restrictions upon alienation from
the southwest quarter of the southeast quarter of section 17, township
T he am endm ent as am ended w a s agreed to.
191°>.
L
CONGRESSIONAL RECORD— SENATE.
one that can n ot be clianged by tb e Senate a fter the Senate hasonce m ade it.
Mr. C U R T IS . Mr. President, I m ight state that there is an
other eide to th is case. I do not believe it w orth w hile to go
into the oth er side at this time, how ever. T h is same am endm ent
has been upon tw o different occasion s previously ruled ou t o f
order, once by V ice President Fairbanks, w hose opinion w ill be
fou n d on page 84 o f D ecision s o f P oin ts o f Order, and subse
quently by V ice President Sherman, w hose opinion w ill be fou n d
in the Congressional R ecord'o f January 24, 1911. I m ight
add that later an appeal w as made £o the Senate, and that the
Senate sustained the ru lin g o f tile Chair. A s w as said by
vice President F airban ks—
/'
The Chair i \ o f the opinion th£? in determining the parliamentary
Questi°n w h ic h ls raised, it is impossible for him to go back of the act
Congress of \903 and consider any agreements, awards, or settle
ments which m a j have been %iade prior thereto. The Congress has
spoken upon the Question, afed it is not within the province of the
senate to set aside\nor is ItAvitliin the province of the Chau* to ignore,
lts deliberate, conclusive action. It is provided in the act as follows.
T h at is the a c t w h jfh I read a fe w m om ents ago.
I f the C hair desa&s to hear further, I w ould gladly go into
ITo facts, but it doeii seem to me that on these tw o decisions
‘'lo n e the C hair J ? ju stified in acting.
Mr. M cC U M B p R . life. President, the point I should lik e to
nave the Chaij^MistinguiSh is w hether or not the arbitration o f
the Senate wjrs con clud ed wvhen it voted, under the statem ent
made by th rfeom m ittee, to gran t $ 1 ,200 ,000 — - hether that w as
w
the arbitrajron o r otherw ise. I f that w as the arbitration, then
o f course m e act o f the other E ffuse in cu tting dow n the am ount
to $600,0Qfl w ou ld be an act introducin g another fa c to r into the
nrbitrati£n that w as not con tain ed in the agreem ent.
Mr. C U R T IS . Mr. President, the so-called a w a rd w as placed
in an app ropriation bill, and it cou ld not becom e conclusive or
effective until that b ill becam e a law . I t w ou ld be the la v 7 a s
'vritteu iu th at bill as finally approved. T h at w as the poin t
th a t' w as discussed b y V ice President F airban ks in tb e chair,
and; w hich w as settled b y him in this ease. I say, i f an argu
ment is d esired upon the m erits o f this case, there is another
side to it. and, as w as contended b y the H ouse conferees, if
thojre had been a fu ll h earing it is dou b tfu l w hether anything
vvohld have been a llow ed to those people.
T he P R E S ID E N T pro tem pore. W ill the Senator from K a n
su? k in dly give the C hair the citation show ing the ruling o f
V ice P resident Sherm an?
Mr. C U R T IS . It w ill be fou n d on page 1357 o f (lie R ecord
o f Janu ary 24, 1911.
T h e P R E S ID E N T pro tem pore. W ill the Senator kin dly send
the book to th e d e s | ^ -^ ti* e S en ator need-not. read itMr. ' d T
RTT!*',. j r take pleasure iu sending tb e volum e to the
'P re s id in g Oflicer.
Mr. O W E N . Sir. President, I w ant to ca ll the attention o f
tl'e Senator fro m K ansas to tb e fa c t that w hen that item cam e
before the Senate, although a p a rt o f an appropriation bill, that
item as such w a s presented to the Senate in the nature o f a
Proposed aw ard. T h e Senate, having the legal right to m ake the
aw ard, both H ouses o f Congress and the President having
agreed that the Senate should exercise the a u th ority as a cou rt
o f a rbitration in m a tin g tb e aw ard, the Senate being adm on
ished that its action on that item w as to be an aw ard, and h av
in g m ade it, does the Senator from K ansas propose that i f the
other branch o f this Congress should have struck that item out
Proposing to pay the a w a rd it w ou ld n ot have been an aw ard
at a ll?
/■ M i-. C U R T IS . Mr. President, i f the Senator from O klahom a
asks m e the question, I w ill say that I claim that there never
Was an a w a rd in this case. It w as n ot subm itted to the Senate,
and by the Senate to tb e Com m ittee on Indian A ffa irs as a
board o f arbitration , as w a s done in the loya l Sem inole case.
T h at w a s referred by a separate proposition, acted upon sepa
rately, brought iu separately, and a regular aw a rd made. This
w as subm itted b y tb e referen ce o f a m em orial to tb e Com m ittee
?h In dian A ffa irs, and tlie Com m ittee on Indian A ffairs, in a ct
in g upon it, pla ced it in an Indian appropriation bill. So no
m atter w h a t statem ent w as m ade upon tbe floor o f tbe Senate, or
:'h y oth er place, the a w a rd w as n ot com plete u ntil the bill be
r im e a law , but tb e b ill becam e a law w ith a provision fo r
$300,000 in it, on the con dition that those people should accept
?t in fu ll settlem ent. T h ey did accep t i t ; they gave their receipts
hi f u l l ; and n ow these gentlem en hope to again open up this
Question. I w as one o f the con ferees on the part o f the H ouse
ai'd kn ow the item w ou ld n ot have been left in the bill i f it was
n ut u nderstood th at the In dians w ould accept the am ount in
Hill settlement.
T h e P R E S ID E N T pro tem pore. T h e Chair is prepared to
fu le on the question.
Mr. O W EN . Sir. President, b efore the C h air m akes the ru l
ing, I w ish to a t least subm it a nd record some observations
w ith regard to this claim . These loya l Creeks w ere fa ith fu l to
the G overnm ent du rin g a tim e w h ich tried m en ’s souls. T h ey
stood loyal to the G overnm ent a t the peril o f their ow n lives.
T h eir property w as destroyed by the forces that opposed the
U nited States. They had a treaty pledging to them the sa fety
o f their property. T he U nited States had guaranteed by treaty
to protect th eir property. T h e-U nited States w as unable to dis
charge th at obligation when the w ar cam e on, but, nevertheless,
when th at w a r w as over the U nited States, recognizing its pre
viou s treaty obligations, in 1866 entered into a new treaty w ith
them con tain ing the p rovision in a rticle 4 , as f o llo w s :
Immediately after the ratification of this treaty the United States
agree to ascertain the amount duo the respective soldiers who enlisted
in the Federal Army, loyal refugee Indians and freedmen, in propor
tion to their several losses, and to pay the amount awarded each in
the following manner--------
M r. C U R T IS . M r. President, m ay I ask the Senator a ques
tion ?
T he P R E S ID E N T pro tem pore. D oes the Senator fro m O kla
hom a yield to the Senator from K ansas?
Mr. O W EN . I yield to the Senator from K ansas.
M r. C U R T IS. M ay I ask the Senator w h y he d id n ot read
a ll o f that section and also read the previous section ? A rticle 3
o f the Creek treaty o f 1866 stipulates:
One hundred thousand dollars shall be paid in money and divided to
soldiers that enlisted in the Federal Army and the loyal refugee Indians
and freedmen who were driven from their homes by the rebel forces, to
reimburse them in proportion to their respective losses.
A n d the bust p a rt o f the a rticle read by the Senator sta tes:
In c a j^ the awards so made shall be duly approved, said awards shall
he najm w i n the proceeds of the sale of said lauds within one year
hafn tbgr ratification of this treaty, or so soon as said amount of
Jjm>O,jP0D can be raised from the sale of said land to other Indians.
Tmat is a lim itation placed on the treaty o f I860.
Mr. O W E N . M r. President, no quibble on the language o f
that treaty w ill perm it the G overnm ent to escape its ju s t o b li
gations. T b e officers representing tlxe U nited States w rote the
treaties fo r these Indians, and they put into this language the
declaration that this m oney should be paid to them. I t w as
n ot pa id to th e m ; they have n ever been paid. T h e m atter w a s
a fterw a rd s agreed to be subm itted to tbe Senate o f the U nited
States to m ake an a w a rd ; and it w a s upon th at record that it
cam e to Congress. I ask to in sert in the R ecord the report
upon this m atter h eretofore made, givin g the fa c ts w ith regard
to it, w ith ou t takin g the tim e o f the Seuate to read it.
T h e P R E S ID E N T pro tem pore. W ithou t ob jection , that ord er
w ill be made.
T he report referred to is as fo llo w s :
LOYAL CREEK INDIANS.
The Committee on Indian Affairs, to whom was referred the bill
(S. 2344) to pay the balance due the loyal Creek Indians on the award
made them by the Senate on the 16th day of February, 1903, beg leave
to submit the following report thereon :
By the terms of articles 3 and 4 of a treaty between the United
States and the Creek Nation of Indians concluded June 14, 1866, rati
fied by a resolution of the Senate, with amendments July 19, 1866, which
amendments were agreed to by the Creek Nation July 23, 1866, and
said treaty as amended proclaimed by the President August 11, 1866
(14 Stats., pp. 7 8 5 -7 9 2 ), the Creek Nation ceded and conveyed to the
United States the west half of their entire domain, the east half being
retained as a permanent home for themselves. The land thus conveyed
was estimated to contain over 3,250,000 acres, for which the Govern
ment agreed to pay $795,168, being at the rate of 30 cents per acre.
The treaty provides for the distribution of this sum, and, among other
things, that “ $100,000 shall be paid to soldiers that enlisted in the
Federal Army and the loyal refugee Indians and freedmen who were
driven from their homes by the rebel forces to reimburse them in pro
portion to their respective losses,” etc.
(Art. 3, 14 Stats., p. 7 8 6 .i
The treaty further provides that immediately after the ratification
thereof the United States should ascertain the amount due the respec
tive soldiers who enlisted in the Federal Army, loyal refugee Indians,
and freedmen, in proportion to their.losses, and pay the amount awarded
each ; also that the Indian agent should prepare a roll of such Indians
and freedmen, that the superintendent of Indian affairs for the south
ern superintendency and the Indian agent should investigate and de
termine from such roll the amounts due the respective Indians and
transmit such awards to the Secretary of the Interior for his approval.
Pursuant to the terms of the treaty, Brig. Gen. W . B. Ilazen. super
intendent of Indian affairs for the southern superintendency, and Capt.
F A Field, Indian agent to the Creek Nation, and both Regular Army
officers, were apnolnted July 21, 1869, as commissioners to make up
the roll of said loyal Creek Indians, ascertain their losses and make
the awards due on their respective claims. The report of the commis
sioners was made February 14, 1870, and shows claims presented lu
the amount of $5,090,S08.50, and awards made by them in the
amount of $1,836,830.41. The total award thus made was approved by
the Commissioner of Indian Affairs, and on the 5th day of September,
1870, the Secretary of the Interior approved the same, but only to the
extent of $100,000.
(S. Doc. No. 420, 57th Cong., 1st sess.)
Prior to the date of the qualified approval of the Secretary of the
Interior, however, Congress, in the Indian appropriation act approved
July 15, 1870, had made the following appropriation:
“ For the fulfillment of the provisions of the 3d and 4th articles
of the treaty with the Creek Nation, concluded June 14, 1866, from the
proceeds of sales of lands to the Seminoles, to be applied pro rata on
the several amounts awarded and approved by the Secretary of the
*© 0
?■
■
I
CONGRESSIONAL RECORD— SENATE.
F ebruary
25
Interior, .$100,000, payment to be made to each claimant or to liis or bama Claims, of the Southern Claims Commission, or tho Mexican
her heirs in person.”
( 1 0 ’ Stat., p. 841, 41st Cong., 2d sess.)
Claims Commission, or Spanisli Claims Commission, which have be' !r
0
The appropriation thus made was to apply on account of the awards
called together in pursuance of treaty stipulation or otherwise, to settle
already ascertained and made by Ilazen and Field ; it was not a pay and adjust disputed claims for the purpose of their ultimate payment
ment in full of the claim, and was not so understood at the time either
and satisfaction. When the Senate, the quasi court, passed upon these
by the Indians. Ivy Congress, or by the Government agent who made the
claims they assumed tho nature of an ascertained debt “ for the nU e
p
payment. In fact, the Indians refused to accept tire $100,000 until
pose of ultimate payment and satisfaction.” The rights of the claimT
assured that it was a part payment only of their claim, and that the ants thereby became fixed and determined beyond controversy.
balance would he forthcoming later.
The United States is concluded by the finding of the Senate +],„
“ The accuracy of the findings of Ilazen and Field was never chal quasi court, by the law of good conscience and fair dealing, as ’ «
lenged by the Government. Using them as a "basis, the sum of as by that provision of law sanctioned by a thousand decisions
$100*000 was paid to the claimants. The Indians refused to take any opinions, which is best stated by the United States Supreme Com2
portion of th is latter amount until assured by Gen. Williamson, the in the “A3re ondo ” case in these words :
“ It is a universal principle that when power or jurisdiction is (i0i„
Government agent authorized to make the payments, that the balance
gated to an officer or tribunal over a subject matter, and its exerci«k
would he paid.”
(S. Doc. No. 201, p. 5, 60th Cong., 1st sess.)
Under date of September 27, 1897, the Commission to the Five Civil is confined to his or their discretion, the acts so done are valid' akn
ized Tribes concluded an agreement with the Creek Nation which pro binding as to the subject matter, and the individual rights will not
vided, among other things, that the loyal Creek claim should be sub disturbed collaterally for anything done in the exercise of that dk
(G Pet., 691.)
mitted to the Senate as' a hoard of arbitration, whose finding should cretion within the power and authority conferred.”
The object of the Creek agreement was to invest the Senate,
he final, and that any money found to be due the Creek Nation, or
quasi court, with full power and authority to receive, examine, ami
any individual thereof, should be paid at once. Although this agreement
decide upon the validity and amount of these claims, and the fle
was ratified and confirmed by an act of Congress, approved June - 8 ,
1898, nothing was done by the United States to carry out its terms, cision of the Senate is conclusive and final. If the Senate pronounmi
and under date of March 8, 1900, the Commission to the Five Civilized these claims invalid, or pronounced them valid and ascertained and
t t P ?™ °nnt, the award In the promises is not reexaminablo
.
Tribes concluded another agreement with the Indians, which was rati
The United States and the Indians as well must abide by it as thk
fied by an act of Congress, approved March 1, 1901.
( 3 l Stats., pp.
decree of a competent tribunal of exclusive jurisdiction. I f the claim
8 6 1 -8 73 , 56th Cong., 2d sess.)
With reference to tho loyal Creek claim, section 2G of the latter of these Indians had been rejected by the Senate it would have boon
agreement provides, and its terms are almost identical with those of equally as binding, and could not again have been brought under
review without further legislation.
(See Comegys v. Yasse, 1 Pet^
the prior agreement, that—
“ All claims of whatsoever nature, including the ‘ loyal Creek claim,’
Arbitrators exhaust their power when they make a final determina
under article 4 of the treaty of 1866, etc., shall be submitted to the
They have no power after
Senate of the United States for determination ; and within two years tion on the matters submitted to them.
from the ratification of this agreement the Senate shall make final having made an award to alter i t ; the authority conferred on them
(Payne v. Morris, 1 W all.. 07.)
determination thereof; and in the event that any sums are awarded is then at an end.
Ii the award be within the submission and contains the honest de
the said tribe, or any citizen thereof, provision shall he made for
cision of the arbitrators after a full and fair hearing it will not he
immediate payment of the same.
“ Of these claims the ‘ loyal Creek claim,’ for what they suffered ” 4 4 £
)SlSe f ° r crror eitker ln law or la ct.
(Burchell v. Marsh, 17 llow.,
because of their loyalty to the United States Government during the
/T £ n award can be set aside only for a plain mistake of law or fact
T
Civil W ar, long delayed, urgent in its character that the parties to
(William s v. raschel, 4 Dali., 284.)
^
this agreement express the hope that it may receive consideration and
In the construction of an award, no intendment shall he indulged
be determined at the earliest practicable moment.”
(31 Stats., sec. 26,
to overturn It, but every intendment shall be allowed to uphold it
p. 869.)
(Kaethans v. Ferrer. 1 Pet., 2 2 2 ; Burchell v. Marsh, 17 How.. 8-14 )*
Early in the first session of the Fifty-seventh Congress a memorial
Where arbitrators keep within the terms of the reference and there
praying the Senate to act in conformity with section .26 of the agree
ment of March 8, 1900, was presented to the Senate and was duly is no fraud, mistake, misconduct, unduo inllucnee. or corruption the
referred to the Committee on Indian Affairs for investigation.
The award is conclusive on the parties, since it is a tribunal of their own
(Denny v. Brown. Fed. Case No. 8, 8 0 5 ; W olf v. Sheldon
committee examined the treaties and records, heard testimony, argu choosing.
; Peachy v. Ritchie, 4 Cal., 2 0 5 ; Van Winkle v. Bcck’
ments were made and briefs were submitted by counsel, and finally
3
1 8 8 ; Ross v. W att, 16 111., 9 9 ; Kimball v. Walker, 80 111., 4 8 ° ’
the committee reported (S. Kept. No. 8088, 57th Cong., 2d sess.) its
Graft v. Friedlander, 33 La. Ann., 1 8 8 ; Newburyport Ins. Co. v. Oliver’
findings to tho Senate as an amendment to the Indian appropriation
O A lu S S ., 4 U - . )
act, which reads as follows :
An arbitration which appears regular and unimpeachcd by facts
“ (27) In pursuance of the provisions of section 26 of an act to
ratify and confirm an agreement with the Muskogee or Creek Tribe or denials is the very highest authority. The question in controversy
is as fully determined and the rights of the parties as fully settled
of Indians, and for other purposes, approved March 1, 1901, there is
hereby awarded, as a final determination thereof, on the so-called as could be by their own agreement or by the judgment of a court
(Harrie v. Ilains, 37 Ark., 349.)
‘ loyal Creek claim s’ named in said section 26, the sum of $1,200,000,
The award of arbitrators under a statute is conclusive against the
and the same is hereby appropriated out of any money in the Treasury
parties to the submission.
(Taylor v. Scott, 26 Mo. App., 249.)
not otherwise appropriated, and made immediately available.
Ana
These aro well settled principles of law and can not be gainsaid or
the Secretary of the Treasury is hereby authorized to pay, under the
controverted. In the present case power and jurisdiction were con
direction of the Secretary of the interior, to the loyal Creek Indians and
the freedmen named in articles 3 and 4 of the treaty with the Creek Na ferred upon the Senate, a quasi court, which, acting wholly within
tion of Indians of June 14, 1866, the said sum of $1,200,000, to be paid the power and jurisdiction conferred by the agreement, made its award,
such Indians and freedmen only whose names appear in the list of and no legal power can alter or change the validity and binding force
awards made In their behalf by W . B. Ilazen and F. A. Field, as com and effect of that decision and award.
missioners on behalf of the United States to ascertain the losses of
ACCORD AND SATISFACTION--- RECEIPT IN FELL.
said Indians and freedmen ns provided in said articles 3 and 4 ; and
The act of Congress (32 Stat., 995) providing that the Indians should
such payments shall be made in proportion of the awards as set out
in said list, and shall he in full settlement and satisfaction of all accept the $600,000 as full satisfaction of all claim and demand "row
claims under said articles 3 and 4, etc.”
(Passed by the Senate Feb.
saJd lQyal Creek claims, and execute a full release to the
United Spates, is without consideration and void.
16, 1903.)
There is no principle of the common law better established and more
A full discussion of this item was had in the Senate when the Indian
appropriation bill was submitted for passage, and was finally passed generally recognized than that a payment, which is in accordance with
the contract (award) after Its maturity, of a part of a liquidated and
without a dissenting voice.
( C o n g r e s sio n a l R ecord , vol. 86, pt. 3,
ascertained debt is no satisfaction of the whole indebtedness, and tha“
2d sess.. pp. 2252, .2253, and 2254.)
The House of Representatives disagreed generally to the amendments a receipt in full given upon such part payment is a nudum pactum as
(Chittv’s Cnn
of the Senate to the appropriation bill, and the measure went to confer to the unpaid balance and not binding upon the maker.
ence. When the conferees made their final report the item carrying 2 Perkins Ed., 821, title paym ent; 2 Parson’s Con., 4th ed., 129 • B est’
the award to the loyal Creeks was reduced from $1,200,000, found due wick v. The United States, 94 U. S., 5 3 ; 12 Court of Claims. 6 7 - iV
’
’ 15
by the Senate award, to $600,000, and provided that the Indians should Court of Claims, 303.)
To make a receipt of a part of a debt a discharge of the whole
accept the same as full settlement and satisfaction of their claim. The
there must be a new consideration or a voluntary compromise of n
act carrying the appropriation for $600,000 was approved March 3 ,1 9 0 3
disreputable and disputed demand, by which each party yields som ^
(13 Stats., 9 9 5 ), and that sum accordingly was paid to the Indians,
thing, or an accord and satisfaction by which a new contract is suh
Who accepted the same under the terms of the act.
(15 Court of Claims 297 )
The fact that the House (conferees) refused to make appropriation stituted, or a submission to arbitration.
Thousands of decisions by the various National and S ta te ’ conris on
to pay the award of the Senate is not material, nor.does the fact that
the Senate, after making the award and tho vesting of the rights of the subject might be referred to. There has never been a contrary
decision by any court before which the question was submitted
3
the Indians thereunder, agreed to an appropriation of half the amount,
A s stated by Senator Quarles, who was a member ol’ the" Indinn
vary the force and effect of its finding. The award was fixed by its
Committee when the case was before the Senate:
vote and was not subject to a review. It was a matter entirely beyond
“ The determination of the Senate upon this proposition will amountthe jurisdiction of the House— except as to appropriate the amount of
the award of the Senate— and the award would still stand had no ap to an award upon which an action will lie, quite independently of the
(See hn ‘>259
propriation been made. The Senate never again sat as a board of arbi fate of this provision in the other House of Congress.”
2253, and 2254 of the R ecord , vol. 36, pt. 3, 57th Cong., 2d sess )
*”
trators, as a quasi court, but had it done so any action taken would
Therefore the receipt by the loyal Creek Indians of the $600 000 in
not have been binding upon the Indians, because their rights became
unalterably fixed, determined, and vested immediately upon the Senate full for the amount awarded by the Senate is a mere nudum Dactnm
making its award. As stated by the United States ‘ Supreme Court in and of no legal binding force whatever.
Again, the relation of the Government toward these Indians is tin t
the case of Comegys v. Yasse, above referred to, “ the award in the
of guardian toward its ward. By every principle of fairness and
premises is not reexaminnble.”
It is submitted that to compel these helpless Indians, wards of the justice, as well as by the universal requirements o f the law ‘the
.o- -efd
United States, who were soldiers in the Union Army, to accept in full guardian is prohibited :from coercing his ward into executing any n 1
settlement of their claim a sum of money less than one-third of the ment or receipt which will be detrimental to the interests of the ward
In insisting, therefore, upon the binding effect of a receipt exacted
value of their property lost aud destroyed as ascertained by a commis
sion appointed in compliance with the solemn terms of a treaty, is an from the ward by the stress of his conditions, the Government is d p i petrating a wrong prohibited by the law of every State and civilized
unconscionable wrong and a reproach to the Government.
country, and shocking to every moral sentiment.
BINDING FOBCD AND LEGAL, EFFECT OF THE SENATE AWARD.
There is another reason that, we think, ought forever to nrevent
The United States Supreme Court, in the case of W right v. Tibbitts the Government of the United States, when acting in the capacity of
191 U. S., 2 5 2 ) , held that a commission appointed under the Choctaw a contracting party with an Indian tribe, from assuming, for an instant
and Chickasaw treaty of 1866, for a purpose involving the same prin such an attitude as it has in this case.
These loyal Creeks thouirh
ciples that are contained in the Creek agreement submitting to the owing no allegiance to the Government, were soldiers in its Annv
Senate the claim of the loyal Creek Indians (31 Stat., 8 6 9 ), was a They had sustained losses for which the Government was clearly re
quasi court. It was in no material respect, for all the purposes of sponsible. Under the provisions of a treaty solemnly entered into these
this controversy, different from the Court of Commissioners of Ala losses were ascertained and reported to the Government for payment.
1913
CONGRESSIONAL RECORD— SENATE.
ii’ es tnVl i D
o«?>n^ actin« for itself alone, proceeded to reduce these findv-GoOO.OOO. This amount was not paid and the case was, by
arhi+i-of treat- - submitted to the United States Senate as a board of
v
in," in (i0rs' Here they suffered another reduction, and the Senate, acttn i . J r c a p a c i t y as a board of arbitrators, found the amount due
a - . , 6 •!'t>-0 0 ,0 0 0 . After they had adjourned as a board of arbitrators
the award of $1,200,000 became fixed and final, the Senate placed
?1*200,000 as an item in the Indian appropriation bill and
fTmic 1 *i501 t,lat amount- Afterwards, in conference between the two
the Iessel’ amount was appropriated.
xtA , 'Worcester v. Georgia (G I’et., 582) it was said by Mr. Justice
la his concurring opinion :
fnn f . e language used in treaties with the Indians should never be
contii iUet‘ / ° their prejudice. If words be made use of which are susnef-rlu
a n!°re extended meaning than their plain import as connnii • with the tenor of the treaty, they should be considered as used
. ‘ x J tlle tatter sense. * * * How the words of the treaty were
n.
j ? 0<1 hy this unlettered people, rather than their critical meaning,
Th-a f,orm the rule o f construction.”
in ;,n!s beneficent rule of construction lias been applied by the court
n ,V » « » $ e r of cases, as in the United States v. Kagma (118 U. S.,
* ' ,r S } ‘ > 1 1 which the court sa y s:
1
these Indian tribes are the wards of the Nation. Tliey are comdsii ies dePen<lent on the United States; dependent largely for their
to re f°od ; dependent for their political rights. They owe no allegiance
lo„ ,
states, and receive from them no protection.
Because of the
thoi * Vi
dig, the people of the States where they are found are often
so
.deadliest enemies.
From their very weakness and helplessness,
them® A? d,le to the course of dealing of the Federal Government with
diHv aScl the treaties in which it had been promised, there arises the
1-eJvb- . Protection, and with it the power. This has always been
ot-Q?f’?iIzed by the Executive and by Congress, and by this court whenthe question has arisen.”
Afr
.,-.le loyal Creeks’ claim was considered by the Committee on Indian
S “ lrs_ « t the Senate, and in its report of .tanuary 30. 1907 (S. Kept.
UW| odth Cong., 2d sess.), said committee stated as follow s:
LOYAL CREEK CLAIM.
.V .'
ii
ItlOl Congress enacted into the statute an agreement made by
. . 0 Hawes Commission with the loyal Creek Indians whereby their claim
tias to be ‘ submitted to the Senate of tile United States for determina
tion, the Senate acting as a court of arbitration. The act provided
tt.iat whatever sum was awarded ‘ provision shall be made for irnmeuiate payment of the same.’ (31 Stat. L., 869, sec. 20.)
In pursuance of that act the claim of the loyal Creeks was duly
submitted to the Senate and sent to the Committee on Indian Affairs
for investigation. The committee examined treaties and records, heard
testimony from the claimants, both oral and hy depositions ; heard couns<9, who submitted briefs : and finally reported its findings to the Sen
ate as an item on the Indian appropriation bill, which read as follows :
“ ‘ In pursuance of the provisions of section 26 of an act to ratify and
confirm an agreement with the Muscogee or Creek Tribe of Indians, and
tor other purposes, approved March 1, 1901, there is hereby awarded, as
a final determination thereof, on the so-called “ loval Creek claims,”
named in said section 26. the sum of $1,200,000. and'the same is hereby
tnisUi'j*
luzk^.k/y jmrmrrmm lu p s y , B u 3S r tilt; UU'CCUUU ui. t iic 0*1^1. cot the Interior, to the loyal Creek Indians and freedmen named in
^.Hcles 3 and 4 of the treaty with the Creek Nation of Indians of June
fi
J'3bG> the said sum of $1,200,000, to he paid to such Indians and
treedmen only whose names appear on the list of awards made in their
eehalf by W . B. Hazen and F. A. Field, as commissioners on behalf of
tuo United States to ascertain the losses of said Indians and freedmen,
? s Provided in said articles 3 and 4 ; and such payments shall be made
in proportion of the awards as set out in said lists and shall be in full
settlement and satisfaction of all claims under said articles 3 and 4 :
i fovided, however, That if any of said loyal Creek Indians or freedmen
whose names are on said list of awards shall have died, then the amount
n r.amounts due such deceased person or persons, respectively, shall be
Paul to their heirs or legal representatives: And provided further, That
Hje Secretary of the Treasury be, and he is hereby, authorized and
directed to first withhold from 'the amount herein appropriated and pay
in S. W . Peel, of Bentonville. Ark., the attorney of said loyal Creeks
and freedmen, a sum equal to 10 per cent of the amount herein appro
priated, us provided by written contracts between the said S. W. Peel
and the claimants herein, the same to be payment in full for all legal
jin °*ber services rendered by him or those employed by him. and for
a d .disbursements and other expenditures had by him in behalf of said
i-la unants in pursuance of said contract. And, further, said Secretary
i* authorized and directed to pay. to David M. Hodge, a Creek Indian,
'i Tulsa, In the Creek Nation, a sum equal to 5 per cent of the amount
nerein appropriated, which payment shall he in full for all claims of
vY&ry kind made hy said David M. Ilodge. or by those claiming under
"UP. by reason of any engagement, agreement, or understanding had
Between him and said loyal Creek Indians.’
(Cong. Rec., voL 36, pt.
“ > o jth Cong., 2d sess., p. 252.)
‘A discussion followed, in which the attention of the Senate was spe
cifically called to the fact that by the adoption of that item the Senate
aPnounced its award under the law. In the language of Senator
Hilaries, who was a member of the Committee on Indian Affairs and
" ^ o p p o s e d to the award :
,
The determination of the Senate upon this proposition will amount
i ° an award upon which an action will lie. quite independently of the
■fate of this provision in the other House of Congress.’
In a word, the Senate was fully apprised of the whole matter, and
J
)acn passed the item without any dissenting votes.
(See pp. 2252,
«nd 2254 of the Record above cited.)
o ‘ The House disagreed generally to the amendment made by the
innate to the Indian bill, and the measure went to conference. When
conferees made their final report the item carrying the award had
JJ P modified hy reducing the amount found by the Senate from
Po
•M,200,000 to $600,000, and provided that the Indians should accept the
?arQe as full satisfaction of all claim and demand growing out or said
oyal Creek claims, and that the payment should be a full release of the
Government.
(3 2 Stat. L., 995.)
_
The money thus appropriated, being only one-half of the amount
AVpeeled, was accordingly paid to the Indians. But in spite of the fact
J r 1 they accepted, under compulsion, that amount under the terms
},
ill
ac^ rather than lose all payment for tlieii- losses, yet they feel
the amount awarded them under the conditions of a solemn agreen
between themselves and the Government has been only one-half
mil iiar,d they are now entitled to the balance. They respectfully sub1 the following reasons for their present claim.
3889
“ I. The losses they sustained were the direct result of their loyalty
to the Government. For this loyalty they were not only driven from
their homes, but many of them— men, women, and children— in their
flight from the Indian Territory to Kansas during the winter of
1 8 6 1 -6 2 , lost their lives hy attacks made upon them by other Indians
and hy organized whites, and all of them suffered imtohl hardships.
More than 1,500 of the men entered the Union Army. The Commis
sioner of Indian Affairs in his report for the year 1865 says :
“ * The Creeks were nearly divided in sentiment at the opening of the
war. about 6,500 having gone with the rebellion, while the remainder,
under the lead of the brave old chief. Opothleyoholo, resisted all temp
tations of the rebel agents and of leading men, like John Ross, among
the Indians, and fought their way out of the country northward, in the
winter, tracked hy their bloody feet upon the frozen ground. They lost
everything— houses, homes, stock—
-everything they possessed. Many
joined the United States Arm y.’ (Commissioner's Report, 1865, p. 39.)
“ II. The Government promised them that they should he reimbursed
for their losses. During the negotiations with the Five Civilized Tribes,
preceding the reconstruction treaty of 1865, the commissioners on the
part of the United States assured the Indians, loyal and disloyal, that
* those who have been loyal, although their nation may have gone over
to the enemy, will be liberally provided for and dealt with.’ Again the
Indians were assured that above all other considerations it was the
determination of the Government ‘ to recognize in a signal manner the
loyalty of those who had fought upon the side of the Government and
endured great sufferings on its behalf.’
(Commissioner's Report, 1865,
pp. 34 and 299.)
“ And article 4 of the treaty of 1866 (14 Stat. L., 7S7) undertook
to ascertain their losses and see that the same were paid. This ascer
tainment was subsequently made by two officers of the Army, Gen.
W. B. Ilazen and Capt. F. A. Field. The Indians filed claims with this
commission amounting in the aggregate to $5,090,808.50. The two
commissioners, in keeping with their military training, insisted on
having every item proven by witnesses presented before them. The im
poverished Indians, scattered over a territory twice as large as the
State of Massachusetts, without property— not even a pony left them— and with many of their witnesses dead or left back in Kansas, could
only comply in part. But they did prove the loss, before this exact
and exacting court, of property found to be worth $1,836,830.41. This
amount was awarded hy Gen. Hazen and Capt. Field and approved by
the Commissioner of Indian Affairs, and a qualified approval affixed by
the Secretary of the Interior.
“ III. The accuracy of the findings of Ilazen and Field was never
challenged by the Government. Using them as a basis, the sum of
$100,000 was paid to the claimants. The Indians refused to take any
portion of this latter amount until assured by Gen. Williamson, the
Government agent authorized to make the payments, that the balance
would be paid. Thus, when the matter come before the Senate as
arbitrator, the Indians claimed the full amount of their losses as found
($ 1 ,8 36,830.41), less the $100,000 which had been paid, making $1,730,830.41. They also claimed interest for the 36 years that the claims
had remained unpaid. This based upon the fact that the Government
usually paid interest on Indian funds.
“ The Indian Committee representing the Senate in making the inves
tigation determined, upon some theory unknown to the claimants, to
reduce the amount to $1,200,000. The loyal Indians of the Choctaws
and Chickasaws had been paid the full amount of their losses as found,
and their claims had not been cut by the commissioners who passed
upon them.
“ The claims o f the loyal Soininoles were submitted to the arbitra
tion of the Senate by the same act that provided for the submission
of the loyal Creek claims. The Senate reduced by 45 per cent the
amount which the commissioners had allowed for losses, and then added
interest at the rate of 5 per cent for some 33 years. The reduction of
the principal was based on the fact that the Indians had been allowed
all they claimed. But the reduced principal and the interest brought
the award to $186,000, while the original allowance was $213,888.95.
“ The Choctaws and Chickasaws were thus paid the full amount of
losses as they claimed them, and paid promptly after the date of the
reconstruction treaty; and the Seminoles were generously dealt with by
the Senate, a large amount of interest having been added to their
claim. Yet when the Senate came to deal with the loyal Cx-eek claims,
which had been already cut by Commissioners Ilazen and Field about
62 per cent, it further reduced the principal something more than 33
per cent (from $1,836,830.41 to $ 1 ,2 00,000), and refused to allow any
interest. The claimants would have been glad to have accepted this
award and been allowed, after the 30 years of waiting, to go in peace.
“ IV. A fourth reason why the balance of the award should now be
paid is the fact that the Indians submitted the whole matter to the
Senate, trusting with the simplicity of children in its honor and justice.
They were heard, the award was announced, and they returned to their
homes with the feeling of perfect security that at least that much was
safe and the $1,200,000 would he paid them and the long controversy
ended.
“ They had no knowledge of what was transpiring in the conference
room. They were neither nolilied nor heard, yet provision was made
for paying only one-lialf of their judgment, and conditioned that they
should' deceive' this as pavmcnt in full. The award between private
parties would have been final and binding.
(AVriglit v. Tebbitts, 1 Otto,
252.)
“ V. Congress in its legislative capacity could not legally alter the
award. The Senate, in pursuance of an agreement and a law, was the
sole arbitrator. It formally announced its award. It never again
opened (he case. It never again sat as an arbitration board. Its sole
connection with the matter thereafter was as a branch of Congress in
its political capacity. Its function as a court was termiuated. The
question of finding what was due these loyal Creeks, who, in the lan
guage of the act providing for the arbitration, ‘ had suffered because
of their loyalty to the United States Government during the Civil W ar,’
was fully closed.
“ VI. To coerce the Indians to sign receipts in full for a part of their
award and refuse to pay the balance would, if done by an individual,
be immoral. These untutored wards of the Nation who have been
trained for generations to depend upon agents and other officers of the
Government in all business transactions and to do whatever they are
told to do are presented with a sum of mouev and receipt and told
to sign the latter in order to secure the payment. AVill such a receipt
be held as a bar against the individual Indian? Is there not such a
sense of injustice growing from the facts of this case as will compel
the payment of the whole award? The Indians depend more upon such
considerations than upon legal rights, which might be asserted as to the
frailty- of receipts in general as evidence of payment, and especially as
to receipts procured by coercion or duress.
3890
CONGRESSIONAL RECORD— SENATE.
“ V II. There must be no misunderstanding as to who these claimants
are. They are simply and solely individual Indians. Their names, the
property lost, and the amount due each for his particular loss, are all
set out in the findings of Commissioners Hazen and Field. The Creek
Tribe has no jurisdiction over the matter. On these claims the United
States owed nothing to the tribe, and the latter never had any legal
relation to them. The relinquishment of the tribe in its capacity as an
organization can not have and should not have any effect on the pend
ing claims.”
<
The statement of the principles here enunciated has been held by our
courts whenever a case has been brought to their attention. The gross
inadequacy of the payment made to these loyal Creeks must be apparent
to everyone.
For these reasons your committee recommend the passage of this bill.
Mr. O W E N . T h ere w as aw arded the sum o f $1,830,000. In
poin t o f fa c t the Creeks lost property am ounting to about
$5,000,000. M any o f them w ere very ign orant people. They did
not know* how to m ake up their claim s and did not properly
present them, in m any cases they had inadequate evidence, so
that the total claim , am ounting to a very large sum, w as finally
cu t dow n to $1,S36,OCO, all th at these ign orant people cou ld
actu a lly prove that they w ere entitled to receive.
Mr. M cC U M B E R . Mr. President—
T he P R E S ID E N T pro tem pore. D oes the Senator from O kla
homa yield to the Senator from N orth D a k ota ?
Mr. O W E N I yield to the Senator.
Mr. M cC U M B E R . W hen Congress itse lf m ade a subsequent
agreem ent that it w ould pay these In dians w hatever a com m is
sion should find w as their due and a fterw a rd s provided through
an act o f Congress th at there should be subm itted to the Senate
o f the United States fo r determ ination the question o f w hat w as
due, does not the latter agreem ent take preceden ce over any
question o f prior con stru ction ?
Mr. O W EN . It absolutely cu res any d efect th at m ight be
pleaded by virtue o f the bare technical language o f the previous
treaty.
Mr. M cC U M B E R , T h is claim is under the b a sis o f the a ct
o f Congress, w hich said that it should be subm itted and w e
should pay w hatever the Senate should aw ard.
Mr. O W EN . A n d when the U nited States desired to buy the
lands o f these people a t a later tim e Congress agreed in the
Th irty-first Statutes, page 862, section 26, in the a ct entitled
“ A n act to ra tify and confirm an agreem ent w ith the M uscogee
or Creek T rib e o f Indians, and fo r oth er purposes,” that the
Senate should act as an a rbitration cou rt to ascertain these
losses, and when ascertain ed it provided fo r their im m ediate
paym ent.
T h e Senator from K ansas can n ot deny th a t that is the
language o f that statute. I t is provided there in the T h irtyfirst Statutes, page S62, section 26, that the U nited States
agrees to ascertain these losses, and that th e Senate o f the
United States shall act as an arb itration cou rt to ascertain
w hat the losses are, and then, w hen ascertained, to p rovid e fo r
their im m ediate paym ent.
T he m atter w ent in du e cou rse to the Com m ittee on In dian
A ffa irs to m ake a report back to the Senate o f the U nited
States as to w hat w ou ld be a proper cou rse to pursue fo r the
Senate actin g as an a rbitration cou rt under this Creek agree
ment o f 1902, and then the report w as made. I ask the atten
tion o f Senators to this language. H ere is the report m ade to
the Sen ate:
In pursuance of the provisions of section 26 of an act to ratify and
confirm an agreement with the Muscogee or Creek Tribe of Indians,
and for other purposes, approved March 1, 1901, there is hereby
awarded—
T h ere is hereby aw arded.
Senators to that—
I call the special attention o f
there is hereby awarded as a final determination thereof on the socalled loyal Creek claims the sum of $1,200,000.
A n d the Senate o f the U nited States, takin g up that language
and con siderin g it ca refu lly , h aving th eir attention called to the
fu ll significance o f it, that th ey w ere in pursuance o f an a ct o f
Congress and in pursuance o f the Creek agreem ent o f 1901, by
w hich the U nited States had bought th eir w estern lands,
which w ere turned into an em pire o f w ealth — the U nited States
by act o f Congress, the Senate, the H ouse o f R epresentatives,
and the President, agreed that this ch aracter o f settlem ent
should be m a d e; th at the Senate, actin g as a cou rt o f a rb itra
tion, should make a final aw ard, not an aw a rd su b ject to be set
aside by the act o f con ferees from another H ouse, and no escape
is possible to the Senate o f the U nited States. W e pledged our
honor in this body to the Creek people to pay them this money,
and w e have no m oral right and w e have no legal right to es
cape the ju st fo rce o f this obligation, w hich w as volu n ta rily
entered into a fter great prelim inaries.
T he act o f 1901 w aited a good w hile b efore the m atter cam e
before the Sen ate; and when finally it d id com e b efore the
Senate there is no possibility that the Senate did not u n d er
stand it.
quivoca l—
That
T he
there
is
*F ebruary 25
language itse lf is
hereby
awarded
as
p erfectly
a
final
plain
and
determination
une
thereof
$1,200,000.
A n d Senator Quarles, w ho w as then upon the floor, and a
m em ber o f the In dian Com m ittee, said to the Senate— and r
quote his'*exact language fro m the C o n g r e s s io n a l R ecord , vol
ume 36, page 2252:
That the determination of the Senate upon this proposition win
amount to an award from which an action will lie quite independent
of the fate of this provision in the other House of Congress.
7
T h e Senator from K an sas says that because the con ferees
o f the H ouse o f R epresen tatives refu sed to recogn ize the aw ard
m ade b y the Senate, th erefore it is not an a w a rd a t all. The
Senate ch arged by a plain a ct o f Congress w ith the respon sibility
o f m aking the aw ard, does m ake the a w a rd in term s beyond
the possib ility o f m isconception or m isin terpretation , saying
that, as an a w a rd the m atter is finally determ ined b y paying
$ 1 , 200 ,000 , and the con ferees o f another body, three gentlemen
say that they w ill n ot agree to pa y the a w a rd o f the Senate
unless it is cu t in h a lf and a p roviso m ade th at those people
shall take that or they shall never have another dollar. The
poor Creeks, yield in g to th at hard necessity, receive the h a lf
lo a f under protest, and then com e back and say to the Senate
o f the U nited S t a te s : “ Gentlem en o f the Senate, honorable
Senators, we subm it ou r fate to you r hands. W ith fu ll k n ow l
edge o f the facts, you aw arded us a small p a rt o f w hat our
losses w e r e ” — —
T h e P R E S ID E N T pro tem pore. T h e C hair w ill venture to
subm it to the Senator from O klahom a th a t the C hair has been
p retty th orou gh ly enlightened on this question.
T he Chair
has read very ca refu lly the b rie f from w h ich the Senator lias
quoted, and the C h air is prepared to rule, i f the Senator w ill
perm it the Chair to do so.
Mr. O W EN . I th ank the C hair fo r h is genial adm onition.
T h e P R E S ID E N T pro tem pore. T h is am endm ent has been
b efore the Senate on quite a num ber o f occasions.
M r. O W E N . Mr. President, do I u nderstand th at the Sena
tor from O klahom a is being taken off the floor in the m iddle
o f his rem arks b y the C h air?
T h e P R E S ID E N T pro tem pore. I t is in the com peten cy o f
the Chair to ru le on points o f ord er w ith ou t h earing fro m Sena
tors, or the Chair can, in his discretion , perm it Senators to be
heard. W h ile the C hair is ready to rule, the Senator from
O klahom a w ill be h eard fu rth er, i f he so desires.
M r. O W E N . T h e Senator from O klahom a w as in the m idst
o f a discussion o f the basis o f this case, w hich bears d irectly
upon a proper ru ling b y the P resid en t o f the Senate. H e w as
poin tin g out that this paym ent is in pu rsuan ce o f e xistin g la w ;
th at the am endm ent is in pu rsuan ce o f an a w a rd and a ju d g
m en t; that it is relevan t under the rules o f the Senate, n ot
w ith stan din g the erron eous a ction o f a previou s P resid ent o f
the Senate, fo llo w in g an error first m ade fo u r yea rs ago.
H ere is a treaty pledgin g these people the p a y m e n t; here is an
a ct o f Congress, the Creek agreem ent o f 1901, declarin g that the
Senate shall be a cou rt o f a rb itr a tio n ; h ere is the a w a rd o f the
Senate, as a cou rt o f arbitration , proposin g to pa y these people
$ 1 ,200 ,0 0 0 ; h ere is a com m ittee rep ort fro m one o f the stand
ing com m ittees o f this b od y rep ortin g this proposed paym ent in
pursuance o f that a w a rd o f the Senate, and in pursuance o f
the law as it exists.
I w anted to put upon the record a statem ent o f th is case,
in ju s tice to these p oor people, w h o have w a ited since 1866, a
lifetim e. T h ey are n early all dead now , an d the G overnm ent
has n ever paid its ju s t ob liga tion s to them. T h e Senate o f
the U nited States is now asked to repudiate its solem n a w ard
to these people. It m ay be done, but it w ill n ot be done w ith
m y consent, nor w ith m y approval. I w ish to put that state
m ent into the record.
The. P R E S ID E N T pro tem pore. The. ChiLli-..w a s about to re
m ark that this question has beenM icro re the Senate several
tim es du rin g the service o f the present occu pa n t o f the chair
in this body,' and has been discu ssed at grea t length.
T h ere are tw o decisions that the Chair has very ca re fu lly con
sidered, the first h aving been m ade by V ice P resident Fairban ks
on the 20th o f F ebru ary, 1^09. T h e C hair w ill take the liberty
o f readin g that in fu ll. Tb.dM^oNGRESsioNAL R ecord show s that
on th a t occa sion Mr. C u r t i s * raised the question o f order,
nam ely, th at th e am endm ent, a ? ^ m ended, proposed general*
legislation to an a pp ropria tion bill, atoi^^was th ere fo re not in
order. A fte r debate, by unanim ous co n s e n ^ ^ H . L odge raised a
fu rth er question o f order, nam ely, th at th en !i«igndm en t, as
am ended, w a s—
a provision for a private claim, which can only he received to agefihrai
appropriation hill when it carries out the provisions of an existing law ‘
1913.
CONGRESSIONAL RECORD— SENATE.
3890
w hich the ch arge is to be m a d e ; and so it w ill be necessary to
T h e P R E S ID E N T pro tem pore. T he proposed am endm ent to
strike out “ seventy ” in line 20 and insert “ thirty-eight.”
the am endm ent w ill he stated.
M r. JO N E S. T h ere w ill be no issue a t all between m y col
T h e S ecretaby . On page 60, line 13, it is proposed to strik e
league and m y self upon that. T h e only trouble w e are goin g ou t “ th ir t y -tw o ” and insert “ s ix t y -fo u r ” ; in line 20 it is p ro
to have is w ith the Senator from M assachusetts.
posed to strike ou t “ seventy ” and insert “ thirty-eight ” ; in
Mr. P O IN D E X T E R . I do not anticipate any trouble w ith line 22. a fter the w ord “ th at,” it is proposed to insert “ p ortion
, mi' A n oth er proposition in this adjustm ent w h ich I think o f said w aters ” ; in line 23, a fter the w ord “ w h ich ,” it is p r o
rve are goin g to agree on is to.strik e out tlie w ords “ said lands,” posed to insert “ proportionate ” ; in the sam e line, a fte r the
f i / ' 23, a nd insert in the place th ereof “ the u ndivided w ord “ ch arge,” it is proposed to insert “ and lien ” ; and in th e
tribal prop erty o f the allottees th ereof,” so as to m ake this sam e line it is proposed to strike ou t the w ords “ said lands ”
charge fo r 40 a cres o f each allotm ent against the undivided and in sert “ the u ndivided tribal property o f the allottees
tribal property o f the allottees, instead o f against the land.
th ereof,” and a com m a, so as to re a d :
Mr. JO N E S. T h a t is, the Senator w ould not intend to m ake
That the lands within the project on the Yakima Indian Reservation
the ch arge a ga in st a n y portion o f the allotm en t excep t that owned by Indians in fee or otherwise to the extent of G4,000 acres,
tvhich belongs to the allottee w ho gets the benefit from the estimated to be necessary for the support of Indians allotted within,
the project, for which a water supply of 400 cubic feet per second o f
irrig a tion ?
time is required, shall receive water free of any and all cost or charge
Mr. P O IN D E X T E R . Yes.
on account of said storage works.
\
That other, lands -under Indian ownership to the extent of 38 000
M r. .JONES. I should h av e no ob jection to that.
Mr. P O IN D E X T E R . I w as anticipating, w h ile the Senator acres additional, more or less, shall bear the proportionate acreage cost
for providing said storage waters in the river, except that portion of
w as speaking, that liis argum ent w as based upon a m isunder said waters provided for in the preceding paragraph, which propor
standing o f the position o f the In dians themselves. T h ey are tionate cost shall be a charge and lien against the undivided tribal
prpperty of the allottees thereof, to be paid on such terms and undtx.
not o b jectin g to this im provem ent.
,-CTch regulations as the Secretary of the Interior shall prescribe.
Mr. J O N lis . I think the Senator does n ot exa ctly under-,
Mr. O W EN . T h is am endm ent is sim ply p erfectin g the am end
stand the petition o f the Indians, but that is a m atter that does
Rot m ake a n y difference. W h a t I w ant to do is to get this m at^ m ent o f the Senator from W ash ington?
T h e P R E S ID E N T pro tempore. Yes. T he question is on tli<T
ic r a dju sted w ith ou t getting into court. I w ant to appeal to the
Senator fro m M assachusetts— and I think in this appeal m y am endm ent o f the Senator from W ash ington to the am endm ent
colleagu e w ill jo in m e— that i f this provision is n ot sa tisfa ctory o f the com m ittee.
T h e am endm ent to the am endm ent w as agreed to.
as it is, let us m ake it s a tis fa cto ry ; b u t let us m eet a local
T he P R E S ID E N T pro tem pore. In the absence o f ob jection ,
situation th at is o f the m ost serious ch aracter in some w a y so
ih at it can be a dju sted w ithout getting into court, a nd w ith ou t the amendm ent as am ended w ill be agreed fo.
M r. O W EN . I o b je ct to that am endm ent, and m ake tlie point
disturbin g all these values, and disturbing the values o f the
o f ord er against it.
G overnm ent’ s property a s well.
M r. JO N ES. M r. President, I do n ot kn ow w hether this is
Mr. DODGE. M r. President, if the Senator w ill a llow me, I
Pave no desire in this m atter except to protect properly the su b ject to a point o f ord er o r not, but I w an t to appeal to th e
righ ts o f the Indians. It did not seem to me that this am end Senator from O klahom a not to insist upon h is poin t o f order. I
m ent protected them properly. T h ey h ave asked in th eir p eti know that lie does n ot desire either to in ju re those In dian s o r
tion to go into court, an d it seems not an unreasonable req u est; to in ju re that loca lity or to bring loss upon the Governm ent. I
but I fu lly appreciate the ob jection s to that course, w h ich I do feel that i f he recognized the situation th ere he w ou ld n o t
think w ould b e bad f o r them and fo r all concerned, because it in sist upon his poin t o f order. W h ile, o f course, the interests
w ou ld lead to great delay. I think they ought to have a larger o f the G overnm ent are a t stake, it is la rgely a loca l proposition ,
share than is a llotted to them here, how ever. On the Tieton and it means m ore to tlie loca lity in w h ich I have lived du rin g
and Sunnyside project^, as I understand, they a re allow ed 40 the la st 24 yea rs than any oth er legislation cou ld possibly mean
to any loca lity in the country. I w ant to appeal to the Senator
acres, and h ere th e In dian s a re a llow ed on ly 20 acres.
Mr. JO N ES. No. M r. P r e sid e n t; the Senator m isunderstands fro m O klahom a ju s t as strongly as I possibly can, in b eh a lf o f
that. T h e In dians are allow ed SO acres, but they a re a llow ed m y hom e and in b eh a lf o f the people w ith w hom I have lived
fo r so m any years aiid w hose interests I w ant to prom ote along
a fre e w a ter righ t fo r on ly 20.
w ith that o f tlie Indians, not to in sist upon his point o f order.
M r. L O D G E . I m ean the w ater right.
Mr. K E N Y O N . I should lik e to in qu ire o f the Senator h ow
Mr. JO N E S. Yes. T h ey can purchase a w ater righ t fo r the
m uch is a pp ropriated from the Federal T reasu ry by this p r o je ct?
oth er 60 if they desire.
Mr. JONES. In the provision here $3,800,000; but the great
Mr. LO D G E . T he R eclam ation Service gives 40 acres as a
m inim um fa rm u n it fo r settlers under the Sunnyside an d T ieton part o f that is to com b b ack from those w ho acquire the w a te r
projects, w hich em brace lands sim ilar to these Y akim a lands rights. T lie w hite people w ho get this oth er land, the la n d th at
is not furn ished w ith fre e w ater right, m ust pa y back to the
w hich it is proposed to irrigate.
M r. JO N ES. T h a t is correct. I f the Senator w ill perm it me, T reasu ry o f the U nited States the am ount app ortion ed fo r
that m ean s that under the Tieton unit a man can not possibly their w ater r ig h t; so that w hile w e a ppropriate $1,800,000— I
acqu ire a w ater righ t fo r m ore than 40 acres. W hether he has w ant to say that in con feren ce that m ight be a rran ged to be
tlie m oney to buy it or w hether he has not, he can not do it. spread over three or fo u r years— probably h a lf o f it, anyhow ,
P u t the In dian is n ot lim ited to that. H e is lim ited to his 80 w ill com e back to tlie Treasury.
Mr. K E N Y O N . W ithin w hat tim e?
acres.
Mr. JO N ES. T he Secretary is left to arrange tlie m anner o f
Mr. LO D G E . A ll I w an t to do Is to protect tlie rights o f the
U nder the reclam ation a ct it is p ayable in 10
Indians. It seems to me the proposition s made by the ju n ior paym ent.
Senator fro m W ash ington a re fa ir V m d that they do preserve annual installm ents. T he Secretary can fix it in five a nn ual
paym ents, however, if he desires. I think th at w ould be a
tlie In d ia n s’ rights.
Mr. JO N ES. T h ey are en tirely agreeable to me. I w ill be very reasonable adjustm ent to make o f it, so fa r as th at is
concerned. So a good part o f this m oney w ill com e back . I
glad to have the Senate adopt them, 1
M r. LO D G E . I f the senior Senator f&mi W ashington accep ts h ardly believe that the provision is su b ject to a poin t o f order.
those amendm ents, I, fo r m y part, w ill w ith d ra w the point o f I t seem s to m e it is a provision that is germ ane to the bill. I do
how ever, the Senator from O klahom a w ill not in sist upon
order.
\
Is point o f order.
«
Mr. JO N ES. I am very glad o f that, Because I am glad to
Mr. O W E N . I should like to ask tlie Senator fro m W a sh in g
accept the amendm ents. I w ant to benefit\the In dia n s and dH
ton how much o f this $1,800,000 w ill be rep aid to the G overn
everyth ing that Congress w ill sanction in tfte matter.
m ent ?
Mr. G A M B L E . W ill the ju n io r Senator x r o m W ashingto:
M r. JO N ES. I t w as estim ated that under this provision , as
subm it his am endm ents, so that the Senate m ay have them ?
T h e P R E S ID E N T pro tem pore. T he ainenmpents have not it w as origin a lly fram ed, about $1,300,000 o f it w ou ld be paid
back into the Treasury. Just w h at effect tlie am endm ent o f
yet been subm itted.
<
Mr. P O IN D E X T E R . I subm it the a m en d m en t! n o w ; and Ir nay colleagu e w ill have on that am ou nt I can not say. It w ill
som ew hat lessen it.
addition to tlie ones I h av e stated I subm it the fo llo w it
M r. O W EN . I should like to ask the Senator from W ash ing
changes in the language, so as to m ake it m ore c e r ta in :
ton w h at is the explanation o f tlie $500,000 that w ill n ot be
I m ove to insert, in line 22, page 60. a fter the w o fd “ tha
aid to the G overnm ent?
Mr. JO N ES. T h a t w ent to pay fo r the free w ater rights fo r
the Indians. U nder this b ill w e fu rn ish a w ater right fre e —
that is, store w ater fr e e —f o r 32.000 acres. T he cost o f stor"fill rea d as stated in the am endm ent that I send to the desk.
!i
V
CONGRESSIONAL EECOED— SEXATE.
iiig is estimated at about $15 an acre. So that $500,000, in
effect, went to pay for a free water right for the Indian allot
tees. That goes to the In dians; so that whatever does not come
back into the Treasury goes to the benefit o f the Yakima In
dians, and to nobody else.
Mr. OWEN. W ere there not certain white settlers there who
had previous water rights in this area?
Mr. JONES. N o; not in this reservation. The reservation
was made in 1S55, and there was no irrigation going on then
at all.
Mr. OWEN. Do I understand that the amendment which
has been proposed to this amendment in effect cures the protests
which have been filed against it?
Mr. JONES.
I understand so, and it is entirely satisfactory
to me.
Mr. OWEN. I dislike very much to make a point o f order
about a matter in a Senator’s State in which he is so deeply
Interested.
Mr. JONES. I hope the Senator will not do it.
Mr. OWEN. These points o f order are only made against
. Oklahoma, apparently.
Mr. JONES. I have not made any point of order against
Oklahoma.
Mr. OWEN. N o ; I know th a t; but Oklahoma seems to be
peculiarly the object o f these points o f order.
Mr. JONES. I hope the Senator will not take it out on me.
Mr. OWEN. I will say to the Senator that I do not think
the appropriation of $1,800,000 out o f the Federal Treasury on
this bill in this way without further hearing is good practice.
Mr. JONES. Mr. President, let me say to the Senator that
I know it is a large amount, and yet this is not without in
vestigation. As I said, this was in the bill before, and the
Secretary recommended it. Then we cut it out and passed a
resolution requiring the Secretary to report on it to Congress,
and the Secretary sent his agents out, directing them to investi
gate the whole situation and report. The Secretary visited
there himself and looked into it and then submitted this recom
mendation, so that the matter has been investigated very care
fully and very thoroughly.
Mr. OWEN. This is now in accordance with the recommenda
tion o f the Secretary?
Mr. JONES. It was as put in here. W e are more liberal to
the Indians than the Secretary with the amendment w e have
put in.
Mr. OWEN. I will withdraw the point o f order.
Mr. JONES. I certainly appreciate that.
The PRESIDENT pro tempore. The point o f order is with
drawn.
Mr. PO IND EXTER. I ask unanimous consent to print in the
R ec or d in connection with this matter, in order that it may be
in the R ecord for use in the further consideration o f it, two
letters on this subject from Mr. Brosins, the agent o f the Indian
Rights Association, a petition from the Yakima Indians and
allottees o f the YfSyma Indian Reservation dated January 30,
1913; and a series
resolutions o f the Yakima Water Users’
Association.
The PRESIDEN T pro^Sjgmpore. Without objection that order
will be made.
The matter referred to isAgs fo llo w s:
I n d ia n R ig h t s A s s o c ia t io n ,
hington, D C., February 20, 1919.
We respectfully urge eonsideratiorotof the inclosed copy of a protest
of the Yakima Indians, State of Wasmngton, against the amendments
of the Senate incorporated in the IdSLan appropriation act (II. R.
26874, calendar No. 1071^, which appropriates $1,800,000 for construct
ing storage reservoirs on the Yakima RivSk W ash., said amount being
chiefly reimbursable f r t h e value of wataSynghts appurtenant to the
lands allotted Yakima*u ndians.
The inclosed memwial (II. Doc. No. 1304. f%d Cong., 3d sess.) pre
sents the claim of
Indians more definitely artSi fully.
We inclose thmjresolution of the Yakima Reservation Water Users'
Association of M bruary 8, 1913, protesting again!*, the legislation in
question and ifljfing th a t the status of the water riffets appurtenant to
the Yakima Retervation lands be determined by proper% gal proceedings.
The proposed legislation limits the free use of storajfji water to 400
cubic feet per second, estimated to be sufficient for tim irrigation of
about 20 acres per capita. The Indians insist that the^feave hereto
fore used'about 1,000 cubic feet of water per second, and f & t the limi
tation 03 400 cubic feet per second deprives them of watei^kpr irriga
tion to which they are justly entitled by prior appropriation^ and by
riparian rights.
We call your attention to the fact that the Indians whose l8% l and
water rights are affected by this legislation are citizens of the okited
States, that they have a vested right to the allotted lands and~
determine by judicial proceeding any right claimed by them to
waters of the Yakima River for irrigation to as full an extent as m l
be done by other citizens.
Yet, notwithstanding the fact that these,
Indians are sui juris, the Government controls their property so that
their funds are not available for their use in securing a judicial deter
mination of their rights.
It will be very difficult for the Indians to
secure a sufficient contribution from their private means to prosecute
F ebruary 25,
the necessary litigation and, indeed, they should not bo compelled to
do so.
\
W e subikit. th erefore, th a t it is m ost im p o rta n t to determ in e the
rig h t o f these Indians, to the use o f these irrig ab le w a te rs b e fo re the
prop osed legisla tion is adopted.
Very re s p e ctfu lly ,
S. M. B r o s iu s ,
Agent Indian Rights Association.
W a s h in g t o n , D. C., F e b r u a r y 2.}, 1 0 1 3 .
H on. M il e s IV u n d e x t e r ,
Jnited States Senate.
„
S ir : In th ein atter of legislation incorporated in the pending Indian
appropriation l e t in the Senate (pp. 6 0 -6 1 ) , permit me to make a
further suggestion. I feel quite sure that if water for irrigation suffi
cient for 40 aires for each allottee (being one-half of each 80-acre
allotment already made) will be furnished free of storage charges, and
each allottee befpermitted in his discretion to buy the water right for
the balance of ISs allotted lands by creating a lien upon his pro rata
share of the undivided tribal property, it will meet with the approval
of the In d ia n s a id their friends.
There will be ample funds derived from their tribal estate to apply
to purchase of t i e additional water right. The value of the timberlands belonging tot these Indians, I understand, is upward of $3,000,000.
We hope you will be able to make some provision of this kind, and
then there will n«t be the dissatisfaction over defeat of the present
legislation which rffity retard the development of the Yakima country.
If not over 20 aires of a free water right is secured by legislation,
we very much fearu h at litigation will be commenced to determine the
Indian right to w a | r, and in that event the whole question will be
very much delayed i» settlement.
The Indians are entitled to more than 20 acres with a free water right,
and we trust that th®v will secure justice.
V ery re sp e ctfu l^ ',
S. M. B r o s i u s ,
Agent Indian Rights Association.
Petition.
To the C o m m it t e e on I
can A f f a ir s ,
House of Representi res and Congress, Washington, I). C .:
We, the undersigned
ikima Indians and allottees of the Yakima
Indian Reservation, have issembled in council January 30, 1913, at
White Swan, W ash., on th
'akima Indian Reservation,
We pray for what we
ink a just right and a right that belongs
want our water canals on the Yakima
to us. First and above al
as usual.
We protest against, the bill
Indian Reservation to rein
No. 6693, which W . L. .T
on
has prepared to introduce at this session
of Congress.
We find oursi ves unable, under existing conditions, to
the bill II. R. 26874. We have given
comply with the requirement
ation, and have discovered it an in
this bill (6693) careful invc
cation. a depriving scheme, a scheme
jury to the Indians on this l
acre allotments down to the minimum
that will gradually grind our
pray and ask the Committee on Indian
of 20 acres. Consequently, wi
esentatives and Congress to give our
Affairs in both the House of R
26874 a thorough investigation. We
protest relative to the bill H.
irises from or is established by the
bitterly oppose any scheme tin
reclamation act on the Yakima I Allan Reservation. The present canals
on the Yakima Indian Reservation were all erected from funds of the
Yakima Indian tribal fund,” ante they are of capacity sufficient to
hold and flow water sufficient to ifgigate all lands under these ditches,
should we get our just claim of thffc Yakima River and Ahtanum Creek
and a flow of these waters to si%ply the capacity of these abovementioned canals.
er and Ahtanum Creek, we claim
As to our claims of the Yakima :
ds which are riparian to these,
enough water to irrigate all our
ently known by the Government
streams. This river and creek are
Ahtanum Creek is a tributary
as the east and north boundary lines
undary line, while the Yakima
of the Yakima River and the north
sufficient flow of water to
River is the east line.
And both hal
supply all the lands available under th ^ ditches, if we are granted our
request.
Further, we claim all waters such as dleeks, rivers, and spring waters
within our boundary lines, and we p r a ! and ask Congress and other
officials in Washington, D. C., within th e * jurisdiction, to reserve these
just rights to us.
W e y a l l u p (h is x m ark) W a y a c ik a ,
Chief trudge Yakima, Tribal Court.
And 141 other members of tSe Yakima tribe of Indians.
L o u i s M a n n ,®
Corresponding Secretary
Yakima Indian Councils.
~
i
Be it resolved. That it is the sense of th& Yakima Reservation W ater
a
'
Users’ Association that the plans to irriga ® the ------Yakima - "
Indian Iteser
vation suggested by the United States Rec .mation Service and Secre
tary FisheF, involving an expense of between!$5,000,000 and $6,000,000,
be not approved. That it is the sense of the association that the old
plans heretofore suggested by the Indian Department of the United
States for the irrigation of the lands on the ^akima Indian Reservation
irrigable by gravity flow of water, and w h ic* system has been practi
cally two-thirds completed and can be comple||d for an expenditure of
m further irrigation on
irrigable by gravity
flow. That if any land must or can be irrigated by pumping plants,
that such lands be charged with the full expense thereof, and that no
part of such expense be charged against lands mhich can now be irri
gated by gravity flow by the last-named system.% That we oppose the
passage of the proposed bill to appropriate $ 1 ,8 0 0 3 0 0 for stored water.
Be it resolved, That it is the sense of the Yakinm Reservation W ater
Users’ Association that the United States Governi%nt should immedi
ately bring or cause to be brought a suit to secure for the irrigable
lands on the Yakima Indian Reservation a prior right to such of the
waters of the Yakima River as will furnish suflicienn|yater to irrigate
the irritable lands on such reservation. That the legkl status of the
water rights appurtenant to such reservation should be%stab!ish'ed and
settled by proper legal proceedings at once.
\
Y a k i m a W a t e r U s e r s ’ As s o c i a t i o n .
F r a n k W i l l i a m s , P resident
H e n r y J o n e s , Secretary.
\
F ebruary 8, 1913.
1913.
CONGRESSIONAL EECOli D— SENATE.
3909
most seriously to receiving them back in Xew Mexico, where
The S e c r e t a r y . The Senator from W a s h in g to n offers the
they themselves and their father's made the ground run red with amendment printed on page 62, e n d ^ vVftli line 4, on page 63,
the blood o f Americans, descendants o f whom are yet living with the following addition:
around the Mescalero Reserve. I know whereof 1 speak, be
That the allotment herein authorized shall not he made, nor shall the
cause the reservation is in my own county in New Mexico. confirmation of the pateijts Issued in the names of Deborah A. Griffin
and Mary .1. Griffin become effective, until payment he made to the
Around this reservation there are little cairns o f stones thrown Secretary of the,, interior on behalf of those? claiming under the said
UP where Americans and Mexicans may see them as they pass patents of the gum of $500, which shall be disposed of Tar the benefit
hy to indicate where some man or some woman or some child of the Colville Indians in the manner as provided in section 0 of the
act o f March 22, 1906 (34 Stat. L., p. SO).
VU
was murdered by .these Apaches. Those piles o f stones have
lie
been erected, in accordance-w ith the Mexican custom, to the / The amendment was agreed to.
Mr. OWEN. On page 44, line 5, after the figures “ $40,000.”
memory o f the deceased.
to
f
Mr. President, when I originally went to New Mexico the fir
4 I move Theinsert “ $5,000 oto which is to be immediately avail
1
Commissioner
the Five Civilized Tribes has ad
life able.”
£
town that I went into was Silver City, and as I got off tl
frain in the streets o f Silver City one o f the first things I savV vertised 200,000 acres o f land to he sold in May, and it is feared
was an American holding in his hand the bleeding scalp o f a that the available appropriation wiil he exhausted before the
woman who had been killed by one o f these Fort Sill Apaches sale is completed.
The PRESIDING OFFICER. The Secretary will state the
within a mile o f the courthouse o f Silver City that afternoon.
amendment to the amendment.
r
l'he Indian who scalped her had been shot.
The S e c r e t a r y . On page 44 in the committee amendment,
Can you not find some other place to take these Indians? Is
if possible there is not efficien t land in all these great United line 5, after the numerals “ $40,000,” it is proposed to insert:
$5,000 to he immediately available.
States to which Indians can be taken and where they can
The amendment to the amendment was agreed to.
he kept without forcing them back to live among the people
whose relatives they murdered? Why should they not occupy S Mr. OWEN. Jilr. President, I have one other item here which
the land which has been given to them adjoining the Fort S ill/ I was requested to offer by one o f the Members o f tlie Okla
Military Reservation in Oklahoma? Wliat use is to be made homa delegation. I send it to the desk and ask that it may be
< f the land from which these Apaches are to be withdrawn? read.
>
The PRESIDING OFFICER. The Secretary will state the
^ r care nothing about that. We agreed at the last session o f
e
Congress with the Representatives o f Oklahoma on the Indian amendment.
The S e c r e t a r y . On p a g e 35, a ft e r lin e 15, it is p r o p o s e d to
Committee in conference that no part o f this money should be
used under any circumstances to locate these Indians in New i n s e r t :
That the Secretary of the Interior is hereby authorized, in his dis
Mexico. I think the Senator from Minnesota, who had this bill
in charge at that time, w ill bear me out in the assertion that cretion, to extend the time of the deferred payments on the town lots
of the north addition to the city of Lawton, Okla., one year from the
no part o f this money was to be used for that purpose?
date on which they become due under existing law : Provided, That no
Mr. CLAPP. Mr. President— —
title shall issue to any such purchaser until all deferred payments, in
terest, and taxes have been made as provided in the act of* March 27,
The PRESID EN T pro tempore;? Does the Senator from New
1908 (35 Stats., 4 9 ), and the act of February 18, 1909 (35 Stats., 0 3 7 ).
Mexico yield to the Senator from Minnesota?
Mr. GAMBLE. Mr. President, I will ask the Senator from
Mr. FALL. I do.
Mr. CLAPP. There is no question as to the correctness of Oklahoma, what is the necessity for this amendment. lia s
it been recommended by the department, and is there a bill pend
the statement the Senator makes. ■
Mr- F ALL. I thank the Senator from Minnesota. Now, I ing for it?
Mr. OWEN. There is a bill pending for it in the House,
hope that the chairman o f the committee having this bill in
which has been favorably reported from the committee in the
charge will not insist upon the point o f order.
Mr. President, it is an outrage upon the people o f New Mexiqp, House. It w ill simply result in some o f these people who have
and it is bad faith upon the part o f the Secretary of the In town lots paying 5 per cent interest that much longer, rather
terior, who has had this fiuatter brought before him, in vifw than to force them to pay immediately. It does not do the
o f the record shown hei’e made in this body at the last session, Indians any harm. It simply extends the time within which
to insist that he will misapply these funds and take these In they may pay it.
dians back, despite the protest o f the legislature and o f t t u r y ^ T he amendment was agreed to.
Mr. THOMAS. Mr. President, I desire to withdraw the
people o f New Mexico a ml o f their Representatives in Congress.
I hope that the Senator will not insist upon his point o f order. point o f order which I made to (lie amendment o f the Senator
Mr. DIXON. Mr. President, I ask that the amendment from New Mexico.
The PRESIDING OFFICER. The Senator from Colorado
offered by the Senator from New Mexico may be again read.
The PRESID EN T pro tempore. The amendment w ill be withdraws the point o f order made by bim to the amendment
offered by the Senator from New Mexico.
again stated.
Mr. OWEN. Mr. President, I renew the point o f order.
The S e c r e t a r y . O n page 39, a t (h e e n d o f lin e 5, it is p r o
The PRESIDING OFFICER. The Senator from Oklahoma
p o se d to in sert:
renews the point o f order. The point o f order is sustained.
Provided, That no part of the .$100,000 hereby appropriated, nor of
The bill was reported to the Senate as amended, and the
the $200,000 appropriated by the act approved April 24, 1912, making
appropriations for Hum current and contingent expenses or the Bureau amendments were concurred in.
Of Indian Affairs, for fulfilling treaty stipulations with various Indian
Mr. THOMAS. I offer an amendment, which I send to the
tribes, and for other purposes, for the fiscal year ending June oO, lu lo ,
which was authorized to he expended for the relief and settlement of desk.
The PRESIDING OFFICER. The Secretary w ill state the
the Apache Indians now confined as prisoners of war at Tort Sill
Military Reservation, Okla., on lands to he selected for them by the amendment.
Secretary of the Interior and the Secretary of War, to be expended
The S e c r e t a r y . On page 57, line 33, it is proposed to strike
under such rules and regulations as the Secretary of the Interior and
the Secretary of War may prescribe, shall bo used for the purpose of out the words “ cause an investigation to he made o f ” and
transporting or making settlement of said Apache Indians, prisoners in sert:
\
of war at Fort Kill Military Reservation, Okla., within the State of
^’ ew Mexico or Stite of Arizona.
Appoint three eoniteissioners, who shall he instructed and required
to investigate.
^
Mi*. GAMBLIJ Mr. President, I withdraw the point of order.
Mr. GAMBLE. Mr! president. I raise the point o f order that
The PRE SID EN T pro tempore. The Senator from South that has not been estimated f o r ; it has not been recommended
Dakota withdraws the point o f order.
by any standing committee o f the Senate; and in addition to
Mr. TIIOM.V.&. Mr. President, these points o f order seem to that, full authority is giveil in the provision itself for the Sec
be something extremely flexible. They are withdrawn very retary to send out special agefys to take up this matter, which
Readily in behalf o f some Senators and insisted upon very would be without any additional expense to the Government.
rigidly in behjhlf o f others. I renew the point o f order.
I f commissioners are appointed raswill result in incurring an
The PRESID EN T pro tempore. The point o f order is re expense and an obligation that I do iiwt think is necessary; and
I insist upon the point o f order.
newed, and l^ie point o f order is sustained.
The PRESIDING OFFICER. The pfiint o f order is sus
-Mr. JO N l/s. Mr. President. I desire to reoffer the two para
graphs on page 62, down to line 4 on page 63, with the added tained.
The amendments were ordered to be engrossed, and tl»«r bill
paragraph chat 1 have marked here, which meet the objections
to be read a third time.
hiade a te fr moments ago.
The bill was read the third time.
The P R E S I D I N G OFFICER (M r. C u r t is in the chair). The
The PRESIDING OFFICER. . The hill having been read
Senator from Washington offers an amendment, which the Sec
three times, the question is, Shall it pass?
t a r y will state.
3910
COX GKESSIOX AL RECORD— SEX A TE.
Air. FAJLL. T suggest the absence o f a quorum, Mr. President.
T in ; -PRESIDING OFFICER. The Senator from New Mexico
suggests tile absence o f a quorum. The Secretary w ill call the
roll.
'
.-r
The Secretary called the roll, and the follow ing Senators
answered tot their names:
Ashurst
Bacon
Bankhead
Borah
B o u rn e
Bradley
Brady
Brandegee
Bristow
Bryan
Burnham
Burton
Catron
( 'hamberlaiu.
Clarke, Ark.
Crane
Cummins
Curtis
Dillingham
l, Dixon
\ du Tout
\ Fal!
wletcher
roster
tJellinger
Gamble
l^tonna
Giggenheim
Johnson, Me.
.Toifes
Karnaugh
Lodge
Martin. Va.
Martino, N. J.
Myers
Nelson
O’Gorman
Oliver
Overman
Owen
Page
$
Paynter
/
Penrose
;£
Percy
Pittman
W
Poindexter W
R ichardson#
Root
,|f
Shephard
Sing|ftons
Snath, Ga.
SjHth,Mich.
f^gftoot
Sutherland
,g wan son
^Thomas
rThornton
Townsend
Warren
Webb
/
Wetmore
/
Works
/
bill passed the Senate in the Fifty-eighth and -Sixtieth Con
gresses, and it carries no appropriation.
The PRE SID EN T pro tempore. The Senator from Tennessee
asks unanimous consent for the present consideration o f the
bill just reported.
Mr. SMOOT. Let it be read.
The PRESID EN T pro tempore. The bill will 1 / read for the
information o f the Senate.
/
The Secretary read the bill.
The PRESIDEN T pro tempore. Is there dejection to the
present consideration o f the bill?
f
Air. ROOT. I think w e should be able to r</ul the bill before
we act upon it. I feel constrained to object. *
The PRE SID EN T pro tempore. Objection is made, and the
bill goes to tlie calendar.
DOST OFFICE APPROPRIATIO N K IL L .
The Senate, as in Committee o f the Whple, proceeded to con
sider the bill (H . R. 27148) making appropriations for the serv
Lippiti
ice o f tlie Post Office Department for tlielisca l year ending June
The PR ESI DENT pro tempore. S iJ^ ^ *»< r«en ators have 30, 3914, and for other purposes, which A n d been reported from
liJIIVlw ____________ B .
answered to their navies. A quorum js # ffie Senate is present.
the Committee on Post Offices and p /s t Roads with amend
The hill having hee& roadAitfetflimijS. the question is, Shall ments.
1; pass?
1
w
Mr. BOURNE. I ask that tlie Senate dispense with the
Mr. FALL. On that 1 demand the #eas and nays.
formal reading o f the bill and proci^d to consider the amend
The yeas and nays were ordered* and the Secretary called ments o f the committee.
the roll.
'%
M
The PRESID EN T pro tempore. /T h e Senator from Oregon
Mr. SM ITH o f Michigan ( afteu*?having voted in the nega asks unanimous consent that the i f rmal reading o f the bill be
tive). I voted inadvertently. I jftm paired with the junior dispensed with, that the bill be r « d for amendment, and that
Senator from Missouri [M r . R eicdA and withdraw my vote.
the committee amendments he fir * considered. Is there objec
Mr. STONE (after having J&ted in the affirmative). I tion? T h e Chair hears none, a n d /t is so ordered.
should like to inquire wliethe^f the Senator from Wyoming
The Secretary proceeded to r e # l tlie bill.
[Mr. C l a r k ! has voted?
£
The first amendment o f the Committee on Tost Offices and
The PRE SID EN T ia-uAeiT^(^~^TIIT^ATi4 h' is in
Post Roads was, under the sul/head “ Office o f the Postmaster
that Senator hjjs-no'f voted.
General,” on page 2, line 11, a y e r “ $704,450,” to strike out the
Mr. STONE.' Having a paW with him, I withdraw
follow ing proviso :
The ypsfdt was announced,Jeeas 6S, nays 5, as follows
Provided, That, for the p u r p o s fo f inspecting and investigating rural
delivery routes and proposed r # a l delivery routes, a number of in
t * —G8.
■
Aslufrst
B;>Con '
Bankhead
Borah
Bourne
Brady
P>randegoe
Bristow
Bryan
Burnham
Chamberlain
Clapp
Clarke, Ark.
Crane
Cummins
Curtis
Dillingham
*■ '
Bradley
Burton
Briggs
Brown
Chilton
Clark. AV.vo.
Crawford
Culberson
Kenton
Lea t-
spectors not exceeding 00 shall Be placed subject to (he orders of the
‘F ourth Assistant Postmaster Guperal whenever and for such periods as
in his judgment thej| may be needed for that purpose.
SLodgo
Dixon
iMcCumbcr
Fletcher
Martin, Va.
Foster
Marline, N. J.
Gallinger
Myers
Gamble
OT&orman
Gore
Ol&rer
Gronna
A
Overman
GuggcnhcUai
O <®
w L
Johnson. 3fe.
Pag d
t
.TohnstonNAla.
Payzwer
.Tones
^
Penr®e
Kavana>Jth
Perklfc
Kenyon|T
Pittman
Kern ;?
Poindeiter
La F olatte
Pomere&e
Lea #
Richardson
Lippi (2
NAYS 5.
\
Fall
/
Catron
T h e amendment w as agrfed to.
tlie next amendment w i*. on page 2, line 17. after the word
“ Far,” to strike out “ per/diem allowance ” and insert “ actual
expenses ” ; in line 31), a ftfr tlie w ord “ headquarters,” to strike
out f a t a rate to beUixe# by tlie Postmaster G eneral” ; in line
21, after the word v e.^oed,” to strike out “ $3 ” and insert
“ $ 4 P ; and in the sa|p#Jme, after the word “ day,” to strike
out f $263,400 ” and insert “ $348,534,” so as to read :
Fqr actual expenses of ghspcctors in the field while actually traveling
on official business away from their homes, their official domiciles and
thefr headquarters, not td? exceed $4 per day, $348,534.
Thomas
0
NOT VOTING— 22 .1
Nelson
\
C idiom
Newlands «
digPont
Percy
(lirdner
IBtchcoek
Reed
Shively
Jackson
Smith, Md.
McLean
So the bill was passed.
Smith. Mich.
Stephenson
Stone
W atson
/
!
/
v'
| P O ST OFFICE APPROPRIATIO N III IX ,
Mr. BOURNES. I move that the Senatp^fTrdpeed to the con
sideration o f House bill 27148, knovsjMtff the r o s t Office approprintion bill. /
The motion'"was agreed
Several Senators addressed the Chair.
Mr. BOURNE. I yield for routine business.
SU N D R Y CIV IL APPROPRIATIO N BILL.
"*
E ebktjaky 25
;
Mr. W ARREN. From the Committee on Appropriations I
report back favorably with amendments the bill (II. It. 2S775)
making appropriations for sundry civil expenses o f the Gov
ernment for the fiscal year ending June 30, 1914, and for other
purposes, and I submit a report (No. 1317) thereon. I desire
to give notice that I shall undertake to call up the biH.for con
sideration to-morrow.
\
The PRESIDENT pro tempore. The bill w ill be placed on
the calendar.
PREVENTION
OF DESECRATION
OF T H E
FLAG.
Mr. LEA. From the Committee on M ilitary Affairs I report
back favorably without amendment the bill (S. 8487) to prevent
the desecration o f the flag o f the United States and to provide
punishment therefor.
Mr. W EBB. I ask unanimous consent that the bill just re
ported by- my colleague may be put upon its passage. A similar
.The amendment was agreed to.
/T h e next amendmentAvas, in the item o f appropriation for
/ l i e allowances of inspectors, on page 3, line 6, after tlie word
“f u r t h e r ,” to strike out 4 that no part o f tlie sums herein pro
vided for tlie salaries o f -'post-office inspectors or fo r per diem
allowances to such inspectors shall be paid or allowed to them
while they may be engagecl|in making selections and recommen
dations for the appointment o f fourth-class postmasters,” and
insert “ that when hereafter any vacancy shall occur in the office
o f postmaster o f tlie fou rth /class in any o f tlie States o f tlie
United States the compensation o f tlie postmaster o f which office
is $300 or more per year, a special nominating election may be
held for the purpose o f nominating a postmaster to fill such
vacancy. Such nominating elections shall be conducted by tlie
local authorities o f the county, township, incorporated town, or
city in which such post office is situated, the same as tlie elec
tion for county, township, or mhpicipal officers, and the laws
and regulations o f tlie State and township or city in which
such post office is located shall be held to apply to and be appli
cable to tlie conduct o f such nominating election ; and tlie actual
necessary expenses incurred in the conducting o f such nominat
ing election shall be paid out o f the appropriation from tlie
Treasury o f tlie United States for thexsupport and maintenance
o f tlie Post Office Department o f tlie United States, and the
compensation o f the necessary officials for such nominating
election shall be the same as that provided by State statutes or
city ordinances relating to tlie expenses for conducting county,
township, or municipal elections,” so as to make the proviso
read:
And provided further. That when hereafter any vacancy shall occur
in the office of postmaster of the fourth class in any of the States of
the United- States, etc.
Air. TOWNSEND. Air. President, I feel constrained to raise
a point o f order on that amendment as being general legisla
tion.
C N R SSIO A , R C R —SENATE;
OGE
NL EOD
m s.
Mr. SUTHERLAND. I have a pair with that Senator, anil
in his absence I withhold my vote.
The roll call was concluded.
Mr. SM ITH o f Georgia (after having voted in the negative).
I have a general pair with the senior Senator from Massachu
setts [Mr. L odge ] and this is a measure to which, I think, the
pair should apply, although .we have an agreement that each
shall vote when he wishes. I transfer that pair to the Senator
from Nebraska [Mr. H i t c h c o c k ] and will let my vote stand.
Mr. SUTHERLAND. I am informed that the Senator from
Arkansas [Mr. C l a r k e ] with whom I am paired, if present,
would vote “ nay.” I therefore feel at liberty to vote. I
vote “ nay.”
Mr. CHAM BERLAIN (after having voted in the negative).
I have a general pair with the junior Senator from Pennsyl
vania [Mr. O l i v e r ]. I desire to transfer my pair with that
Senator to the junior Senator from Colorado [Mr. T h o m a s ],
und w ill let my vote stand.
Mr. SIMMONS. I desire to announce that my colleague [Mr.
O verman ] on account of his physical condition is unable to be
present to-night.
The result was announced—yeas 1, nays 40, as follow s:
Ashurst
Bankhead
Borah
Bourne
Brady
Bristow
Brown
Bryan
Gatron
Chamberlain
Clapp
Crawford
Bacon
Bradley
Brandegee.
Briggs
Burnham
Burton
Chilton
Clark, Wyo.
Clarke, Ark.
Crane
Culberson
Cullom
Y E A S — 1.
<
Guggenheim
NAYS— 46.
Cummins
Martin, Va.
Curtis
Myers
Fall
Newlands
O'Gorman
Callinger
Page
Gardner
Penrose
Gore
Pittman
Johnson, Me.
Poindexter
.Tones
Pomerene
Kavanaugh
Sheppard
Kenyon
Shively
La Follette
Simmons
Lea
NOT V O TIN G — 48.
Lodge
Dillingham
McGumber
Dixon
McLean
du Font
Fletcher
Martine, N. J.
Foster
Nelson
Gamble
Oliver
Gronna
Overman
Hitchcock
Owen
Jackson
Paynter
Johnston, Ala.
Percy
Kern
Perkins
Lippitt
Reed
Smith, Ariz.
Smith, Ga.
Smith, Mich.
Smith, S. C.
Smoot
Sutherland
Swanson
Townsend
Williams
Works
Richardson
Root
Smith. Md.
Stephenson
Stone
Thomas
Thornton
Tillman
Warren.
Watson
Webb
Wetmorc
vania [Mr. O l iv e r ] . I transfer that pair to the junior Senator
from Colorado [Mr. T homas], and will let my vote stand.
Mr. STONE. I have a pair with the Senator froiiKW'yoming
[Mr. C l a r k ]. I transfer that pair to the Senator fromNFlorida
[Mr. F l e t c h e r ] , and will vote. I vote “ nay.”
\
The result was announced—yeas 0, nays 44, as fo llo w s: \
Ashurst
Borah
Bourne
Brady
Bristow
Brown
Bryan
Catron
Chamberlain
Clapp
Crawford
Bacon
Bankhead
Bradley
Brandegee
Briggs
Burnham
Burton
Chilton
Clark, Wyo.
Clarke, Ark.
Crane
Chibcrson
Culldm
N AYS— 44.
Martin, Va.
Cummins
Curtis
Myers
Gallinger
Newlands
Gardner
O’Gorman
Gore
Page
Johnson, Me.
Penrose
.Tones
Pittman
Kavanaugh
.Poindexter
Kenyon
Pomerene
La Follette
Sheppard
Lea
Shively
NOT VO TIN G — 51.
Dillingham
Lippitt
Dixon
Lodge
du Pont
McCumber
Fall
McLean
Fletcher.
Martine, N. J.
Foster
Nelson
Gamble
Oliver
Gronna
Overman
Guggenheim
Owen
Paynter
Hitchcock
Percy
J ackson
Perkins
Johnston, Ala.
Kern
Reed
\
Simmons
Smith, Ariz.
Smith, Ga.
Smith, Mich
Smith, S. C.
Stone
Sutherland
Swanson
Townsend
Williams
Works
Richardson
Root
Smith, Md.
Smoot
Stephenson
Thomas
Thornton
Tillman
W arren
Watson
Webb
Wetmore
Tlie PRfiSJDENT pro tempaxer Not a quorum has voted.
The SecretarywTlTTflTf'Tir§''roll.
Mr. SM ITH o f Georgia. I think I might suggest that per
haps there are some Senators present who did not notice the
call o f their names and were not excused from voting by the
Senate. W ould it not be proper to suggest that they vote
before the announcement is made?
The PRESIDENT pro tempore. The suggestion can be mafic,
but the Chair can not enforce it. The roll w ill be called.
The Secretary called the roll, and the follow ing Senators an
swered to their nameg:
Ashurst
Bankhead
Borah
Brady
Bristow
Brown
Bryan
Catron
<’hamberlain
Clapp
. '
Crawford
Cummins
Curtis'
Fall }
Gallinger
Gardner
Gore
. Gronna
Guggenheim
Johnson, Me.
Jones
Kavanaugh
Kenyon
La Follette
Lea
Marlin, Va.
Myers
Newlands
O’Gorman
Page
Penrose
Percy
Pittman
Poindexter
Pomerene
Sheppard
Shively
Simmons
Smith, Ga.
Smith, Mich.
Smith, S[ C.
Stone
i
Sutherland
Swanson'
Townsend
Works. I
The PRESID EN T pro tempore. A quorum has not voted,
and the roll w ill be called.
Mr. SM ITH o f Georgia. I suggest, Mr. President, that the
The PRESIDEN T pro tempore. Forty-six Senator? have an
names o f absentees be called.
swered to their names—not a quorum. The names pf absentees
The PRESID EN T pro tempore. That can not be ckuio on a will be called.
yea-and-nay vote. The roll will be called.
^
Tbe Secretary called tbe names o f absentees, and Mr. W il
The Secretary called the roll, and the follow ing Senators an l ia m s , Mr. S m it h o f Arizona, Mr. S moot, and Mr. B ourne
swered to tlieir names:
, aitsvj*ered to their names.
Smith, Ariz.
Myers
The PRESIDEN T pro tempore. Fifty Senators have an
Ashurst
Curtis
Smith, Ga.
Newlands
Bankhead
Fall
swered to their names. A quorum o f (he Senate is present.
Smith, Mich.
O'Gorman
Borah
Gallinggr
Mr. SM ITH o f Georgia. I ask unanimous consent to dispense
Smith, S. C.
Brady
Page
Gardner
Smoot
Penrose
with the further call o f the yeas and nays.
Gore
Bristow
Stone
Percy
Brown
Johnson, Me.
Mr. GUGGENHEIM. 1 object.
Sutherland
Bryan
Pittman
.Tones
Mr. SM ITH o f Georgia. Who objects? The roll has been
Sw anson
Poindexter
Kavanaugh
Catron
T ow nsend
Pomerene
Kenyon
called. I do not think the Senator from Colorado is here.
Chamberlain
Williams
Clapp
Sheppard
La Follette
Mr. GUGGENHEIM. I am here now.
Works
Shively
Lea
Crawford
Mr. SM ITH of Georgia. Then, Mr. President, I suggest that
Simmons
Martin, Va.
Cummins
The PRESID EN T pro tempore. Forty-seven Senators have the Senator’s name be called to answer.
Mr. BORAH. I ask that the name o f the Senator from Colo
answered to their names— not a quorum. The names o f absent
rado be called.
•Senators will be called.
The PRESIDEN T pro tempore. The Senator's name w ill ho
The Secretary called the names o f absent Senators, and Mr.
called.
B ourne entered the Chamber and answered to his name.
The Secretary called the name of Mr. Guggenheim.
The PRESID EN T pro tempore. Forty-eight Senators have
Mr. GUGGENHEIM. Mr. President, a parliamentary inquiry.
answered to their names. A quorum is present. The question is
°n the amendment submitted by the Senator from Colorado Do I have to reply?
The PRESIDEN T pro tempore. As the Chair remembers (he
IMr. G u g g e n h e im ] , upon which the yeas and n a y s have b een
rule, it is that all Senators shall respond to their names unless
ordered. The roll w ill be called,
excused from doing so.
f ile Secretary proceeded to call the roll.
Mr. GUGGENHEIM. Will the Chair excuse me?
Mr. SM ITH o f Georgia. I again announce my pair with the
The PRESIDENT pro tempore. It is not for the Chair. It
senior Senator from Massachusetts [Mr. L o d g e ] , and again
transfer that pair to the Senator from Nebraska [Mr. H i t c h is for the Senate. W ill the Senate excuse the Senator from
c o c k ].
I w ill let this announcement and transfer stand for the Colorado from responding?
S everal S en ators.
No.
Remainder o f the evening. I vote “ nay.”
The PRESIDEN T pro tempore. The Secretary will call the
Mr. SM ITH o f South Carolina (when his name was called).
I again announce my pair with the Senator from Delaware name o f the Senator from Colorado.
The Secretary again called the name o f Mr. G u g g e n h e i m .
f M r. R ic h a r d s o n ] and th e transfer o f that pair to the Senator
Mr. GUGGENHEIM. Present.
from Tennessee [Mr. W ehd ] . I vote “ nay.”
Mr. SM ITH o f Georgia. Mr. President, I think (here was
f h e roll call was concluded.
Mr. CHAM BERLAIN (a fter having voted in the negative). also another Senator present who (lid not answer. I do not doI have a general pair with the junior Senator from Penusyl- sire to mention his name, hut I should appreciate his voting.
CONGRESSIONAL RECORD— SENATE
Mr. GRONNA. Mr. President, I wish to have nay name called.
The PRESIDEN T pro tempore. The Senator's name will be
called.
,
February 25
Commissioner of Labor, be, and the same hereby are, transferred from
the Department of Commerce and Labor to the Department of Labor, and
the same shall hereafter remain under the jurisdiction and supervision
of the last-named department.
T h e S e c r e t a r y c a lle d th e n a m e o f M r. G r o n n a .
Mr. GRONNA. Mr. President, I offer this a m e n d m e n t in
good faith in the hope that the Senator from Idaho w ill accept
it. I have h o objection to the creation o f as many bureaus as
the Senate sees fit to create or as many departments as the
Senate sees fit to create. I believe, however, speaking seriously,
that the Senate o f the United States w ill discover in the fu tu re ’
h e im ] ?
if this bill is passed in the shape it is now, that it has made a
The PRESID EN T pro tempore. It is.
’ . mistake. That, o f course, is only my opinion.
Mr. LA FOLLETTE. And upon that the yeas and nays have
I do not want to place the Bureau o f Immigration under a
been ordered.
mere Department o f Labor, any more than I would want to
The PRE SID EN T pro tempore. The yeas and nays have been
place the Department o f Labor under the management o f those
ordered. The Secretary will call the roll.
who control the strong industries o f this country. I would
Mr. SM ITH o f Georgia. I again ask unanimous consent to
prefer to have a bill such as we had before the Senate a few
dispense with the yeas and nays.
The PRESIDEN T pro tempore. The Senator from Georgia days ago and to have these regulations which are o f such great
importance interpreted and the law interpreted by disinterested
asks unanimous consent to dispense with the yeas and nays.
Mr. SMOOT. I believe that under the rule that can not be people.
You can not by mere legislation trade wealth fo r labor. There
done, because o f the fact that we have called the roll four or
are many ways you can take opportunity away from labor by
live times on the same question.
The PRESID EN T pro tempore. Objection is made, and the legislation. I can recall when I grew up a boy that i f restric
roil will be called. Those in favor o f the amendment will, tions such as you have now placed upon labor had existed,
when their names are called, answer “ yea ” ; those opposed will when I undertook to make my way single handed and alone,
I would have been to-day laboring in the ditch with those who
answer “ nay.”
have been laboring there for many years.
The Secretary proceeded to call the roll.
Opportunity is the greatest asset that the American wage
Mr. CHAM BERLAIN (when his name was called). I desire
to make the same transfer o f my pair that I did awhile ago earners have. I come from a part o f the country where (lie
people are in favor o f a liberal construction o f the immigration
and I ask that it may stand for the evening. I vote “ nay.”
Mr. SM ITH o f South Carolina (when his name was called 1. laws. The jieople in my State, in many localities, have been
I again announce my pair with the Senator from Delaware [Mr. holding meetings and conventions discussing the importance at
R ichardson 1 and the transfer o f that pair to the Senator from securing immigrants fo r that State. I wish to read a short
article which I clipped from the Williston Graphic, North D a
Tennessee [Mr. W e b b ] , J vote “ nay.”
Mr. STONE (when his name was called). T transfer my kota. It is headed “ Immigration Commission.”
standing pair with the Senator from Wyoming [Mr. C l a r k ] to
The W illiston Commercial Club has passed resolutions indorsing house
bill No. 271—
the Senator from Florida [Mr. F l e t c h e r ] . I vote “ nay.”
The roll call having been concluded, the result was an
That is a Dill pending before the North Dakota Legislative
nounced— yeas 0, nays 48, as fo llo w s:
Assembly—
/
NAYS—48.
\
i
and has forwarded a copy of the resolutions to the legislature at
Mr. GRONNA. Present.
The PRESID EN T pro tempore. The question recurs upon
the amendment.
Mr. SMITH o f Georgia. The amendment, as I understand, is
that proposed by the Senator from Colorado [Mr. G u g g e n
Martin, Va.
Myers
Newlands
O’Gorman
Page
Penrose
Percy
Pittman
Poindexter
Pomerene
Sheppard
Shively
Ashurst
Bankhead
Borah
Bourne
Brady
Bristow
Brown
Bryan
Catron
Chamberlain
Clapp
Crawford
Cummins
Curtis
Fall
Gallinger
Gardner
Gore
Johnson, Me.
.Tones
Kavanaugh
Kenyon
La Follette
Lea
Bacon
Bradley
Brandegce
Briggs
Burnham
Burton
Chilton
Clark, Wyo.
Clarke, Ark.
Crane
Culberson
Cullom
NOT VOTING— 47.
Lippitt
Dillingham
Dixon
Lodge
du Font
McCumber
McLean
Fletcher
Foster
Martine, N. J.
Nelson
Gamble
Oliver
Gronna
Overman
Guggenheim
Owen
Hitchcock
Paynter
Jackson
Perkins
Johnston, Ala.
Kern
Itced
Simmons
Smith, Ariz.
Smith, Ga.
Smith, Mich. A
Smith, S. C.
Smoot
Stone
Sutherland
Swanson
Townsend
W illiam s
Works
Richardson
Root
Smith, Md.
Stephenson
Thomas
Thornton
Tillman
Warren
Watson
Webb
Wetmorc
So Mr. G u g g e n h e i m ’ s amendment was rejected.
Mr. GRONNA. I move that the Senate adjourn.
Mr. BORAH. Will the Senator withhold that for a moment?
The PRESID EN T pro tempore. Does the Senator from North
Dakota withhold his motion?
Mr. GRONNA. I w ill do so.
Mr. BORAII. I ask that the- Senate do not adjourn.
Mr. GRONNA. I withdraw my motion to adjourn and I will
offer the following amendment. On page 3 o f the bill, I move
to strike out all o f lines 10, 11, 12, and 13, and to insert in lieu
thereof the follow ing:
Children’s Bureau, the—
The PRESIDENT pro tempore. The amendment w ill be
stated.
The S ecretary . On page 3, strike out lines 10, 11, 12, and
13, in the following w ords: “ Commissioner General o f Immi
gration, the commissioners o f immigration, the Bureau o f Im
migration and Naturalization, the Division o f Information, the
Division o f Naturalization, and the Immigration Service at
large, the,” and insert in lieu thereof “ Children’s Bureau, the,”
so as to rea d :
S f c . 3. That the following-named officers, bureaus, divisions, and
.
branches of the public service now and heretofore under the jurisdiction
of the Department of Commerce and Labor, and all that pertains to the
same, known as the Children's Bureau, the Bureau of Labor, and the
Bismarck.
House hill No. 271 is a bill for the creation and maintenance o f a
North Dakota publicity and immigration commission.
The object of
such bureau and commission would be to place before the prospective
Immigrants from other States, and the world at large, the opportuni
ties afforded in North Dakota. Also that through this bureau desirable
immigrants could be aided in securing homes within the State.
Gov. Hanna, previous to his inauguration, pointed out the many
things that could be accomplished for the State through the establish
ment of such a bureau, and indorsed its establishment. The hill was
introduced by W . G. Owens, of this city.
Mr. KENYON. Mr. President-----The PRESID EN T pro tempore. D ocs the Senator from North
Dakota yield to the Senator from Iow a?
Mr. GRONNA. For a question.
Mr. KENYON. I rose to move an adjournment.
Mr. GRONNA. Mr. President, I do not want to detain the
Senate much longer, but I feel that this is a question o f such
importance that I should like to discuss it further, unless the
Senate-----Mr. KENYON. The discussion is very interesting, indeed; but,
at the same time, we can proceed in the morning ju st as well.
Mr. GRONNA. Still, o f course, if through fatigue, owing to
the strenuous work we have been going through, an adjourn
ment is necessary-----Mr. KENYON. W e are more likely to be in a receptive atti
tude to listen to the discussion in the morning. I move that
the Senate adjourn.
Mr. GRONNA. I have the floor. I did not yield for that
purpose.
The PRESID EN T pro tempore. The Senator from North
Dakota w ill proceed.
Mr. GUGGENHEIM. Mr. President, I suggest the absence
o f a quorum. The Senator from North Dakota is making a
very interesting speech, and there should be a quorum here.
The PRE SID EN T pro tempore. The Senator from Colorado
suggests the absence o f a quorum. The roll w ill be called.
Mr. KENYON. Mr. President, I rise to a question o f order.
The Senator from Colorado did not have the floor any more
than I had it when I made my motion.
The PRESID EN T pro tempore. The rules provide that a
Senator cun suggest the absence o f a quorum at any time. The
roll w ill be called.
Mr. SM ITH o f Georgia. D ocs the Chair rule that a Senator
can take another off his feet to suggest the absence o f a quorum?
The PRESID EN T pro tempore. The Chair does so hold.
Mr. SM ITH of Georgia. I just asked for information.
191° ,
iO
COXGRESSIONAL RECORD— SENATE.
3021
tr y ; and until the time shall come that we can appropriate
_ Mr. SM ITH o f Michigan (when his name was called). I de
more money to all these people, unskilled as well as skilled sire to transfer my pair with the junior Senator from Missouri
labor; until the time comes that those who are engaged in the [Mr. R eed ] to the Senator from Ohio [Mr. B u r t o n ] and v o te
industries o f this country can be paid higher wages— and I ex I vote “ nay.”
The roll call was concluded.
press the hope that the time w ill come— we must draw the line
somewhere.
Mr. CHAMBERLAIN. I have a pair with the junior Senator
from Pennsylvania [Mr. O l iv e r ] . I transfer that pair to the junior
Mr. GUGGENHEIM. Mr. President-----The PRE SID EN T pro tempore. Does the Senator from North Senator from Colorado [Mr. T h o m a s ] and vote. I vote ‘ : nay.”
Dakota yield to the Senator from Colorado?
Mr. NELSON (after having voted in the negative). I voted
through a mistake. I have a general pair with the senior Sena
Mr. GRONNA. I yield to the Senator.
Mr. GUGGENHEIM. I Suggest the absence o f a quorum.
tor from Georgia [Mr. B a c o n ] . I withdraw my vote on that
The PRE SID EN T pro tempore. The Senator from Colorado account.
suggests the absence o f a quorum. The Secretary w ill call the
Mr. STONE. I have a general pair with the Senator from
roll.
Wyoming [Mr. C lark ]. He does not seem to be present, and I
withhold my vote.
The Secretary called the roll, and the following Senators
Mr. SMITH o f South Carolina. I have a general pair with
answered to their names;
Ashurst
Crawford
Jones
Shively
the junior Senator from Delaware [Mr. R'ict tard so n ] . I should
Bankhead
Cummins
Kavanangh
Simmons
like to know if that Senator has voted.
Borah
Curtis
Kenyon
Smith, Ariz.
The PRESIDEN T pro tempore. The Chair is informed that
Bourne
Dillingham
La Follette
Smith, Ga.
that Senator has not voted.
Bradley
Fall
Lea
Smith, Mieh.
Bristow
Gallinger
Martin, Va.
Smoot
Mr. SM ITH o f South Carolina. Then I withhold my vote.
Brown
Gamble
Mvers
Stone
The result was announced—yeas 17, nays 31, as follow s:
Bryan
Gardner
Page
Sutherland
Catron
Gore
Penrose
Swanson
YEAS— 17.
Chamberlain
Clapp
Clarke, Ark.
Guggenheim
Johnson, Me.
Johnston, Ala.
Poindexter
Pomerene
Sheppard
Townsend
Williams
Works
The PRE SID EN T pro tempore. Forty-eight Senators have
answered to their names. A quorum o f the Senate is present.
Mr. GRONNA. Mr. President, this is one o f the most impor
tant measures we have had before Congress this session. I
believe every provision that affects labor is entitled to the most
careful consideration. I do not wish to state authoritatively,
but if my recollection serves me right the average pay o f labor
ers in this country, outside o f those who are in the Government
service, is between three and fou r hundred dollars per year.
Those very conditions are confronting the American people. I f
the question could be settled by simply increasing the wage
scale, it would be an easy matter to dispose o f i t ; but it enters
into the question o f the high cost o f living. W e can not appro
priate large sums o f money without taxing the American people.
1 4 it were possible to tax those who can best afford to bear the
burden, no one would be more willing than I to do so.
I am not a member of this committee. I have not gone into
the details o f this particular item; but I have heard the argu
ment made by the Senator from Kansas [Mr. B ristow ], and I
believe his statement is logical. I am sure this committee has
tried to do justice to all those who are in the employ o f the
Government. It is not a question alone o f raising the salaries
o f these particular m en ; the question is, W hat are we able to do
fo r all these people?
I f it were possible to take from those who receive higher
wages, myself included— if a proposition o f that kind were
made, to lake from those who receive higher salaries and give
to those who receive lower salaries— I should vote fo r it. But
that is not the question here. The question is, Can we, under
existing circumstances, increase the pay o f the men who are
doing this particular work any more than it has been incieased
by this committee?
„
. „
Mr. President, I do not intend to delay the Senate further
upon this particular question, as there are several items m the
bill upon which I want to be heard. There are many pro
visions in the bill which are o f the greatest importance not only
to the laboring men but to the people o f the entire country. It
is a bill that carries $285,000,000, and I believe it should he
given the most careful consideration.
I have not had time to look into all the provisions o f the hill
ns carefully as I would like to do. I had hoped that we would
have time at least until to-morrow to consider the most im
portant features o f this bill, but I understand that the chair
man o f the committee is anxious to have it passed before we
adjourn.
Mr. President, I shall not delay the Senate any longer upon
this item o f the bill, because, as I said, I shall ask to be heard
later on.
The PRESID EN T pro tempore. The question is on agreeing
to tlie first amendment reported by the committee, on page 12,
which w ill be stated.
The Secretary. On page 12, lines 1 and S, strike out
“ 5,480 ” and insert “ 2,730,” so as to rea d :
Clerks and clerks in charge of stations, 2,<30, a t not exceeding $800
each.
Mr. CURTIS. I ask for the yeas and nays.
The yeas and nays were ordered, and the Secretary proceeded
to call the roll.
The PRE SID EN T pro tempore (when Mr. Gallinger’ s name
was called ). I am paired with the junior Senator from New
iT
ork [M r. O’ Gorman ],
Bankhead
Borah
Bourne
Brady
Bristow
Ashurst
Bradley
Brown
Chamberlain
Clapp
Crawford
Cummins
Curtis
Bacon
Brandegee
Briggs
Burnham
Burton
Chilton
Clark, W yo.
Clarke, Ark.
Crane
\Culberson
Cullom
Dillingham
Bryan
Kavanaugh
Catron
Lea
Gore
Martin, Va.
Gronna
Smith, Ga.
Johnston, Ala.
Smoot
N A Y S — 31.
Fall
Page
Gardner
Paynter
Guggenheim
Penrose
Johnson, Me.
Percy
Jones
Pittman
Kenyon
Poindexter
La Follette
Pomerene
Myers
Sheppard
NOT VO TIN G — 47.
Dixon
McLean
du Pont
Martine, N. J.
Fletcher
Nelson
Foster
Newlands
Gallinger
O’Gorman
Gamble
Oliver
Hitchcock
Overman
Jackson
Owen
Kern
Perkins
Lippitt
Reed
Lodge
Richardson.
McCumber
Root
U ’,
f--
it
KX.
Sutherland
Swanson
Shively
Simmons
Smith, Ariz.
Smith, Mich.
Townsend
W illiam s
Works
Smith, Md.
Smith, S. C.
Stephenson
Stone
Thomas
Thornton
Tillman
Warren
WatsgM'
Webb
Wetmore
V '
So the amendment o f the committee was rejected.
Mr. BOURNE. -In view o f tlie fact that the Senate has dis
agreed to a portion o f the amendment o f the committee on page
12 and that the whole paragraph has to be taken together, I ask
the Senate to disagree to the committee recommendation in
order to perfect the section.
The PRESIDEN T pro tempore. The question is on agreeing
to the second amendment.
The amendment was rejected.
The next amendment o f the Committee on Post Offices and
Post Roads was, beginning in line 13, on page 32, to strike out
the follow ing p roviso:
Provided, That after June 30. 1913, the first grade for clerks and
carriers shall be abolished and that appointments shall be made to the
second grade, salary $800 ; and that clerks and carriers at first-class
offices shall be promoted successively to the fifth grade and clerks and
carriers at second-class offices shall be promoted successively to the
fourth grade.
The amendment was rejected.
Mr. BORAH. I wish to ask the Senator from Oregon i f he
is not willing to lay aside the bill for a time?
Mr. BOURNE. A t the request o f the Senator from Idaho I
will ask to lay aside the further consideration o f the Post Ofiice
appropriation bill at the present time.
The PRESID EN T pro tempore. The Senator from Oregon
asks unanimous consent that the bill be temporarily laid aside.
Is there objection?
Mr. GUGGENHEIM. I object.
The PRESIDEN T pro tempore. The Senator from Colorado
objects.
Mr. BORAH. I move that the Senate proceed to the con
sideration o f House bill 22913, to create a Department o f Labor,
notwithstanding the objection.
The PRESIDEN T pro tempore. The Senator from Idaho
moves that the Senate proceed to the consideration o f House bill
22913, to create a Department o f Labor.
Mr. SMOOT. I am not going to object to that at all. I
simply want to call the attention o f the Senate to it. Is it a
violation o f the unanimous-consent agreement? I f not, I have
not anything more to s a y ; but it seems to me that it is a viola
tion o f the unanimous-consent agreement.
Mr. BORAH,
Does the Senator object?
>
-r
CONGRESSIONAL RECORD— SENATE.
F ebruaky 25,
Mr. SMOOT. N o ; I do not object further than that is seems from Massachusetts stated that he did not him self desire to
to me that a unanimous-consent agreement w ill take a unani offer this amendment, and thought that it was not well that it
mous consent to change it, and not a vote o f the Senate.
should be adopted. I hope it will not be adopted, as it changes
Mr. BOIIAH. The unanimous-consent agreement is that it the entire bill and would undoubtedly defeat the bill so far as
is not to interfere with appropriation bills. The Senator from the present session is concerned.
The effect o f this amendment is simply to abolish the DepartOregon has asked to lay aside the appropriation bill, and I do
not think, therefore, that it is an interference with the agree men o f Commerce and to transfer a number o f departments
which are now under the Department o f Commerce and Labor
ment.
The PRESID EN T pro tempore. But the request o f the Sena to the Treasury Department, and to leave to it alone the creation
tor from Oregon was objected to, and it is not laid aside. The o f the Department o f Labor. It would raise an issue, o f course,
appropriation bill is before the Senate at the present time which it would be impossible to dispose o f at this session, be
cause there qre a great many people who are opposed to abol
unless it is displaced.
Mr. SWANSON. That is what I was going to suggest. Can ishing the Department o f Commerce. I trust, therefore, that
the amendment w ill not carry.
a motion be made to displace the appropriation bill?
The PRE SID EN T pro tempore. The question is on agreeing
The PRE SID EN T pro tempore. Certainly.
to the amendment proposed by the Senator from Colorado [Mr.
DEPARTMENT OF LABOR.
G u g g e n h e im ].
Mr. BORAH. I move that the Post Office appropriation bill
be laid aside for this evening.
The PRESID EN T pro tempore. The Senator from Idaho
moves that the Post Office appropriation bill be laid aside for
the remainder o f the evening. The question is on agreeing to
the motion.
The motion was agreed to.
Mr. BORAH. I ask, under the unanimous-consent agreement,
that the bill (II. It. 22013) to create a department o f labor be
proceeded with.
The PRESID EN T pro tempore. The Senator from Idaho
moves to proceed to the consideration o f the bill.
Idle motion was agreed to,.
Mr. GUGGENHEIM. , I'suggest the absence o f a quorum.
The PRESIDENT,qrf'o tempore. The Senator from Colorado
suggests the absence o f a quorum. The roll w ill be called.
The Secretary called the roll, and the follow ing Senators
answered to.tinair nam es:
Asliurst
/
Bankliead
Borah
/
Bourne /
Brady
BristolBrown
Bryan/
Catron
Chaniberlain
Clapn
Clarlle, Ark.
Crawjford
Cummins
Curtis
Fall
Gallinger
Gardner
Gore
Guggenheim
.Johnson, Me.
.Tones
Kavanaugh
Kenyon
La Follette
Lea
Martin, Ya.
Myers
Page
Paynter
Penrose
. Percy
Pittman
Poindexter
Pomerene
Sheppard
Shively
Simmons
Smith, Ariz.
Smith, Ga.
Smith, Mich.
Smith, S. C.
Smoot
Stone
Sutherland
Swanson
Townsend
Williams
Works
Thte PRESID EN T pro tempore. F ifty Senators have an
swered to their names. A quorum o f the Senate is present.
Mr. BORAH. I ask that the bill may be read for action on
committee amendments.
The PRESIDEN T pro tempore. The Chair is informed that
the bill has been read and the committee amendments have
been agreed to.
Mr. BORAH. T desire to offer an amendment at this time.
Mr. GUGGENHEIM. In order to be fam iliar with the bill,
I should like to have it read again.
The PRESID EN T pro tempore. Without objection, the bill
will be again read.
Mr. BORAH. I object to its reading.
The PRESIDEN T pro tempore. It is objected to.
Mr. BORAH. I presume the Senator is fam iliar with it or
he would not be objecting to its consideration.
Upon page 7 o f the bill, in line 13, I move to strike out
“ O ctober” and insert “ March,” and to strike out the word
“ first ” and insert “ fourth,” and, in line 14, to strike out
“ twelve ” and insert “ thirteen,” so as to rea d :
That this act shall take effect March 4, 1913.
The PRESID EN T pro tempore. The question is on agreeing
to the amendment proposed by the Senator from Idaho.
The amendment was agreed to.
Mr. GRONNA. I have an amendment here that I wish to
offer, but I have misplaced it. I yield to the Senator from
Colorado, who wishes to offer an amendment.
Mr. GUGGENHEIM. I hold in m y hand the amendment
offered b y the Senator from Massachusetts [Mr. L odge ] , which
I send to the desk.
The PRESIDENT pro tempore. The Senator from Colorado
submits an amendment, which w ill be read.
The S e c r e t a r y . It is proposed to strike out all down to the
w ord “ and,” in line 7, page 2, and to insert “ That.”
The PRESIDEN T pro tempore. The question is on agreeing
to the amendment proposed by the Senator from Colorado.
Mr. BORAH. This is an amendment which was prepared
by the Senator from Massachusetts [Mr. L odge ], and while, of
course, it is proper for anyone to offer an amendment if he de
sires to do so, nevertheless I desire to say that the Senator
Mr. GUGGENHEIM. On that I ask for the yeas and nays.
The yeas and nays were not ordered.
Mr. GORE. I ask fo r a division.
There were, on a division—ayes 2, noes 34.
The PRESID EN T pro tempore. Not a quorum has vot
Mr. GORE. Did the vote disclose the lack o f a quorum?
The PRESID EN T pro tempore. The Chair so announced.
Mr. GORE. I desire to submit a motion, but will withhold
for a minute.
The PRESID EN T pro tempore. The roll will be called.
The Secretary called the roll, and the folow ing Senators an
swered to their names:
Asliurst
Bankhead
Borah
Bourne
Brady
Bristow
Brown
Bryan
Catron
Chamberlain
Clapp
Crawford
Cummins
Curtis
Fall
Gallinger
Gardner
Gore
Johnson, Me.
Jones
Kavanaugh
Kenyon
La Follette
Lea
Martin, Ya.
Myers
O ’Gorman
Page
Paynter
Penrose
Percy
Pittman
Poindexter
Pomerene
Sheppard
Shively
Simmons
Smith, Ariz.
Smith, Ga.
Smith, Mich.
Smith, S. C.
Smoot
Stone
Sutherland
Swanson
Townsend
Williams
Works
The PRE SID EN T pro tempore. Forty-eight Senators have
answered to their names. A quorum o f the Senate is present.
The question is on the amendment o f the Senator from Col
orado [Mr. G u g g e n h e im ]-,' on which a division has been de
manded.
The question being put, there were, on a division— ayes 0,
noes 37.
The PRESID EN T pro tempore. No quorum has voted.
Mr. SM ITH o f Georgia. I call for the yeas and nays.
,
The yeas and nays were ordered.
Mr. BR ISTO W . Mr. President, before the roll is called I de
sire to say that I had determined that I would not vote for any
additional Cabinet officer. I very much prefer that the present
Department o f Commerce and Labor should be made the De
partment o f Labor. I think it should have been originally a
Department o f Labor, and the commercial divisions and bureaus
that have been transferred to it should have been left with the
Treasury Department, where they belong; but because o f the
statement o f the Senator from Idaho [Mr. B o r a h ] that that is
not practicable and could not be done now, I, with reluctance,
shall vote against the amendment. I do so reluctantly, because
I think the Cabinet is large enough now. As I have said, it
would certainly be better to make the Department o f Commerce
and Labor a Department o f Labor, with all the functions which
the Department o f Labor when created w ill have, and not en
cumber the Cabinet with an additional officer.
The PRESID EN T pro tempore. The question is on the
amendment submitted by the Senator from Colorado [Mr. G ug
g e n h e i m ].
The roll w ill be called.
The Secretary proceeded to call the roll.
Mr. SM ITH o f Georgia (when Mr. B a c o n ’ s name was called).
I desire to state that my colleague [Mr. B a c o n ] has been indis
posed from a severe cold for several days, and on account o f his
health could not come out to-night.
Mr. SM ITH o f South Carolina (when his name was 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 Ten
nessee [Mr. W e b b ] and vote. I 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 ]. In his ab
sence I withhold my vote. I f permitted to vote, I should vote
“ nay.”
Mr. SUTHERLAND (when his name was called). I in
quire whether the Senator from Arkansas [Mr. C l a r k e ] has
voted.
The PRESID EN T pro tempore. The Chair is informed that
that Senator has not voted.
1913
CONGRESSIONAL RECORD— SEN A TE.
Mr. SM ITH o f South Carolina. I have a general pair with
the Senator from Delaware [Mr. R i c h a r d s o n ] , who is not
present, and I therefore withhold my vote.
Mr. W AR REN (when his name was called). I transfer my
pair with the senior Senator from Louisiana [Mr. F o s t e r ] to
the Senator from South Dakota [Mr. G a m b l e ] and will vote.
I vote “ yea.”
The roll call w as concluded.
Mr. BRIGGS. I transfer my pair with the senior Senator
from West Virginia [Mr. W atson ] to the junior Senator from
Pennsylvania [Mr. O l iv e r ] and will vote. I vote “ yea.”
Mr. CHAMBERLAIN. I transfer the pair I have with the
junior Senator fr o m Pennsylvania [Mr. O l iv e r ] to the senior
Senator from West Virginia [Mr. W a t s o n ] and w ill vote. I
vote “ yea.”
Mr. DILLINGHAM . In the absence of the senior Senator
from South Carolina [M r . T i l l m a n ], with whom I have a pair,
I transfer that pair to the Senator from Wisconsin [Mr. S t e p h
e n s o n ] and w ill vote.
I vote “ yea.”
Mr. PERKIN S (after voting in the affirmative). I inquire if
the junior Senator from North Carolina [Mr. O v e r m a n ] has
voted?
The PRESID EN T pro tempore. The Chair is informed that
that Senator has not voted.
Mr. PERKIN S. I have a general pair with that Senator, and
will therefore withdraw my vote.
Mr. PAYN TEIl (after having voted in the affirmative). I
inquire if the se n io r Senator from C o lo r a d o , [Mr. G u g c e n h e i m ]
has voted ?
The PRESID EN T pro tempore. The Chair is lhfqrmed that
that Senator has not voted.
Sir. PAYNTEE. I have a general pair with the SenatoXfrom
Colorado. I transfer that pair to the Senator from Mississippi
[Mr. P e r c y ] and will allow my vote to stand.
The result was a n n ou n ced — yeas 35, nays 26, as f o l l o w s :
Bankhead
Bourne
Bradley
Brandegee
Briggs
Burnham
Catron
Chamberlain
Clapp
Borah
Brady
Lristow
Bryan
Clarke, Ark.
Cummins
Gore
Ashurst
Bacon
Brown
Burton
Chilton
Crane
Culberson
Cullom
Lixon
Y EAS— 35.
Kavanaugh
Lodge
McLean
Martin, Ya.
Page
Paynter
Penrose
Poindexter
Root
N AY S— 26.
O ’Gorman
Hitchcock
Owen
Johnson, Me.
P ittm a n
Johnston, Ala.
P om erene
Kenyon
Sheppard
Kern
Shively
Lea
Simmons
Myers
NOT VOTING— 34.
Martine, N. J.
du Pont
Nelson
Foster
Ncwlands
Gamble
Oliver
Gardner
Overman
Gronna
Percy
■Guggenheim
Perkins
La Follette
Reed
Lippitt
Richardson
McCumber
Clark. Wyo.
Crawford
Curtis
Dillingham
Fall
Fletcher
Gallingcr
Jackson
Toacs
Smith, Md.
Smith, Mich.
Smoot
Sutherland
Swanson
Townsend
Warren
Wetmore
Smith, Ariz.
Smith, Ga.
Stone
Thomas
Williams
Smith, S. C.
Stephenson
Thornton
Tillman
Watson
Webb
Works
/
So the amendment was agreed to.
/
The reading of the bill was resumed.
The next amendment of the Committee on Public Buildings
a]id Grounds was, on page 53, after line 16, to insert as a new
section the follow in g:
S ec . 1 3 . That the acquisition by the commission hereinafter menlc< 0f a site and the erection thereon of a memorial building in the
?
in i ct ° f Columbia to commemorate the'sendees and sacrifices of the
myal women of the United States during the Civil W ar is hereby au'horized. The said building shall be monumental in design and charter and i
J
J-------AmonVnr
Kea Cross,
Id ^ sum tne UniLCU DUllUS S>U H u
a
U
n
m
n
--------'Je Payable, however, until there shall have been raised by private sub
scription by the Commandery of the State of New York of the Military
■$300*000 the Loyal Legi011
tlie PM tcd States an additional sum of
,
tv
. The money hereby authorized shall not be paid for any site nor toward
_ e construction of any memorial unless the site and the plan for the
by - —---- -t-iTT/i
Proposed buildin ? snail have been approved- J----- a commission consisting
‘ ' "
-l
+ llA
the Secretary0 o f War o f the United States
of the
Commanderv o f the State o f New York o f the Military Older or vne
resPectively, to act for them. The plans of the said memorial
L B k e w i s e be approved by the Commission of Fine Arts. The ex‘ “ flitiire for said site and memorial shall be made under the direction
commission consisting of the Secretary of W ar and the repreof the Commandery of the State of New York of the Military
Ci-n«r of lho Loyal legion of the United States and the American Red
sirvn t and tl)0 sai<l memorial shall be constructed under the superviof ur an officer of the Corps of Engineers appointed by the Secretary
inis' U’ who ylja11 ac't as tlie executive disbursing officer of the eoin-
The title to the site procured shall be taken by and the building
erected thereon shall be the property of the United States but the
American National Red Cross shall at all times be charged with and
be responsible for the care, keeping, and maintenance of the said memo
rial and grounds without expense to the United States, subject to such
further direction and control as may be provided by law.
Should the commission hereby created be unable to acquire a suit
able site at a price deemed by the commission to be fair, it is authorized
to institute condemnation proceedings, in accordance with the provisions
of the act of Congress approved August 30, 1800, providing a site for
the enlargement of the Government Printing Office <U. S. Stat. L., vcl.
26, ch. 8 3 7 ).
Mr. W ILLIAM S. Mr. President, I move to strike out, in line
20, page 53, the word “ loyal.”
The PRESIDEN T pro tempore. The amendment to tlie
amendment w ill be stated.
Tbe S e c r e t a r y . It is proposed to amend the committee
amendment, on line 20, page 53, before the word “ women,” by
striking out the word “ loyal,” so as t o make the amendment
read :
S ec . 13. That the acquisition by the commission hereinafter men
tioned of a site and the erection thereon o f a memorial building in the
District of Columbia to commemorate the services and sacrifices of the
women of the United States during the Civil War is hereby authorized__■
And so forth.
Mr. W ILLIAM S. Mr. President, $400,000 o f this money is
contributed from the Treasury o f the United States. The total
cost is to be $700,000, and I would be perfectly willing that tlie
entire $700,000 should he contributed from the Treasury o f the
United States; in fact, I think that ought to be done.
Mr. President, Mississippi and Mississippians are as much in
the Union to-day as Massachusetts and Massachusetts men and
women. The money in the Treasury is paid by the citizens o f
the entire country— by the citizens o f the South as much as by
the citizens o f the North. It would be a beautiful idea to erect
here a beautiful building to commemorate the courage, fortitude,
faithfulness, and sacrifices o f the women o f the United States
during the American war between the States. During the fou r
years o f that war there was neither in the ante helium nor in
the post helium sense any United States. There were a couple
Of congeries or groups o f formerly united and subsequently re
united but temporarily disunited States.
It seems to me the time has about come when, in connection
with the women at any rate, if not with the men,- we might
coinmemorate the courage and loyalty o f both sides. It seems
to ime that it is not contributing half so much to the glory of
th<» Republic to erect a beautiful building in commemoration of
th<i sacrifices and courage of the women o f only a part o f the
United States and leave uncommemorated the sacrifices and
services o f the women o f the other part o f the United States.
I jeave the question to the good sense o f the Senate.
Mr. ROOT. Mr. President, if this were an original proposi
tion, I should not hesitate for a moment to agree with the Sen
ator from Mississippi. I do not think I ought to let it go, howIffever, without calling the attention o f the Senate to the fact
| that this amendment is in the terms o f a bill which has already
passed the Senate. I feel that I ought to call attention to it,
because I think I reported that bill, and had charge o f it.
The bill came before a committee of which I was a member,
and w as considered on the basis o f the state o f facts that $300,000 had been subscribed fo r a building to commemorate the
services o f the loyal women o f the United States during the
Civil War, and that a change might imperil and lose that sub
scription. That is all. I f the Government were to make up
that subscription, I should be quite willing.
Mr. SM ITH o f Georgia. Mr. President, I should like to ask
the Senator from New York whether it would not be a great deal
better that the Government should make up the whole $700,000,
and pay this tribute to all o f the women o f our entire country,
than to put it in such shape that it would possibly estrange or
wound tbe feelings o f any o f them.
Mr. ROOT. That would be very agreeable to me, if the Gov
ernment would make it u p; but I do not feel like letting this
amendment pass sub silentio, so long as it might kill the whole
enterprise by destroying the $300,000 subscription.
Mr. SMITH o f Georgia. I desire to add a further amendment,
changing the $400,000 to $700,000, and then I w ill vote for the
provision.
Mr. W ILLIAM S. Mr. President, the Government o f the
United States is paying $400,000 o f this, whether it is paying
the total cost or n o t; and that, it seems to me, would answer the
objection that has been raised. But in order that there shall
be no objection, I now give notice that if this amendment shall
pass I shall move to strike out so much o f the provision as
makes it conditional upon the Commandery o f the Loyal Legion
o f the State o f New York paying $300,000.
Let us try to get together upon a common ground. Let us quit
making the United States Government the source of the celebra-
CONGRESSIONAL RECORD— SENATE.
F ebruary 20,
Mr. CLARK E o f Arkansas. Mr. President, one word. The
tion o f tlie courage, fortitude, and valor o f only one part o f tlie
United States. Especially is that the case when it comes to the pending amendment contemplates striking out the word “ loyal,”
question o f the women who suffered in silence— and in my sec leaving the balance o f the paragraph to stand. That would be
tion o f ihe country who frequently starved— who showed a somewhat incongruous in view o f all the provisions o f the sec
courage infinitely superior to that of the men, because they had tion. I agree with the suggestion o f the Senator from Massa
no shoulder-to-shoulder tou ch ; no hurrahing o f the men and chusetts [Mr. L o d g e ] , that all o f the amendments, or the re
formed and redrafted section, ought to be submitted as a substi
shouting o f the captains to keep them spirited up.
I give notice that if the amendment which I now offer shall tute for tlx? section as it now appears in the bill. W e would
pass I shall then move to strike out the $300,000 which the com- then know what we were voting upon. W e would have a con
mandery o f New York is expected to contribute and to have that crete proposition that would be in contrast with the one in the
bill, which is a wholly distinct proposition. I am not in favor
sum assumed by the United States.
Mr. ROOT. I suppose the Senator means to increase {he o f either.
Mr. W ILLIAM S. Mr. President, I can state, with the per
appropriation correspondingly?
Mr. W ILLIAM S. O f course; to increase the Federal appro mission o f the Senator from Massachusetts [Mr. L odge], who,
priation to $700,000. I will let the Senator from New York draw I believe, has the floor, how the provision would read after
making the full amendment. The first proposition was to
up the amendment to suit himself, so that that will fix it.
The PRESIDEN T pro tempore. The question is upon the strike out the w ord “ loyal.” The next would be to strike out
amendment submitted by the Senator from Mississippi to the the word “ of,” in line 5, page 53, and the next to strike out all
amendment o f the committee. [Putting the question.]- By the o f the balance o f that clause after the word “ contribute,” in
line 1, page 54, so that section 13 would read as follow s:
sound the ayes appear to have it.
Sec . 13. That the acquisition by the commission hereinafter men
Mr. BRISTOW . I should like a roll call on that, Mr. Presi
tioned of a site and the erection thereon of a memorial building in the
dent.
District of Columbia to commemorate the services and sacrifices of the
The PRESID EN T pro tempore. The Senator from Kansas women of the United States during the Civil W ar is hereby authorized.
demands the yeas and nays.
The said building shall he monumental in design and character and
shall be used as the permanent headquarters of the American Red Cross,
The yeas and nays were ordered.
and shall cost, with the site, not less than $700,000, which sum the
Mr. CLARKE o f Arkansas. I ask that the amendment as United States shall contribute.
finally proposed by the Senator from Mississippi may be again
Mr. CLARK o f Wyoming. Mr. President, I am in thorough
reported to the Senate. I understand it is proposed to strike
out the word “ loyal,” and to strike out and insert in other parts sympathy with the proposed amendment o f the Senator from
Mississippi [Mr. W i l l i a m s ] as a separate proposition; but it
o f the section.
seems to me the adoption o f the amendment would defeat the
Mr. W ILLIAM S. I am only offering that now.
The PRESID EN T pro tempore. The proposed amendment to purpose o f the committee amendment.
As I understand the committee amendment, it is probably in
the amendment w ill be stated.
The S ecretary . On page 53, line 20, it is proposed to strike serted at the suggestion o f the organization known as the Loyal
out the word “ loyal ” where it appears before the word “ women.” Legion, the membership o f which is confined to those who
Mr. W ILLIAM S. Mr. President, I ask the attention o f the fought upon the Union side during the Civil War. That or
Senator from New York. I move to strike out all on line 25, ganization proposes to raise, or has raised, $300,000 for a certain
page 53, after the amount “ $700,000,” and all on lines 3, 2, 3, definite purpose, to wit, the erection o f a memorial building in
memory o f the loyal women during the war between the States.
4, and 5 on page 54. Does not that accomplish the purpose?
The PRESIDEN T pro tempore. The Chair w ill call the at Now it comes and asks that the Government o f the United
tention o f the Senator from Mississippi to the fact that the States shall add to the $300,000 which it has raised for that
distinct purpose $400,000 out o f the General Treasury.
yeas and nays have been ordered.
It seems to me that the proposition o f the Senator from
Mr. W ILLIAM S. Oh, I beg the pardon o f the Chair.
Mississippi entirely takes the ground from under the proposi
Mr. LODGE. The matter is still open to debate, however.
tion as reported by the committee.
The PRESID EN T pro tempore. It is.
Mr. W ILLIAM S. I f the Senator w ill pardon me, the build
Mr. TOWNSEND. Mr. President, I desire to call the atten
ing would still be in commemoration o f the services and sacri
tion o f the Senator from Mississippi and the Senator from New
fices o f our mothers and sisters, and we ask for no money.
York, who are discussing the redrafting o f this provision, to the
Mr. CLARK o f Wyoming. The Senator must understand the
fact that there are other provisions in the bill which would have
to be redrafted also, because this whole proposition is to be proposition which he presents and the proposition which is pre
controlled by a commission, o f which the Loyal Legion o f New sented by the Loyal Legion are two separate and distinct propo
sitions. It occurs to me that way.
York is to furnish one member.
Mr. W ILLIAM S. I understand that.
Mr. ROOT. Mr. President, that need not be interfered with.
Mr. CLARK o f Wyoming. W hile I would be perfectly w ill
There is no reason to interfere with that.
Mr. TOWNSEND. I have very serious doubts whether the ing, and, indeed, very much gratified, to vote as an independent
Loyal Legion might wish to be connected with this matter at proposition for the amendment the Senator from Mississippi
all if they were to be denied the privilege o f concluding the presents, I do not think that I ought to take it as a substitute
plan which they originated, namely, o f contributing a fund, for the proposition which the Loyal Legion present as a sep
they having raised the first $300,000 and having proposed the arate matter.
Mr. W ILLIAM S. Mr. President, if the Senator w ill pardon
whole plan.
Mr. ROOT. They would not be denied the right o f contribut me a minute, there is nothing in this to prevent them from
ing because the Government o f the United States contributed using their $300,000 to commemorate what they choose. W e are
$700,000. I f they chose to come in with this subscription they merely including all that they want to commemorate in a
broader and more national commemoration.
could do it.
Mr. CLARK o f Wyoming. N o; but-----Mr. TOWNSEND. Does the Senator from New York think
Mr. W ILLIAM S. And in order that there may be no cause
they would want to do it?
to complain o f the broader purpose, because they are contribut
Mr. ROOT. I do not know, Mr. President.
Mr. LODGE. Mr. President, I should like to suggest that I ing, we do the work ourselves. Certainly, I take it, there will
be no complaint on their part. The real object o f the building
think these amendments ought all to go together.
Mr. SWANSON. W ill the Senator from Massachusetts per is the occupancy o f it, and that w ill be for the American Red
Cross.
mit me to make a suggestion?
Mr. LODGE. Certainly.
Mr. CLARK o f Wyoming. Yet the Senator from Mississippi
Mr. SWANSON. I f the amendment offered by the Senator can not escape the conclusion-----from Mississippi [Mr. W illiams ] is adopted, as I hope it will
Mr. W ILLIAM S. And our women are in it as well as every
be and as it ought to be, the rest o f the bill can be very easily body else’s.
amended in accordance with his amendment. It seems to me,
Mr. CLARK o f Wyoming. And yet the Senator from Missis
when the roll call is taken on his amendment, if it is adopted sippi can not escape the conclusion that if we adopt his amend
the bill can be readily fixed to suit the amendment offered by ment we refu se'to contribute $400,000 to assist the Loyal Le
him.
gion in erecting the building which they have proposed to build.
Mr. LODGE. The whole paragraph would have to be re
Mr. W ILLIAM S. That is true. W e amend so as to con
drafted.
tribute $400,000 for a commemoration national-----Mr. SWANSON. Not necessarily. We could simply take
Mr. CLARK o f Wyoming. I want to vote $400,000 o f the
the first section and direct the Secretary o f W ar to construct money o f the United States to join with the Loyal Legion in
this building, to be the home o f the Red Cross, and let the others making this memorial that they want. Then I want to join the
contribute. It could be very easily reconstructed after the Senator from Mississippi to vote $700,000 for the memorial
adoption o f the amendment of the- Senator from Mississippi.
which he wants.
1913.
CONGRESSIONAL RECORD— SENATE.
I ana not ju st now willing to substitute the one for the other,
because I think there is merit in the proposition presented by
the committee.
Mr. TOWNSEND. Mr. President, I do not believe there is
R Senator in the Chamber who lias less o f sectional feeling than
I have. It never occurred to me that a man comes from either
ine North or the South, so far as any feeling harking back to
the past is concerned. I have quite as much respect for the
women o f the South as I have for the women o f the N orth; but
this proposition originated with the members o f the Loyal Legion. They present the proposition to us. The bill is drafted
and presented with the knowledge that it is a plan which they
have proposed. I f Senators on that side feel that this is a
inatter that would cast any reflection upon the women o f the
‘South, I would rather defeat the whole proposition-----Mr. W ILLIAM S. Does the Senator himself feel-----Mr. TOWNSEND. Let me finish my sentence. I would
Hither defeat the whole proposition than to treat the Loyal
Legion, whose plan this is, in a way that would seem to me
10 he most discourteous. I hope we have not reached the time
when this Government can not propose to honor the men and
their mothers and wives and daughters who made the Govern
ment possible without having attached to it a proposition to
divest it o f its patriotic intent. I shall feel obliged, under the
circumstances, to vote against the amendment.
Mr. W ILLIAM S. Does the Senator think there is anything
in my amendment that would keep the Loyal Legion from buildinS anything they wanted to commemorate anything they
wanted ? The only thing is that while this begins with the Loyal
Legion, it ends with us. W e sny we are willing to do what
3'ou want done and more, and we say to the Loyal Legion we
are willing not to take a dollar from you, provided you are
willing to make the application o f money to the commemoration
o f the women o f all the United States, who prayed and suffered
during the w ar between the States. The money that is in the
Treasury is put there as much by Mississippi, Louisiana, and
South Carolina as it is by Michigan and Massachusetts. We are
not now two separate groups o f disunited States.
Mr. TOWNSEND. I realize that quite as well as the Senator
from Mississippi does.
Mr. WILLIAMS. Then why take the public money to com
memorate solely the heroism of the women of one side?
-Mr. TOWNSEND. I f the Senator from Mississippi is op
posed to that, that is another proposition, but to change, re
vamp, reconstruct this proposition that was brought up is the
thing w e object to.
Mr. W ILLIAM S. But we are the legislative body, not the
Loyal Legion.
Mr. TOWNSEND. I realize that.
Mr. STONE. Mr. President, I am not so very overly sensi
tive about whether we have the word “ lo y a l” in the law or
h ot; I would rather it was not. Therefore, I will vote to
strike it out. The word “ lo y a l” as used merely indicates and
ls intended to indicate in its application here a class o f people
'vho fought upon one side o f that great civil strife. I do not
care much about that. I am opposed to this whole proposition,
'vhether you are going to appropriate the money to commemorate
the sacrifices o f the loyal women or the women o f the United
States, the women o f the North alone or the women o f the
North and South together.
Mr. President, on Eighteenth Street. I believe it is, near the
Speedway, there is a very beautiful structure erected there by
the Daughters o f the Revolution, the descendants o f the men
hr
ho fought to establish our independence in the struggle of
more than a century ago. I f we are to erect a building at
Public expense to commemorate the devotion and sacrifices o f
Joe mothers, wives, and daughters o f the soldiers who wore
Lm blue in that stupendous struggle o f half a century ago
between the States, or if we are going further and erect a
memorial building commemorative o f the loyalty in a broader
sense, the devotion and the sacrifices o f the mothers, wives, and
daughters o f the South and North alike, then why not go on along
this line and erect a memorial building to commemorate the
sacrifices, the loyalty, and the devotion o f the mothers, the
vdves, and daughters of. the soldiers who marched into Mexico
<U bore our banners across the wastes and won by their
ld
s>vords an empire and gave it to the United States? And we
Uiay go on and erect another one in commemoration o f the
sacrifices o f the women in the Spanish-Ainerican War.
1 think, Mr. President, that buildings o f this kind ought to be
constructed by contributions made l>y tiiose patriotically in
terested, as w as done in the construction o f the memorial build1 1 owned by the Daughters o f the American Revolution now
1g
standing in this city. I do not believe that the money collected
bi' taxation from the people is well expended in the construc
4043
tion o f establishments o f this character. It is, I will not say a
useless waste, but it is a useless and extravagant expenditure
o f money, and it ought not to be put in this bill. For one I
intend to vote against the proposition.
Mr. SM ITH o f Georgia. I ask that we pass over this para
graph and go on with the balance o f the bill.
The PRESID EN T pro tempore. The yeas and nays have
been ordered. The question is oil agreeing to the amendment.
Mr. W ILLIAM S. What is the request o f the Senator from
Georgia?
Mr. LODGE. It is not too late to pass the amendment over.
The PRESIDEN T pro tempore. The Chair thinks it is.
Mr. BRISTO W . I think we had better settle this question
now and not have any more agitation about it.
Mr. W ILLIAM S. So do I.
Mr. BRISTOW . It would not do any good to discuss it for
weeks and weeks.
The PRESIDEN T pro tempore. The Secretary will call the
roll on agreeing to Hie amendment o f the Senator from Mis
sissippi to the amendment o f the committee.
The Secretary proceeded to call the roll.
Mr. PAYNTER (when his name was called). I have a general
pair with the senior Senator from Colorado [Mr. G u g g e n h e im ] ,
In his absence, I withhold my vote.
Mr. PERKINS (when his name was called). I again an
nounce my pair with the junior Senator from North Carolina
[A ir. O v e r m a n ].
Mr. SM ITH o f Michigan (when his name was called ). I
again announce my pair with the junior Senator from Missouri
[Mr. R e e d ]. I transfer that p a ir to the Senator fr o m Rhode
Island [Mr. Lirrrrx] and vote “ nay.”
Mr. SM ITH o f South Carolina (when his name w as called ).
I a g a in a n n o u n c e m y pair w ith the Senator fr o m Delaware
[Mr. R ic h a r d s o n ], and withhold m y vote.
Mr. W AR REN (when his name was calied). I have a gen
eral p a ir with the senior Senator fr o m Louisiana [Mr. F o s t e r ] ,
who is absent from the Chamber. lie would doubtless vote
“ yea,” if he were present, and I would vote “ nay.” Under the
circumstances I withhold my vote.
The roll call was concluded.
Mr. DILLINGHAM . In the absence o f the senior Senator
from South Carolina [Mr. T i l e m a n ], with whom I have a gen
eral pair, I transfer that pair to the Senator from Wisconsin
[Mr. S t e p h e n s o n ] , and vote. I vote “ nay.”
Mr. CHAM BERLAIN (after having voted in the affirmative).
I have a pair with the junior Senator from Pennsylvania [Mr.
O l iv e r ]. I transfer that pair to the senior Senator from Nevada
[Mr. N ewlands ], and let my vote stand.
Mr. PERCY. I have a pair with the senior Senator from
North Dakota [Mr. M c C u m b e r ], I transfer that pair to the
Senator from Maine [Mr. G a r d n e r ] , and vote “ yea.”
Mr. CULBERSON (after having voted in the affirmative). I
have a general pair with the Senator from Delaware [Mr.
du P o n t].
In his absence I withdraw my vote.
Mr. SIMMONS. I desire to announce that my colleague [Mr.
Overman ] is absent, and is paired with (lie Senator from Cali
fornia [Mr. P e r k i n s ]. M y'oolleague is absent on account o f his
physical condition. I f he were present, he would vote “ yea.”
Mr. SM ITH o f South Carolina. I transfer my general pair
with the Senator from Delaware [M r. R ic h a r d s o n ] to the Sen
ator from Tennessee [M r. W e b b ] , and vote. I vote “ yea.”
Mr. SM ITH o f Georgia. I desire again to refer to the en
forced absence o f my colleague [Mr. B a c o n ], He w a s very
much interested in this matter, and had he been present he
would have voted “ yea.”
Mr. CULBERSON. I transfer my general pair with the Sen
ator from Delaware [Mr. d u P o n t ] to the Senator from Loui
s ia n a [Mr. T h o r n t o n ] , and vote. I vote “ yea.”
The result was announced— yeas 40, nays 24, as fo llo w s:
YEAS— 40.
Ashurst
Bankhead
Bourne
Bradley
Bryan
Catron
Chamberlain
Clarke, Ark.
Crawford
Culberson
Fletcher
Gore
Hitchcock
.Tohnson, Me.
.Tohnston, Ala.
Jones
Kavauaugh
Kern
Lea
Martin, Ya.
Brady
Brandegee
Briggs
Bristow
Burnham
Burton
Clapp
Clark, Wyo.
Cummins
Curtis
Dillingham
Fall
Martino, N. J.
Myers
O'Gorman
Owen
Penrose
Percy
Pittman
Poindexter
Pomereno
Sheppard
Shively
Simmons
Smith, Ariz.
Smith, Ga.
Smith, Md.
Smith, S. C.
Stone
Swanson
Thomas
Williams
N AY S— 24.
Gallinger
Jackson
Ivenyon
Lodge
McLean
Page
Boot
Smith, Mich.
Smoot
Sutherland
Townsend
Wetmore
4044
Bacon
Borab
Brown
Chilton
Crane
Cullom
Dixon
du I’ont
CONGRESSIONAL RECORD— SENATE.
NOT VOTING— 31.
Nelson
Foster
Newlands
Gamble
Gardner
Oliver
Gronna
Overman
Guggenheim
Paynter
La Follette
Perkins
Lippitt
Reed
McCumber
Richardson
Stephenson
Thornton
Tillman
Warren
W atson
Webb
Works
So Mr. W illiams ’ s amendment to tlie amendment of tlie com
mittee was agreed to.
Mr. W ILLIAM S. In keeping w ith what I announced, I now
move to strike out, on page 53, in line 25, the word “ of,” after
“ $700,000,” and on page 54, after the word “ contribute,” to
insert a period and strike out the balance o f line 1 and all o f
lines 2, 3, 4, and 5.
The PRESID EN T pro tempore.
The amendment to the
amendment will be stated.
Mr. WILLIAM S. In explanation I wT state that it merely
ill
Strikes out the amount o f money to be contributed by the Loyal
Legion and makes the entire expense o f the total, $700,000, fall
upon the Treasury o f the LT
nited States.
Mr. SMITH o f Georgia. Mr. President, it seems to me that
the section must be so completely rewritten that we might pass
it over now and go on with the balance o f the bill.
The PRE SID EN T pro tempore. Is there objection to the
request o f the Senator from Georgia?
Mr. BRISTOW . I would rather dispose o f it now.
The PRESIDEN T pro tempore. Objection is made. The
amendment submitted by the Senator from Mississippi to the
amendment will be stated.
Mr. STONE. I ask for the yeas and nays on agreeing to it.
Mr. W ILLIAM S. Mr. President, one word. O f course this
w ill require later on some other amendments. I have marked
them all, and w ill get the whole thing in accord with this amend
ment. There is no use passing it over at all.
The PRESIDEN T pro tempore. The amendment proposed by
the Senator from Mississippi to the amendment o f the com
mittee will be stated.
The S e c r e t a r y . On page 53, line 25, strike out the word “ of,”
before the word “ which,” and on page 54, line 1, strike out,
beginning with the numerals “ $400,000,” the remainder o f the
paragraph, so that if amended it will read:
And shall cost, with the site, not less than $700,000, which sum the
United States shall contribute.
The PRESID EN T pro tempore.
The question is on the
amendment to the amendment.
Mr. STONE. Mr. President, I think we ought to have the
yeas and nays, and I call for the yeas and nays.
The yeas and nays were ordered.
Mr. STONE. Mr. President, I desire to say a word. It is
clear to me that it would be an exceedingly great mistake to
establish a precedent o f this kind. It would be a wrong ex
penditure of the public money. Certainly this proposition would
not have been in this bill—is not that a fact?— except because
the Loyal Legion o f New York raised by subscription $300,000
to construct a memorial building commemorative o f the suffer
ings o f the women o f the Northern States during the w ar of
1861-1865. Those splendid women o f the North have organ
ized their societies, scattered broadcast throughout the States
in which they live, and have the beautiful patriotic wish to
erect a- building commemorative o f the devotion o f themselves
and o f their mothers during the period o f that great struggle
between the States. They had a right to do that. Any move
ment by them in that direction should command our highest
respect. So likewise would the women o f the South if they
care to do so— and I am not sure that that has not been at
tempted in some sections o f the South— to raise money by sub
scription to commemorate the suffering, the patriotism, the
loyalty o f the women o f that section.
Mr. President, when we go outside o f those individual or
concerted efforts to use the public funds o f the Nation to con
struct edifices o f this character it does not for one moment
appeal to me. There is no more reason why w e should take
money to construct a building o f this kind than that we should
construct one, as I have already said, commemorative o f the
suffering o f the women whose lives were identified with other
great struggles in which the United States was engaged. I
think the whole proposition embraced in this provision should
be eliminated. I intend to vote against this kind o f an appro
priation.
Mr. WILLIAM S. Mr. President, I do not agree with the Sena
tor from Missouri [Mr. Stone]. I do not believe that a peo
ple’s life is entirely an immaterial thing. I think that it is as
noble o f a nation to commemorate the heroism and constancy
o f its dead as it is o f a son to erect a monument upon his
father’s grave, and I do not consider either a waste o f money.
E e BRUAEV 26,
W hat constitutes a nation is neither its wealth nor its area;
it is its traditions, its ideals. It is the soul politic and not the
body politic that makes the nation and constitutes the greatness
o f a government.
I w ill be glad to see a monument erected to the heroic women
o f the North and o f the South, and I hope it w ill be such a
beautiful building that it may go down in all history as a com
memoration equal in beauty and chastity to that which was
erected by the great Mohammedan Sultan to his deceased wife,
so that it shall contain at one and the same time a beauty of
thought, a beauty o f life, and a beauty o f architecture. There
is nothing in this that will prevent somebody at some time or the
National Government at some time erecting a monument to
commemorate the heroism o f its various other heroes whom the
Senator has mentioned.
To say that a nation shall never commemorate in granite and
in marble and in noble architecture the heroism o f the fore
fathers o f the nation is to say that the nation shall shrivel up
and become a mere material thing, without soul and without
sentiment and without poetry, that makes soul and sentiment.
Some people say that sentiment is rot, unworthy o f govern
mental notice. It is the only thing in the world that is not rot.
That is rot which can decay and go back to the earth. The
form o f the strongest man, o f the most beautiful woman, o f the
sweetest and healthiest-looking child, stocks and bonds, and the
rest o f it, but there is ju st one thing that never dies, and that
is an ideal, a sentiment, a noble purpose transplanted from one
human breast into another, to go traveling down the ages for
all time. It is much better to spend money to commemorate the
greatness o f the heroes who have made a country than it is to
spend money to improve present material welfare. So far as
that is concerned, I do not agree with the Senator from Missouri.
Now, then, one more word in explanation o f the amendment
which I have offered and o f the suggestion made by the Senator
from Georgia [Mr. Sm ith ]. The Senator from Georgia says
there are other parts o f the bill that ought to be amended in
order to be in keeping with this. Mr. President, I read just
below the follow ing:
The money hereby authorized shall not he paid for any site nor to
ward the construction of any memorial unless the site and the plan for
tlie proposed building shall have been approved by a commission con
sisting of the Secretary of W ar of the united States, a representative
of the Commandery of the State of New York of the Military Order of
the Loyal Legion of the United States, and a representative of the
American Red Cross.
To show the spirit which actuates me, at any rate, in mak
ing the motion that I have made, I want to leave, as a mem
ber o f that commission, the representative o f the Order o f the
Loyal Legion o f the State o f New York, and let these plans be
submitted to him as well as to the other two commissioners. A
Senator upon the other side o f the vote a second or two ago—
I do not mean upon the other side o f the Chamber— said to me
that this amendment o f mine defeated the purpose o f the Loyal
Legion o f New York. I do not believe it does; I do not think
that meanly o f them. I do not believe that they w ill think
that their purpose in commemorating the heroism and the sacri
fice o f their women has been defeated because, at the same
time, we are commemorating the heroism and sacrifices o f our
women, equally noble and equally brave and equally Am eri
can— remember that. But if it should be so, then I would leave
the commissioner there, so that he might fail to approve it, if he
chose, and let the thing go by the board. I challenge that test
o f it. I therefore shall not move to strike out the representa
tive o f the Commandery o f the Loyal Legion merely to keep the
provision in harmony, because I want to illustrate to the Order
o f the Loyal Legion that it was meant by me, at any lflte, and
by all o f us, when we cast the vote a moment ago, for the’ pur
pose of accomplishing their purpose, to leave their representative
upon the board, to pass not only upon the plans and the expendi
ture o f the money and all that, but also upon our purpose. I
think too highly o f them to hesitate one moment in my own
thought as to what their conclusion shall be.
Mr. SUTHERLAND. Mr. President, I want to say a word,
and a word only, with reference to this matter. I "think the
discussion we have already had is unfortunate. I think the
motion which was carried to strike out the word “ loyal ” from
this bill was unfortunate.
This scheme originated, as I understand, with the Com
mandery o f the Loyal Legion. It is their proposition, not ours
They propose to contribute $300,000 to erect a monument to the
loyal women o f the Civil War, and the Government was asked
to contribute $400,000 to that same purpose. Now, we can either
accept their proposition or we can let it alone. It seems to me
that it is little less than an affront to the members o f this
legion to take their proposition and turn it into something
entirely different from that which they themselves originally
1913
CONGRESSIONAL RECORD— SENATE.
Mr. SM ITH o f Georgia. I ask for the yeas and nays.
The yeas and nays were ordered; and 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 Senator from Nebraska [Mr. B r o w n ]
and will vote. I vote “ nay.”
Mr. CHAM BERLAIN (when his name was called). I have a
pair with the junior Senator from Pennsylvania [Mr. O l iv e r ],
In his absence I withhold my vote.
Mr. CLAPP (when his name was called). I have a general
Paik with the Senator from North Carolina [Mr. S i m m o n s ].
Observing him to be absent, I transfer that pair to my colleague,
the sfenior Senator from Minnesota [Mr. N e l s o n ], and will
vote. M vote “ nay.”
Mr. BTLLINGHAM (when his name was called). I transfer
my p a i\ w ith the senior Senator from South Carolina [Mr.
T il l m a n j L to the Senator from Wisconsin [Mr. S t e p h e n s o n ]
and vote. I vote “ nay.”
Mr. PAYN TER (when his name was called).
I have a
general p a ir w ith the senior Senator from Colorado [Mr. G u g g e n i i e i m ] , an (fun his absence I withhold my vote.
Air. PERCY rv'hcn his name was called). I have a general
pair with the seiner Senator from North Dakota [Air. AIc C u m b e r ] . I do not kndyj- how he would vote if present, and, in his
absence, I withhold ipy vote.
Air. PER K IN S (when his name was called). I have a general
pair with the junior Senator from North Carolina [Air. O ver
m a n ].
In his absence Trom the Senate I am permitted to
transfer that pair to the 'junior Senator from Massachusetts
[Air. C r a n e ] and vote. I vole “ nay.”
Air. SAIITH o f Alichigan (when his name was called). I
transfer my pair with the junior Senator from Alissouri [Air.
R eed ] to the Senator from Rhode Island [Air. L ip p x t t ] and vote.
I vote “ nay.”
\
Air. SAIITII o f South Carolina (when his name was called).
I have a general pair with the Senator from Delaware [Air.
R ic h a r d s o n ]. 1 transfer that pair to the Senator from Tennes
see [Air. W e b b ] and vote. 1 vote “ yea.
Air. SUTHERLAND (when his name w as called). I am
paired with the Senator from Arkansas [A ir. C l a r k e ] , and, in
his absence, I withhold my vote.
Air. W ARREN (when his name was called). I am paired
with the Senator from Louisiana LAIr. F o st e r ]. I therefore
withhold my vote.
The roll call was concluded.
Mr. CLAPP (after having voted in the negative). Since an
nouncing the transfer o f m y pair, I have learned that m y col
league [Air. N e l s o n ] is paired with the senior Senator from Georgia
[Air. B a c o n ]. I therefore transfer m y pair to the junior Senator
from California [Air. W o r k s ] , and w ill let m y vote stand.
Air. C H A A I B E R L A I N . I transfer my pair with the Senator
from Pennsylvania [Air. O l iv e r ] to the Senator from . Maipe
[Air. G a r d n e r ] and vote. I vote “ nay.
Air. SUTHERLAND. I will transfer my pair with the Sen
ator from Arkansas [Air. C l a r k e ] to the Senator from North
Dakota [Air. M c C u m b e r ] and vote. I vote “ nay.”
The result was announced—yeas 24, nays 30, as follow s:
The PRESIDENT pro tempore. The Chair thinks it would be
iu order.
Air. STONE. T make that motion.
The PRESIDENT pro tempore. The Senator from Alissouri
moves to strike out all after the enacting clause o f the bill.
Air. SAIITH o f Georgia. I ask for the yeas and nays ou the
motion.
The yeas and nays were ordered, and the Secretary proceeded
to call the roll.
Air. BRIGGS (when his name was called). I have a general
pair with the senior Senator from West Virginia [Air. W a t
son ].
I transfer that pair to the senior Senator from Ne
braska [A ir. B r o w n ] and will vote. I vote “ nay.”
Air. CHAAIBERLAIN (when his name was called). I have
a pair with the junior Senator from Pennsylvania [Air. O l iv e r ] .
I transfer that pair to the Senator from Maine [Air. G a r d n e r ]
and w ill vote. I vote “ nay.”
Air. CLAPP (when his name was called). I again transfer
my pair with the Senator from North Carolina [Mr. S i m m o n s ]
to the junior Senator from California [Mr. W o r k s ] , and will let
that announcement stand for any subsequent vote. I vote “ nay.”
Mr. DILLINGHAAI (when his name was called). Again
transferring my pair with the Senator from South Carolina
[Mr. T i l l m a n ] to the Senator from Wisconsin [Mr. S t e p h e n
s o n ], I vote “ nay.”
Air. PERCY (when his name was called). In the absence o f
the senior Senator from North Dakota [Air. AIc C u m b e r ] , with
whom l am paired, I withhold my vote.
Mr. PERKINS (when his name was called). I again transfer
my pair with the junior Senator from North Carolina [Mr.
O v e r m a n ] to the junior Senator from Alassachusetts [Air.
C r a n e ] and vote “ nay.”
Air. SAIITH of Alichigan (when his name was called). I
transfer my pair with the junior Senator from Alissouri [Mr.
R eed ] to the junior Senator from Rhode Island [Air. L i p p i t t ]
and will vote. I vote “ nay.”
Air. SAIITH o f South Carolina (when his name was called).
I again transfer my general pair with the Senator from Dela
ware [Air. R ic h a r d s o n ] to the Senator from Tennessee [Air.
W e b b ] and will vote. I vote “ nay.”
Air. SUTHERLAND (when his name was called). I transfer
my pair with the Senator from Arkansas [Air. C l a r k e ] to the
Senator from Colorado I Air. G u g g e n h e im ] , which will p e rm it
the Senator from Kentucky [Air. P a y n t e r ] and myself to vote.
I vote “ nay.”
Air. W ARREN (when his- name wns-ch-Ued). I again an
nounce my pair with the Senator from Louisiana [M r . F o s t e r ].
The roll call was concluded.
\
Air. SM ITH o f South Carolina (after having, voted in the
negative). I understand the Senator from Tennessee [Air.
W e b b I, if h e were here, w o u ld vote “ yea.” I therefore transfer
m y vote to the Senator from Alabama [Air. J o h n s t o n ] , and will
let my vote stand.
The result was announced—yeas 17, nays 40, as followsBankhead
Bristow
Bryan
Cummins
Core
Y E A S— 24.
Lea
Curtis
O'Gorman
Fall
Owen
Core
Page
Johnson, Me.
Cal ron
Pomereno
Kenyon
Crawford
Sheppard
Kern
Cummins
NAYS— 30.
Newlands
Dillingham
Bourne
Penrose
Fletcher
Brady
Perkins
Hal linger
Brandegee
P ittm an
Briggs
Jackson
Poindexter
Jones
Burnham
Boot
Lodge
Chamberlain
Smith, Md.
C app
Marlin, Va.
Smith, Mich.
Martino, N. J.
Clark, Wyo.
NOT VOTING— 41.
Lippitt
Dixon
Ashurst
McCumber
Bacon
du Pont
McLean
Borah
Foster
Myers
Gamble
Bradley
Nelson
Brown
Oardner
Oliver
Uronna
Burton
Overman
Ouggenheim
Chilton
Payntcr
Hitchcock
Clarke, Ark.
Percy
Crane
Johnston, Ala.
P.eed
^
Kavanaugli
Culberson
Richardson
La Follette
C ii Horn
So the motion o f Air. O ’ G o r m a n to lay the
Bankhead
Bristow
Bryan
Shively
Smith, Ariz.
Smith, Ga.
Smith, S. C.
Thomas
Townsend
Smoot
Stone
Sutherland
Swanson
Wetmore
Williams
Sim m ons
Stephenson
T h orn ton
T illm an
W arren
Watson
Webb
W orks
amendment oil the
table was rejected.
,
.
....
Mr. STONE •Air. President, I desire to ask whether at this
point it would be in order to move to strike out all after the
enacting clause o f the bill?
4053
Bourne
Bradley
Brady
Brandegee
Braggs
Burnham
Catron
Chamberlain
Clapp
Clark, Wyo.
\Ashurst
Bacon
Bprah
Brown
Burton
Chilton
Clarke, Ark.
Crane
Culberson
Cullom
Y E A S — 17.
Bage
Sheppard
Shively
Smith, Ga.
Stone
N A Y S — 40.
Crawford
Lodge
Curtis
Martin, Va.
Dillingham
Martine, N. J.
Fail
Newlands
Fletcher
Paynter
Gallinger
Penrose
Hitchcock
Perkins
Jackson
Pittman
Johnson, Me.
Poindexter
Jones
Pomerene
NOT VOTING— 38.
Dixon
Lippitt
du Pont
McCumber
Foster
McLean
Gamble
Myers
Gardner
Nelson
Gronna
Oliver
Guggenheim
Overman
Johnston, Ala.
Percy
Kavanaugli
Reed
La Follette
Richardson
Kenyon
Kern
Lea
O’Gorman
Owen
\
Thomas
Williams
Root
Smith, Ariz.
Smith, Md.
Smith, Mich.
Smith, S. C.
Smoot
Sutherland
Swanson
Townsend
Wetmore
Simmons
Stephenson
Thornton
Tillman
Warren
Watson
Webb
Works
S o Air. S t o n e ’ s m o tio n w a s n o t a g r e e d to.
The PRESIDENT pro tempore. The question is on agreeing
to the amendment reported by the committee.
Air. GORE. I move that the Senate adjourn.
The PRESIDEN T pro tempore* The Senator from Oklahoma
moves that the Senate adjourn. [Putting the question.] By the
sound the noes seem to have it.
Air. SAIITH o f Georgia. I ask for the yeas and nays.
The yeas and nays were ordered,'and" the Secretary proceeded
to call the roll.
COXGRESfpOXAL RECORD— SENATE.
4054
Air. CHAM BERLAIN (when his name jgRTcalled). I trans
fer my pair to the Senator from Maine^Sfr. Gardner] and vote.
I vote “ nay.”
•|
F ebruary 20,
The Secretary called the roll, and the follow ing Senators
answered to their names:
Ashurst
Crawford
Lodge
Shively
Smith, Ariz.
Martin, Va.
Cummins
Mr. DILLINGHAM (when hi&jPRTme was railed). I again Bankhead
Smith, Md.
Martinc, N. J.
Curtis
transfer my pair from the Seajffor from South Carolina [Mr. Bourne
Smith, Mich.
Myers
Dillingham
Bradley
T i l l m a n ] to th?L Senator jjgjjmi Wisconsin [Mr. S t e p h e n s o n ]
Newlands
Smith, S. C.
Fall
Brady
O’Gorman
Smoot
Fletcher
Brandegee
and w ill vote. I v
Stone
Page
Gallinger
Air. SM ITH o f S ou U g p ^ elin a (when his name was called). Briggs
Paynter
Sutherland
Hitchcock
Bristow
Swanson
Penrose
I transfer my genei^Fpair T^ahe Senator from Alabama [Mr Bryan \
Jackson
Thomas
Percy
Johnson, Ale.
Burnham >
J ohnston ] and \
Townsend
Perkins
Jones
Catron
A
Mr. W ARREN " (when his name
called). I again an ChamberlaiA
Warren
Pittman
Kenyon
Wetmore
Kern
Root
Clapp
i
nounce my
^ * * * S i^
W illiam s
Sheppard
Lea
Clark, Wyo. ~
The rollj$ 0 \ was concluded.
Air. SUTHERLAND. I make the same annottrmeuient as to
The PRESID EN T pro tempore. Fifty-six Senators have an
the trajlifer o f my pair and vote. I vote “ nay.”
swered to their names. A quorum o f the Senate is present.
M r/$M O O T. I desire to announce a pair between thf?senior
Air. THOAIAS. I move that the Senate adjourn, and upon
SegRtor from Illinois [Air. Cullom ] and the junior Senator that I call for the yeas and nays.
from AVest Virginia [Mr. C htlton].
The yeas and nays were not ordered, and the motion was
The result was announced—-yeas 14, nays 45, as follows
rejected.
\
The PRESID EN T pro tempore.
The question is on the
YEAS—14.
Ivern
Pomerene
S.t#$e
amendment.
Bryan
Lea
Sheppard
^^fiomas
(tore
Air. SAIITH o f fljbergia. Air. President, I regard this as the
O’Gorman
Shively
Hitchcock
most objectionable <%nendment submitted by the committee. In
Owen
Smith, Ga.
Ivenyon
deed, I regard it as Mie most objectionable feature o f the entire
N A Y S— 45
bill, much o f which, I,think, is objectionable.
CrSwford
It is scarcely necesjkary for me to go over what has been
Cunuftsns
mentioned this eveningVtbe condition o f the appropriation bills
Curtis
Dillingham
that have been, and arefeto be, passed by the present Congress.
5aynter
Fall
I have listened to the &iggestion o f the senior Senator from
Fletcher
Penrose
Virginia [Air. AIartin ], when he sought to explain to us that
'Percy
Gallinger
Jackson
Pterkins
this was a harmless little'imeasure carrying no appropriation;
Pittman
Johnson*?
that there was no appropriation in it ; that it simply provided
Poindexter
Jones
that .$5,000,000 could be spent, and made it a part a f the lawT but
,
Root
Lodj.
Smith, Ariz.
Ma# In, Va.
left it to some other appropriation bill to actually carry the money.
I f it is so harmless, if it is so ineffective, why the necessity
NOT VOTING— 3G.
o f putting it upon this bill? ‘W h y not let it w ait? AVhy keep
ICavanaugh
Cullom
..Richardson
Dixon
La Follette
it, in spite o f the objection that exists, with this provision before
Simmons
Lippitt
du Pont
Stephenson
the Senate? A T
\ hen we already have a bill away beyond a
McCumber
Foster
Thornton
normal size, why add this $5,00^000 to it?
McLean
Gamble
Tillman
Nelson
Gardner
Warren
We all understand that when j|pu get through a provision o f
Oliver
Gronna
Watson
this kind the appropriation follows. It can be put on any bill
Overman
Guggenheim
Webb
upon the floor o f the Senate. It fe constantly knocking at the
Johnston, Ala.
Reed
Works
door, demanding the money, and pa ssin g for the actual cash.
So the Senate refused to adjourn.
this
Air. President, if this provision really passes, I think, if thi
The PRESIDEN T pro tempore. The question is upon the is to be a memorial bridge, the prl ision should be amended,
amendment.
and it should be provided that a stfff ie o f each o f the Senators
" Mr. OWEN. I should like to hear the pending amendment read. from A irginia should be placed upon] It, one at one end and one
’
I did not understand that there was an amendment pending.
at the other.
The Secretary. The amendment is, on page G8, to insert a
Air. SWANSON. Air. Presidentnew section, to be known as section 20.
The PRESID EN T pro tempore.
Does the Senator from
Mr. OWEN. Is it in order to offer an amendment at this point? Georgia yield to the Senator from VirRnia ‘
The PRESIDEN T pro tempore. It is in order to offer an
Mr. SAIITH o f Georgia. Certainly
amendment to the amendment, but not otherwise.
Air. SAVANSON. I would suggest that
statue to the Senator
Air. OWEN. Let the amendment he read.
from Georgia be placed on the bridge,
neither o f the SenThe Secretary again read the amendment.
ators from ATrginia deems himself suflic atly important to be
Mr. OWEN. I offer an amendment to the amendment, which so honored; but I am satisfied that the
itor from Georgia is
I send to the desk.
•sufficiently important.
The PRESIDEN T pro tempore.
The amendment to the
Air. SAIITPI o f Georgia. I should object v$ry much to bavin
amendment w ill be stated.
The S e c r e t a r y . It is proposed to add, at the end o f the my statue on such a bridge. I should not Consider it a com
pliment. I would far rather have my statue ’greeted in connec
amendment o f the committee, the follow in g :
tion with an effort to prevent the bridge from Dfeing built.
Provided, That any item in this bill returned to Congress disap
Air. President and Senators, we have two \%ry fair bridges
proved by the President of the United States at any time" within the
first 10 days of the next regular session thereof shall be void unless across from here, on which we can pass over t h & ’otomac. The
reaffirmed by a majority vote of both Houses.
Senator from Virginia most eloquently plead for
opportunity
Air. W ILLIAM S. I make the point o f order that the amend for those south o f Washington to get into AVashingipn. I belon'
ment is not germane, and the further point o f order that it to the number o f those south o f Washington, a n d \ have never
ave never
could not be passed without changing the Constitution o f the found any trouble about crossing the Potomac,
heard any cry beyond A’irginia for better facilities
cross the
United States.
tli o f the
The PRESID EN T pro tempore. The (fhair w ill first decide Potomac. Do not put it as a plea to let the people
Potomac get here, because nobody beyond AVashing
pud Virthe point o f order.
tatives
Air. OAVEN. Air. President, I believe I had the floor in offer ginia ever asked for it. North Carolina has no repre
ing the amendment; and I have a right to address the Senate asking for it ; South Carolina has none; Georgia h a s none;
on the amendment without being taken off the floor by motions Alabama has none. Do not say it is to let the people smith o f
the Potomac get here. The Senator from Virginia sliould"*peak
made by other Members.
The PRESIDENT pro tempore. The point o f order can be for his own State alone, and s a y : “ Build it, and spend- this
$5,000,000 o f all the people’s money, to let the people o f .Vir
made at any time.
f
Air. AVILLIAAIS. I think a point o f order is always in order. ginia cross the Potomac.”
Air. President, if w e had every building that w e neededun
The PRESIDEN T pro tempore. It is not debatable.
Air. W ILLIAM S. The point o f order can hardly be nullified. Washington erected, if we had no special s,train on the Treas
ury, I would not he opposed to a bridge o f this character or o f
Air. THOAIAS. I suggest the absence o f a quorum.
The PRESIDENT pro tempore. The Chair was about to decide some character. But I am unalterably opposed to this bill if
that the point o f order was not well taken. The Senator from this provision goes on. I hope if this provision goes on it that
Colorado makes the point o f no quorum. The Secretary will the bill w ill be killed. I am not sure that it ought not to he
call the roll.
killed anyhow. I rather think it ought. It is not hostility to
Air. CURTIS and others. That is dilatory.
the District o f Columbia or the city o f AVashington on my p a rt
\
1913.
C N R SSIO A R C R —SEN
OGE
NL EOD
ATE.
sat
Mr. SMITH o f Georgia. We might as well understand it,
I
quietly a few moments ago ancl saw the splendid ap
propriation o f $2,300,000 made for park purposes and never gentlemen. I f this bill is loaded with $5,000,000 o f additional
opened my lips against it. My view o f that was this: I believe appropriation, I believe it is doomed, and I think it ought to
it desirable that the park back o f the W hite House shall be con be doomed. I should earnestly plead and pray all others on
nected with the park north o f the city, and if it is to be done the this side to earnestly plead with the Senate to kill the bill if
land ought to be bought at once. It will be more and more diffi it has this appropriation o f $5,000,000 on it. You have placed
cult as'the days roll by to purchase the additional land. There in the bill $1,750,000 for an armory in the District. You have
fore if tbe two parks are to "become one, if this splendid effort put into the bill an appropriation o f $2,300,000 for a park in
io beautiiy our National Capital is to take place, now is the the District.
Mr. CLARK o f Wyoming. W ill the Senator yield for a question ?
proper time, to make the purchase.
Mr. SM ITH o f Georgia. Yes.
So, Mr. president, moved by some o f the lofty patriotism
Mr. CLARK o f Wyoming. The Senator has announced his
Possessed by the Senator from Virginia, feeling at least in part
the noble sentiments which he so eloquently presented, I made intention to perform the righteous work which has appealed to
no obstruction to that measure. There was a reason why, if it him o f voting against the bill if this provision is in the bill.
I should like to get the Senator’s frame o f mind as to what he
is to be done at ail, it should be done now.
lint, Mr. President, with reference to this bridge, there is ab would do if this item was stricken out of the bill. Would he
solutely no economy ip putting it on the appropriation bill now. then vote for it? _
Mr. SM ITH o f Georgia. I f this item is stricken out o f the
Five years hence it cotiid be put upon the appropriation bill with
no more expense than vrsuld be required now. W e own the ap bill, if I should vote against it I would vote and certainly occupy
no time.
proaches on either side. \
Mr. CLARK o f Wyoming. That is a consideration to be taken
We have had the fact d o u b tfu lly explained to us by the Sen
ator from Virginia that w& own 1,200 acres of land on the account of.
Mr. SM ITH o f Georgia. That is what I informed the Sena
other side o f the Potomac ancFjU requires an expenditure o f only
$•1,000,000 to turn that land into a farm. I have no doubt it is tor. I appreciated the situation, and I appreciate the situation
worth a hundred dollars an acre, and I suppose if this bridge, o f those who desire the balance o f the items in the bill. I
costing $5,000,000, is built it will 'still be worth a hundred dol meant it to be understood by the Senator from Wyoming just
lars an acre, and the investmenfikof $5,000,000 would be a as he understood it— that it would be a thing very much to be
splendid business proposition in th ^ interest o f the National appreciated if you wish the bill to pass, because, o f course, those
who are opposed to this measure can stop it at this time in the
Government.
%
Mr. President, what excuse can
give for making a session. We understand that perfectly. For that reason we
$•5,0(10.000 appropriation for something (pot now essential? I do not feel that you should force on us a measure involving this
should perhaps hesitate to say that, flar the Senator from appropriation o f $5,000,000.
Mr. M ARTIN o f Virginia. Sir. President-----Virginia says there is not a bridge across G|e Potomac that has
The PRESIDEN T pro tempore.
Does the Senator from
not a street car track on it, and th erefor^ w e must have an
other. The street car tracks do not prevent us from driving our Georgia yield to the Senator from Virginia?
Sir. SSIITH o f Georgia. I do.
teams across or crossing with our automobile^ I have crossed
Sir. MARTIN o f Virginia. I should like to have the Senator
both bridges, and I never found the street car tnk-ks in the way.
explain what he means by forcing on the bill an amendment
Mr. THOMAS. Mr. President-----The PRESID EN T pro tempore.
Does the Senator from that a m ajority o f the Senate voted in favor of.
Sir. SSIITH o f Georgia. They have not voted on it.
Georgia yield to the Senator from Colorado?
Sir. SIARTIN o f Virginia. The Senate refused to lay the
I Mr. SM ITH o f Georgia. I do.
Mr. THOMAS. I should like to inquire o f the Senator from amendment on the table. That was a distinct expression of
Georgia whether the street cars do not facilitate access into the Senate by a decisive majority in favor o f the amendment.
The only force I have seen is the filibuster o f the Senator from
the city by those like myself, who have no automobiles*
Mr. SM ITH o f Georgia. Y es; the street car affords splendid Georgia.
Sir. SM ITH o f Georgia. Sir. President, I am sorry the Sena
facility for access to the city by a large majority o f our citizens.
Mr. SUTHERLAND. W ill the Senator from Georgia allow tor from Virginia speaks in such vehement language. There is
no filibuster by the Senator from G eorgia; none is going on
me to ask him a question?
\
The PRE SID EN T pro tempore. Does the Senator from Geor now. I am appealing to the Senate when they come to vote
iu p o n this provision to vote against it. I can not accept the
gia yield to the Senator from Utah?
view o f the Senator.
Mr. SM ITH o f Georgia. I do.
Mr. SWANSON. Sir. President------Mr. SUTHERLAND. It is now' after 1 o’clock. I should
Mr. SSIITH o f Georgia. Let me finish what I have to say.
like to ask the Senator from Georgia whether or not it is his in
The Senator from Virginia proceeded with his eloquent speech,
tention to prevent a vote upon this amendment.
one o f Hie best I have heard at any time on the floor o f this
Mr. SM ITH o f Georgia. I can not say that it is.
body, and he in my opinion carried the Senate by that speech.
Mr. SUTHERLAND. I mean this evening.
Sir. SWANSON. W ill the Senator permit me to interru
Mr. SM ITH o f Georgia. I can not say that it is; no. I
have not finished making the observations I want to make. I him for a bfiuute?
Sir. SSIITH o f Georgia. Yes.
trust the Senator from Utah is not so impressed with the lack
Sir. SWAlY&ON. Do I understand that the position o f the
o f force in wT
hat I am saying that he has supposed I did not
seriously want what I was saying heard. I f so, he has mis Senator is that, if a majority o f the Senate think this amend
ment is ju st and, right and proper legislation, and because he
understood my purpose in speaking.
Mr. SUTHERLAND. I asked the question in the utmost good does not concur ip it and his judgment is not in accord with
this majority, he wRl prevent the bill from going to conference?
faith.
Do I understand link as using that threat to the Senate? That
Mr. SM ITH o f Georgia. I answered it in that way.
Mr. SUTHERLAND. It is perfectly apparent that some gen is the substance o f what the Senator has said. I f that is true,
tlemen on the other side have engaged in some dilatory methods, speaking for myself arai Senator, and believing that a majority
and I wanted to know, because I do not think it is fair to punish o f the Senate should rhle, if I did not favor the proposition,
a lot o f men by insisting upon remaining in session for an un before I could be coerced into surrendering the judgment of
reasonable length o f time. I f it is the intention o f the Senator the Senate to the judgment o f an individual Senator I would
from Georgia or others upon that side o f the Chamber to prevent stay here until the 4th d a yipf March.
Mr. SM ITH o f Georgia. Mr. President, the vehemence of the
a vote during the evening, I would not feel like insisting upon re
Senator from Virginia will not help his cause. I do not yield
maining here.
Mr. SM ITH o f Georgia. I have answered the Senator so far to him now, because I did not interrupt him and he did not per
as I am concerned. I have not in any sense made up my mind mit us to interrupt him when hd had the floor. I desire now to
occupy the floor myself.
to seek to prevent a vote upon this amendment this evening.
Mr. SWANSON. I f the Senator will permit me, I can not
Mr. SUTHERLAND. That answers my question.
Mr. SM ITH o f Georgia. Or this morning. Now, I do not recall that the Senator from Georgia asked an interruption at
mean to say if this amendment goes into the bill that I may my hands. I ask any Senator in this.body to arise who asked
hot seek to prevent a vote for some time upon the bill itself. I for an interruption and I refused it. I can not recall it. Did
have not made up my mind at all on that. I know I will vote the Senator from Georgia ask to interrupt my speech?
Mr. SM ITH o f Georgia. I did n ot; but tiie Senator-----against the bill with this amendment in it. I believe with
Mr. SWANSON. Name the Senator who did.
this amendment in it the bill is doomed.
Mr. SM ITH o f Georgia. Let me finish. The Senator from
Mr. O’GORMAN. Mr. President, I move that the Senate ad
New York [Mr. O’Gobman ] several times sought 4o attract the
journ.
attention o f the Chair and to interrupt the Senator, and the
The motion was not agreed to.
n
ipt
w
!‘
-r
4056
n
'.4 '
r
:
:r
%
IN
1
CONGRESSIONAL RECORD— SENATE.
F ebruary 26,
Senator went on with his speech and the Senator from New rules, and there will be no abiding place in America where a
minority, and especially a sectional minority, can yyoteet itself
York did not have the opportunity.
Mr. SWANSON. I f the Senator will permit me, the Senator against the brute force o f a majority.
It is worse than useless, it is d a n g e r o u s /to fool with
from New York is present. He is amply able to present his
en it must be
grievances: to the Senate and he is amply able to take care of fire except when fire must be conquered
himself. I f the Senator from Virginia has been guilty o f any fooled with. For h alf a dozen men to h o ld u p a bill sim ply
xpedieucy o f it;
discourtesy to the Senator from New York he does not need because they do not agree with the mei;
;
the Senator from Georgia to be his champion. Each Senator when there is no great public principle inv Fed: no constitutional
principle o f protechere is the champion o f his own rights and his own grievances. principle; n o principle o f human righ tj
The Senator from New York is here, and if I made discourteous tion o f the natural rights o f man, w j' lead inevitably to frequent imitations, and, after a whil
an abolition o f that
treatment o f him I will make proper amends to him.
Mr. SM ITH o f Georgia. Mr. President, I did not suggest which is now a hedge and a buttrap, and ought to be left to
that the Senator's treatment was discourteous, and I do not be used as a buttress only upon greuft occasions ; occasions when
understand when* I say that I wish to proceed with my speech it is necessary to fake an appeal/from the legislative majority
that I in any way act with discourtesy to the Senator from to the people themselves so as^fo give time to the people to
Virginia. If'lie thinks so, no matter how much I wish to pro think, as was done in. the case $ the force bill, and as has been
ceed with my speech, I would stop immediately and yield to him. done successfully several othep times in our history.
,As a representative o f thejhiinority section o f this country,
Mr. SWANSON. My injection in this debate was that the
Senator had left an impression that I had refused properly to I *do not want to see the ruld§ o f the Senate changed and there
yield in a courteous way to a Senator who wanted to interrupt fore do not want to see' tifom abused; I do not want to see
them brought into disrepjfe, I do not want to see the time
me, which I deny.
JK
Mr. SM ITH o f Georgia. I never for one moment suggested come when in behalf o f p j lie liberty or o f sectional rights they
he did ; and I do not mean certainly in any discourteous way might be appealed to anjjfbe found w anting; be found abolished
to fail to yield to hini; but if he feels so I regret it. I would by reason o f abuse p r y to that time.
be glad to yield and concede to him any moment the floor if
I have voted to stupce out everything in this bill after the
I had it, without the slightest hesitation. I did not mean, and enacting clause, andAf shall vote against the bill, because, not
I think the Senator ought not to have felt, that I meant that his withstanding it ha.t f this good provision and notwithstanding
conduct was discourteous. I had said that his speech was elo it has some other jfxcellen t provisions there is, as it seems to
quent; that his presentation was pow erful; and it is my honest me, that elemenlJof logrolling in it that I do not approve of.
opinion that the speech o f the Senator from Virginia defeated But I am not v /lliu g to beat it except upon a square vote in
the motion to lay this amendment on the table. I believe it was the Senate, an <wL do not think we ought ip be kept here indefi
the power and the eloquence with which he presented the case, nitely withoujr facing the merits o f the issue by the use of
scarcely answered at all, thpt carried the Senate off its feet and rules—instrumentality— good and safe and hjght in itself, hut
defeated the motion to lay the amendment on the table, which whose veryypxistence may be involved by fights o f this descrip
I believe otherwise w ouhtf have carried. The Senator has tion. Let ip keep the precious right o f the rules o f the Senate
utterly misunderstood me h> supposing that I meant anything for great ^occasions when great principles are involved, when
but compliment to the part h&has taken in this matter.
great an* serious public feeling in some manner affecting a
tio n y r a class or a sentiment is involved, when an appeal is
I have not heard a mox,e powerful or persuasive speech made
u glit^ o be taken from a temporary brutal m ajority lK th e
by any Senator upon the floorapf the Senate since I came here,
ishjnure to the sober common sense o f the people at limve
and I do not think I have hca%l one that more likely changed
if behalf o f a m ajority outside o f this Chamber against a .
votes than the speech of the Senator from Virginia. The re
s^redited majority in it.
why I do not consider that the%iotion to lay on the table
Idle PRESID EN T pro tempore. The question is upon, the
a.final decision o f this question: by the Senate is beeaus
Senator from Virginia had presented his side with such
amendment to the amendment submitted by the Senator front
Oklahoma [Mr. Owen].
unanswered, that I think the other side was not properl
the minds o f Senators.
i
Mr. OWEN. Mr. President, there are many items in this bill
What I desired to impress upon the Senate was the condition which I do not believe are justified, and I think that the whole
o f the appropriation bills, what w ediave already done for this system upon which we have been hitherto proceeding in dealing
District, and the feeling o f Senators ishat they must vote against with public-building bills has a fundamental error in it. We
this measure as a whole if this additional appropriation is put have no appropriate or adequate safeguard against the estimates
on. Senators who desire to vote for ||ie balance o f it are justi involving unnecessary expenditures. It is very easy to call
fied in feeling that you are loading iI down when you are pay upon the Supervising Architect to make a report as to what
ing $600,000 a year rent because o f the lack o f public buildings would be the cost o f a building containing a certain number o f
in the District, where you need them aad need them now. Are square fleet o f floor space, and to assert to the Supervising
they not justified in feeling you are loading this bill down when Architect’s Office that such and such a town or village needs
you put $5,000,000 on for this bridge, wrach is in no sense a ne a building o f a certain amount o f floor space. In many in
cessity? I only ask to plead with Serfktors not to put this stances and in most instances no doubt the floor space is more
burden on the bill, and cite again the fa<H that we sat by prac accurately ascertained, but no sufficient check exists on these
tically without resistance when the appropriation o f $2,300,000 demands for floor space. In that kind o f fashion there comes
was put on for the park.
into the committees these quasi estimates, so that one town after
Mr. W ILLIAM S. Mr. President, a few rfanutes ago when the another is provided for with buildings that are not really
Senator from Missouri [Mr. S t o n e ] made alp otion to strike out justified by the public service on a sound, economical public
everything after the enacting clause o f tills bill I voted for policy. Where a town is perfectly willing to give the rent of
the motion. I voted for it because there ®re so many little a building for a post office in order to get the trade belonging
things in it that did not seem to me to be Straight and right to the post office at some convenient corner o f the vicinity, and
and worthy o f recognition in a public-building bill.
it often happens that the citizens o f a town w ill make up the
The provision which the Senator from Geofeia [Mr. S m it h ] rent, and practically give a building to the Government for its
opposes is one o f the very few things in t l s bill that are use in order to attract to some convenient point in the town
worthy o f consideration. Under the m em ory -brid g e project the trade which centers around the post office, or the Govern
there is a great national peace idea reuniting rfro sections by a ment may easily rent a convenient and economical building
symbolism that shall be beautiful and full o f m eaning at the already in the town for such purposes, which serves the pur
same time. It is the only high sentiment— the o fiy prose poetry pose excellently well, sufficiently well. Yet by the process we
in the bill. I f the only opposition to this bill 'vfere that pro have follow ed in preparing this bill and bills o f like character
vision, I should never have cast the vote w hichfe cast a few heretofore, the Government is called on to put up a building
moments ago.
that will cost $75,000 or $100,000, and thereafter fix it as a per
Now, I want to say another thing, Mr. Presidenf|not so much manent charge upon the Federal Treasury for the care o f that
connected with the public-buildings bill as wit big. he general building, for maintaining its heating apparatus, for keeping it in
management o f the Senate and concerning its rules. This is repair, for janitor service, and for things o f that kind, which
the only body in America, as far as I know, w i l l unlimited make a permanent unnecessary charge upon the Government.
debate and with power in the hands o f a few peoplfi to retard, In that way I think we have gone into unnecessary expenditures.
if not totally to put an end to, the tyranny o f a m a jo m y against
It was for that reason that I presented this proposed amend
a minority. It is a most precious privilege. It otight: to be ment. I presented it with a serious purpose, to provide a means
guarded most carefully. But if the rules of the Sen ile are to for putting an end to this kind o f thing in these public-building
be abused and if filibustering is to be resorted to upoiifordinary bills, where items are inserted that ought not to go in. I
routine business, the rules o f the Senate w ill be brot|ght into know perfectly well that Members o f the Senate, as a rule, are
contempt and the Senate itself will be compelled to crin g e its in no better position than I am to ascertain what is the exact
CONGRESSIONAL RECORD— SENATE.
•
need with regai-d to various o f these items.
ropose this amendment:
I therefore
10.1?
Mr. OWEN. W ith pleasure.
Mr. CLAPP. Does not the Senator fail to distinguish be
.
ovMcd, That any item in this bill returned to Congress disapproved tween a condition over which the Executive would have no
t<i • ih‘esident of the United States with his objections at any time control and o f the existence o f which a proclamation o f the
ltlnn the first 10 days of the next regular session thereof shall be
President would be proof, and dependent upon which a law
void uuless reaffirmed by a majority rote of both Houses.
The suggestion was made by the Senator from Mississippi might go into effect or not, and the mere leaving it to the will
o f the Executive? I can readily understand that we might, if
fM r . W i l l i a m s ] that the provision is “ unconstitutional.”
I
shall only take a brief moment to show that it is not unconsti we took the time and care, devise a bill prescribing certain con
tutional. The general provision o f the Constitution with re ditions upon the happening o f which certain results should fo l
gard to the- exercise o f the .veto power by the President, o f low, as in the maximum and minimum provision o f the tariff
course, allows him, whether we will or whether w e w ill uot, law, but that is prescribing the effect with reference to a con
to return a bill which passes both Houses with his disapproval, dition over which the Executive has no control. He simply
or veto, giving his objections, withiu a certain time. Thereupon makes a proclamation, which we declare is evidence o f the ex
that bill is vetoed, and is not the law unless it shall then be istence o f a condition. That is one thing, and no doubt within
passed by a two-thirds vote o f both Houses, in which event his the power o f Congress, for it has been tried many a time and
veto is overruled; but we have a right to impose a condition in has been sustained by the courts.
This is a proposition that prescribes no condition whatever.
the law itself which becomes a legal condition with regard to
any item in the bill when the President shall have approved the It does not make the bill depend upon the happening o f any
condition, but simply leaves it to the President himself to
act. The constitutional provision provides that—
Every bill which shall have passed the House of Representatives and say at the end o f a given time whether or not this bill should
the Senate shall, before it become a law, he presented to the President go into effect or whether before it becomes effective it should
of the United S ta tes; if he approve he shall sign it, but if not he shall come back here and receive the affirmative vote o f a m ajority
return it, with his objections, to that House in which it shall have
o f both Houses.
originated—
It does seem to me, with all due deference to the Senator,
And so forth.
But this provision which I offer as an amendment to the pro whose opinion I certainly hold in high esteem, that the Sen
ator has failed to distinguish between those two cases—one
posed act becomes the law with the President’s approval; and
when he approves it, he makes this bill the law. It becomes where we prescribe that upon the happening o f a condition a
the law o f the land, and, being the law, it requires him, as a certain result shall follow and the other, the Senator’s propo
legal executive duty imposed by act o f Congress, to do certain sition, to leave it simply to the will o f the Executive to say
things; that is, to scrutinize the items in this bill and further whether, outside o f the Constitution, a provision o f law shall
advise Congress. It is clearly within the legislative power become effective or whether it shall come back here and receive
o f Congress to require him to return any item o f this bill, an affirmative vote.
Mr. OWEN. Mr. President, I have answered the constitu
which, upon closer scrutiny, he may think deserves further con
sideration by Congress. My amendment proposes, by act of tional objection by pointing out that when this becomes a law
Congress to make such item void unless it is reaffirmed by a by act o f Congress and the approval o f the President o f the
majority vote o f both Houses. It is not the same thing as a United States it is a statute by the action o f the authorized
constitutional veto o f the bill itself. It is a conditional provi authorities under the Constitution who are charged with the
sion in the law which becomes the law and justifies the Presi making o f the law. It having become the law, then the law'
dent under a special act in returning to us any item, with his requires that items w'hich are found by the Executive to have
objection, for further legislative consideration. This is a wise been injudiciously proposed may be returned and shall be re
public policy. That w ill cure the vice o f a bill like this, which turned to the Congress w'ith further Executive advice, and the
Is being passed with many questionable items because o f the Congress then has the right by a m ajority vote to consider
individual interests o f various Members o f either House of and overrule the objections suggested. No clause or phrase
Congress and the spirit o f mutual conciliation, moved by local, or word in the Constitution is inharmonious w'ith the amend
ment I propose.
hut not by the higher national, interests.
The constitutional veto does not inhibit it. It suggets its
That is the difficulty with this kind o f a bill. Men do not
feel absolutely free to object to a bill, because they have on wisdom. The constitutions o f New York, o f Minnesota, o f
the inside o f the bill various items for their own State which Oklahoma, and o f other States provide that the executive shall
are affected by the bill, and in that way this kind o f a bill gets have the power o f veto as to individual items on appropriation
a number o f votes it would not get upon its merit. I think the bills which the legislative branch can not override except by
My proposed amendment
time has come in this Republic when we should not have bills two-thirds vote o f both houses.
Put through that should be tainted in any degree with a sus merely imposes a condition making possible the return for
picion that they are going through for the purpose o f serving further legislative consideration items that seem unwise.
Mr. CLAPP. In a great many States, my own State among
the special local interest only o f Senators or o f Members of
the House. When I say “ special local interests,” o f course I others, the constitution gives the executive the authority to
only mean in a localized sense; that is to say, that a Senator veto any item in a bill. I think there ought to be in the Federal
may be unduly influenced by his anxiety to serve some par Constitution such a provision, but the trouble about this propo
ticular town in his own State whose lively citizens put undue sition is that it simply depends for its operation finally as to
whether it shall remain a law or not, without further action o f
political pressure on him.
There are towns in my State affected by this bill which I Congress, upon the action o f somebody else outside o f the legis
think are thoroughly justified in asking what has been esti lative body.
Mr. OWEN. The Senator is mistaken. The items objected
mated for them on the ground o f their great postal receipts,
on the ground o f the volume o f business, and on the ground o f to are returned to Congress for legislative affirmation, not hav
economy from a standpoint o f rental charges, and I am prepared ing been finally affirmed by this act, but only passed by Con
to defend any item in the bill for my State which I have o f gress conditionally— that is, conditioned on a future affirmative
fered; but at; the same time I myself am interested and in act by Congress, if the Executive advise Congress that further
fluenced in the way I have described, and have a strong induce legislative approval is necessary. I appeal to the constitution
ment to favor this hill in order to favor the towns that I am o f the State o f Minnesota as my justification for the policy.
Mr. CLAPP. For what?
friendly to and interested in, but I do think that the executive
Mr. OWEN. For my justification for the policy.
Branch o f the Government ought to have the right to put the
Mr. CLAPP. Nobody doubts the policy.
microscope upon these items and, as a matter o f law, should
Mr. OWEN. Very well. The policy being conceded, the only
be required to return them to Congress, and unless Congress
reaffirms them by a m ajority vote after consideration o f the thing remaining is the constitutionality o f my proposal.
Mr. CLAPP. The way to meet that is by an amendment to
further Executive report, such items ought to go out o f the
bill. That is the reason why I have offered this amend the Constitution.
Mr. OWEN. The Senator can not find anything in the Con
ment. I believe it would really strengthen this bill. I would
Be willing to support this bill with whatever items are in it stitution forbidding it. I defy him to do so. I f it is not fo r
bidden by the Constitution, and he can show nothing in ilie
w ith the opportunity in the Executive to review it and further
advise Congress as to those items which might prove to bp un Constitution which is inharmonious with my proposed amend
sound. I am satisfied that there are a large number o f items ment, he must concede Congress has the right to pass the law
in this bill that ought not to be in it. My proposed amendment under the grant o f all the legislative power o f the United States
would cure that defect, and I would be willing to support the to Congress.
Mr. CLAPP. The Senator does not have to find anything in
bill with this amendment.
the Constitution to forbid it. Congress can legislate. Legis
Mr. CLAPP. Mr. President-----The PRE SID EN T pro tempore. Does the Senator from Ok lating is one thing and leaving it to the w ill o f an outsider—■
I do not care who he is, and it adds nothing to make him the
lahoma yield to the Senator from Minnesota?
4058
CONGRESSIONAL RECORD— SENATE.
Executive— is another. Any condition which Congress can im
pose in a law, upon the happening o f which a certain result
will follow, may be left to the Executive, may be left to the
Interstate Commerce Commission, may be left to anybody that
Congress designates, but Congress prescribes the conditions upon
which the result and the effect shall follow. This proposal
would leave it entirely to the Executive.
Mr. W ILLIAM S. Mr. President-----The PRESIDEN T pro tempore. Does the Senator from Okla
homa yield to the Senator from Mississippi?
Mr. OWEN. I yield the floor to the Senator from Mississippi.
I have already answered the Senator from Minnesota.
Mr. W ILLIAM S. Very well. The proviso proposed by the
Senator from Oklahoma might be worshiped without violating
the commandment against idolatry. It is not the “ likeness of
anything that is in heaven above or the earth beneath or in
the water under the earth.” It involves not only one amend
ment to the Constitution, but it involves three or four. The
amendment proposed by the Senator from Oklahoma rea d s:
Provided, That any item in this bill returned to Congress disapproved
by the President of the United States with his objections at any time
within the first 10 days of the next regular session thereof shall be
void unless reaffirmed by a majority vote of both Houses.
The three particulars in which it differs from the Constitu
tion are these:
The Constitution gives to the President o f the United States
the right to veto a Mil. It does not use the word “ veto,” but
it gives him a right to send it back “ without his approval,”
which o f course is the same thing as the language used here—
“ to return it to Congress disapproved.”
The first amendment to the Constitution which the Senator
is seeking to make by his simple provision upon a special appro
priation bill is that the President shall be empowered to veto
an i te m in a bill instead o f a bill.
The Senator said he could find authority for that in the con
stitution o f Minnesota. I do not know whether he could or
not, but I do know that he could have found it in the constitu
tion o f the late Confederacy; and it was one o f the very few
amendments to the United States Constitution which the Con
federate constitutional convention adopted which was unsound.
The moment the legislative branch o f a government surrenders
the power to coerce the executive by putting riders upon appro
priation bills in times o f great emergency, and thereby depriv
ing him o f financial support— the minute the legislative branch
surrenders the purse string, that moment liberty and popu
lar government are in danger. It is a right which ought to
be sparingly used, but which ought never to be surrendered.
We have gained all our freedom by this very thing, and Great
Britain has gained hers by this ability to coerce the King
either to veto or to allow to pass an entire supply bill with all
that Parliament chose to put upon it.
That is the first amendment to the Constitution, proposed in
an amendment to a special appropriation bill offered by the
Senator from Oklahoma, conveniently shirking the constitu
tional requirement o f a two-thirds vote o f both Houses.
What is the next one? The Constitution says that the Presi
dent shall return a bill “ within 10 days.” The Senator wants
him, after having vetoed an item, instead o f a bill, to return it
“ within the first 10 days o f the next regular session ” — the next
regular session.
Then, in the third place, the Constitution provides that if the
vote o f Congi’ess shall be reaffirmed by a two-thirds vote of
both branches, the bill shall become law notwithstanding the
veto. The Senator, not satisfied with two changes to the Con
stitution, makes a third, and says that the item—
Shall be void unless reaffirmed by a majority vote of both Houses.
The Senator read the provision o f the Constitution, but he did
not emphasize the right places in it :
Every bill—
Bill, not item—
which shall have passed the House of Representatives and the Senate,
shall, -before it become a law, be presented to the President of the
United States. If he approve, he shall sign it—
The bill— not an item—
but if not he shall return it, with his objections, to that House in which
it shall have originated, who shall enter the objections at large on their
.Journal.
And so forth.
The Senator neglects that here. By the way, I was mistaken
in my count; there is a fourth amendment to the Constitution,
so glibly proferred. Under his amendment you need not enter
the objections o f the President to these items on the Journals
at all and proceed to reconsider it.
If affer such reconsideration two-thirds of that House shall agree to
pass the bill, it shall be sent, together with the objections, to the other
House, by which it shall likewise be reconsidered, and if approved by
two-thirds of that House it shall become a law. But in all such cases
the votes of both Houses shall be determined by yeas and nays—
F ebruary 2G,
All this constitutional provision the Senator from Oklahoma,
in a light, five-minute speech, repeals. The Constitution fu r
ther provides:
And the names of the persons voting for and against the bill simp
be entered on the Journal of each House, respectively. If any bill—
Not any item—
shall not be returned by the President within 10 days (Sundays ex
cepted)—
Not 10 days after the next regular session, as the Senator's
repeal o f the Constitution reads—
after it shall have been presented to him, the same shall be a law.
But the truth is that the Senator from Minnesota [Mr.
has taken the Senator from Oklahoma [Mr. O w e n ]
seriously, when the Senator from Oklahoma did not mean to be
taken seriously. The truth is, there is hardly a better lawyer
in this body than the Senator from Oklahoma, and there is not a
man in this body who knows better than the Senator from Okla
homa does that except for mere purposes o f delay it is useless
to attempt to make four constitutional amendments in one night
in the shape o f one amendment to a special appropriation bill.
Mr. OWEN. Mr. President-----Mr. W ILLIAM S. I yield to the Senator from Oklahoma.
Mr. OWEN. I merely wanted to say to the Senator from
Mississippi, for the purpose o f the R e c o r d , that the proposed
amendment was offered very soberly, very seriously, and very
deliberately, and w ill be insisted upon on other bills o f like
character from time to time, until the country realizes the im
portance o f the proposed amendment.
I will answer the Senator on the constitutional aspects o f the
matter when he shall have concluded.
Mr. W ILLIAM S. Very well. I f the Senator can answer me
he is even a better lawyer than I have thought him to be, even
belter than I have expressed myself so complimentarily. lie
has even more ingenuity as a lawyer, as a man who can “ split
hairs ’tw ixt the Nor’ and Nor’west side,” better than I have
thought him capable of, and I have thought him capable of
almost any measure o f ingenuity o f that sort. I f he can fix
it so that the President can disapprove an item in an appro
priation bill, and thereby keep it from becoming law, instead
o f having to disapprove the whole bill, and then if he can go
further and override the veto o f an item— itself unconstitu
tional— by an equally unconstitutional m ajority vote instead o f
a constitutional two-thirds vote, and then if he can go yet fur
ther and give the President 10 days after the next regular ses
sion instead o f the 10 days that the Constitution gives him after
the bill reaches him, then I am willing to vote to put another
item upon this public buildings bill—an item to erect a monument
to the intellectual ingenuity o f the Senator from Oklahoma.
The PRE SID EN T pro tempore. The question is on the
amendment to the amendment.
Mr. OWEN. Mr. President, the difficulty with the Senator
from Mississippi is that he does not seem to be able to dis
criminate between the requirement o f the Constitution relating
to the veto and an act o f Congress. 'There is a great difference
between the constitutional provision relating to the veto and
an act o f Congress making a conditional appropriation. I will
invite the Senator, when he reads the R ecord to-morrow, to
scrutinize carefully his own language and see whether or not
he is quite content with it.
This is a proposed provision o f law which I offer. When it
becomes the law by act o f Congress and the approval o f the
President, the general constitutional provision relating to the
veto has nothing to do with it. Therefore the brilliant w itti
cisms o f the Senator from Mississippi are quite irrelevant and,
I might say, immaterial and void. The difficulty with the
Senator from Mississippi is that he does not discriminate be
tween the Constitution providing a rule with regard to the
veto and a law o f Congress making a conditional appropriation.
Mr. W ILLIAM S. Is it a law o f Congress making a condi
tional appropriation, or is it a law o f Congress regulating the
rules under which the President shall disapprove items in an
appropriation bill? The Constitution regulates the manner iu
which the President shall disapprove legislative acts.
Mr. OWEN. The Constitution gives the President certain
broad powers without regard to an act o f Congress, but the
acts o f Congress, being the acts o f the lawmaking body, with
the approval o f the President, prescribe a rule o f conduct for
the President, which is a legal provision and binding under the
Constitution. The Senator from Mississippi can not put his
hand upon a single provision in the Constitution which forbids
this act o f Congress prescribing the conduct o f the President.
It is not necessary for me to argue the matter any further.
It is so plain as to require no further argument.
The PRESID EN T pro tempore. The question is on the
amendment to the amendment.
The amendment to the amendment was rejected.
y
CnAPr]
1913.
COXGEESSIONAL RECORD—SENATE.
4059
Tim PRESID EN T pro tempore. Thj^ffuestiou now is on
The next amendment was, in the item o f appropriation to
tlie a liftedment.
limit the cost for the construction of an immigration station
is it, Mr. President?
Mr. SWANSON. Wliat amendni
at Baltimore, Md., on page 7S, line 21, after the word “ deed.”
It is (lie amendment relat- to insert “ and to deposit the proceeds derived from such sale
The P R E sS ^E N T pro temp^
to the menuh^nl bridge.
in the Treasury o f the United States as a miscellaneous re
Mr. SM ITH o f
I desire to offer an amendment, ceipt,” so as to read:
which I hope will solaW jm difficulties between ns. I suggest
And the Secretary of the Treasury is further authorized and directed
(hat we strike out^rffne p e n s io n appropriating $5,000,000 for to sell, in such manner and upon such terms as lie may deem for the
best interests of the United States, the site heretofore acquired for said
this bridge andjfl^ert iiistead l^^&QO.OOO.
immigration station in the city of Baltimore, M d .; and to convey the
Mr. SWANSON. I accept that a'lftendment.
last-mentioned land to such purchaser by the usual quitclaim 'deed,
The PRE SID EN T pro tempore. The" Sena tor from Georgia and to deposit the proceeds derived from such sale in the Treasury of
the United States as a miscellaneous receipt.
5rs smaniendment to the amendment, w hich'w ill be stated.
The amendment was agreed to.
Thrf S e c r e t a r y . On line 20, page 68, it is proposed to strike
The next amendment was, on page 78, line 24, to change the
o y $5,000,000 ” and insert in lieu thereof “ $1,500,000.”
number o f the section from “ 2 5 ” to “ 33,” and on page 79, line
rhe amendment to the amendment was agreed to.
11, after the word “ apparatus,” to insert “ and approaches,”
r
The amendment as amended was agreed to.
Mr. OWEN. Mr. President, I offer an amendment, to come in so as to make the clause read:
Sec . 33. That for the purpose of beginning the enlargement extension
after line 6, on page 69, which I send to the desk.
remodeling, repairing, rebuilding, or improvement, upon the present
The PRE SID EN T pro tempore. The Chair w ill say to the site, of the United States post office and courthouse at Kansas Citv
Senator that that amendment is not now in order, the Senate Mo., so as to provide additional and necessary accommodations'for the
and other governmental offices
having agreed to act first upon the committee amendments. said post office, United States courts, is hereby authorized: Provided
in said building, the sum of $150,000
They are not as yet, concluded. The Senator w ill be recognized That this authorization shall not be construed as fixing the limit of
cost of said enlargement, extension, remodeling, repairing, or improve
after the committee amendments are acted upon.
ment at the sum hereby named, but the enlargement hereby provided
The reading o f the bill was resumed.
for shall be constructed or planned so as to cost, complete^ includin''
The next amendment o f the Committee on Public Buildings fireproof vaults, heating and ventilating apparatus, and approaches,
and Grounds was, on page 69, line 7, to change the number of not exceeding $500,000.
The amendment was agreed to.
the section from “ 19 ” to “ 27.”
The next amendment was, on page 79. line 17, to change the
The amendment was agreed to.
The next amendment was, on page 69, line 15, to change the number o f the section from “ 26 ” to “ 34.”
The amendment was agreed to.
humber o f section from “ 20 ” to “ 2S.”
The next amendment was, on page 79, after line 21, to insert
The amendment was agreed to.
The next amendment was, on page 70, line 7, to change the as a new section the follow ing:
S ec . 35. That the Secretary of the Treasury be, and he is hereby,
number o f the section from “ 2 1 ” to “ 29.”
authorized and empowered to convey, by quitclaim deed, the building
The amendment was agreed to.
formerly used for post-office purposes and now known as the “ Old
The next amendment was, on page 74, line 20, before the word Exchange,” in the city of Charleston, S. C., to the Order of Daughters
“ free,” to insert “ in perpetuity,” and in line 25, after the word of the American Revolution in and of the State of South Carolina, to
it as a historical memorial
trust
use,
“ expense,” to insert “ In case o f failure o f the city o f Pitts be held by thereof by the Rebecca MottcinChapterfor such order,care, and
occupation
of said
resident
burgh to do any and all things necessary to proper fulfillment o f in the city of Charleston, State aforesaid, as the said chapter shall in
this provision, the reservoir, pipe lines, and so much o f the land its judgment deem to best subserve the preservation of said colonial
promote
adjacent thereto on the part o f the reservation which is to be building and requested.the honorable and patriotic purpose for which
the grant is
transferred to the said city as may be needed for rights o f way
Tlie amendment was agreed to.
shall revert to the United States,” so as to make the proviso r e a d :
The next amendment was, on page SO, line 10, to change (he
Provided, That before the above-described transfer by the Secretary of
War to the city of Pittsburgh shall become effective, and as an express number o f tlie section from “ 27 ” to “ 36,” and in the same line,
further consideration for said transfer, and for the surrender by the after “ 36,” to strike out :
United States of a perpetual water supply now obtained from a reser
voir located on the lands so to be transferred, the city of Pittsburgh,
through its proper officers, shall covenant and agree, at its own expense,
and within a reasonable time, to tap, within that part of the Pittsburgh
supply depot and reservation between Butler Street and the Allegheny
River retained by the United States, the 42-inch water main belonging
to the said city which now crosses the said reservation under a revo
cable license, and thereafter to furnish, in perpetuity free of charge
to the United States, all the water needed for all purposes upon the
said reservation, and shall also agree to keep its own water main, pipes,
hydrants, and other necessary appurtenances now located or hereafter
be located upon the same in good condition and repair at its own exPcnse. In case of failure of the city of Pittsburgh to do any and all
things necessary to proper fulfillment of this provision, the reservoir,
P‘l>e lines, and so much of the land adjacent thereto on the part of the
reservation which is to be transferred to the said city as may be needed
for rights of way shall revert to the United States.
The amendment was agreed to.
Tlie next amendment was, on page 75, line 6, to change the
number o f the section from “ 22 ” to “ 30,” and in line 10, after
die word “ exceed,” to strike out “ $35,000 ” and insert “ $40,000,”
Ho as to make the section r e a d :
S ec . 30. That the Secretary of the Treasury be, and he is hereby,
authorized and directed to acquire, by purchase, condemnation, or other
wise, additional ground adjoining the present site of the post office,
customhouse, and courthouse at Utica. N. Y ., at a cost not to exceed
*40,000, and that for the purpose of beginning the enlargement, exten
sion, remodeling, repairing, or improvement upon the present site and
the enlarged site herein provided for of said post office, customhouse,
find courthouse and other governmental offices in said building, the
sum of |180,000 is hereby authorized: Provided. That this authoriza
tion shall not be construed as fixing the limit of cost of said enlarge
ment, extension, remodeling, repairing, or improvement at the sum
hereby named, but the enlargement hereby provided for shall be con
structed or planned so as to cost, complete, including fireproof vaults,
“ eating and ventilating apparatus, not exceeding $365,000.
The amendment was agreed to.
The next amendment was, on page 75. line 23, to change the
Humber o f the section from “ 2 3 ” to “ 31.”
The amendment was agreed to.
The next amendment was, on page 76, line IS, to change the
number o f the section from “ 24 ” to “ 32,” and in line 20, after
(he words “ sum o f,” to strike out “ $100,000” and insert
‘ $150,000,” so as to read:
.. S ec . 32. That the limit of cost for the construction of an immigrastation at Baltimore. Md.. is hereby increased by the sum of
*.l >0,000 and such further sum as may be realized from the sale of the
site heretofore acquired for said immigration station.
Tiie amendment was agreed to.
S ec. 36. That section 30 of the act of Congress approved .Tune 25,
1910 (36 Slat., p. 0 9 6 ), authorizing the enlargement of the site for tlie
new post office, courthouse, and customhouse at Honolulu, Territory of
Hawaii, be. and the same is hereby, amended in so far as to provide
that, in addilion to the limit of cost fixed for such enlargement of site
by said act, the unexpended balance of the original appropriation for
site shall be available for the acquisition of said additional land,
together with the further sum of $75,000, which is hereby authorized
to be expended from the amount heretofore authorized for the construc
tion of said building, and the limit of cost for such additional land is
hereby increased accordingly.
Tlie amendment was agreed to.
The next amendment was, on page 80, lino 24, to change tlie
number o f the section from “ 28 ” to “ 37.”
The amendment was agreed to.
The next amendment was, on page 81, line 15, to change the
number o f the section from “ 29 ” to “ 38.”
The amendment was agreed to.
The next amendment was, on page 82, line 7, to change the
number of tlie section from “ 30 ” to “ 39.”
Tbe amendment was agreed to.
The reading o f the bill was concluded.
Mr. OWEN. I offer the amendment which I send to the desk.
The PRESID EN T pro tempore. The amendment w ill be
stated.
The S ecretary. It is proposed to add at the end o f the bill
the follow ing:
Provided, That any item in this bill returned to Congress disap
proved by the President of the United States with his objections, at
any time within the first 10 days of the next regular session thereof,
shall be void unless reaffirmed by a majority vote of both Houses.
Mr. OWEN. I do not wish to detain the Senate by discussing
this matter any further. I have already explained it. The
veto o f the President o f the United States, o f course, might bo
exercised against (his whole bill in (lie way provided by (ho
Constitution; hut if he approves this bill it will be a part o f (bo
law prescribing bis executive duties. It is plainly constitutional,
I ask for tbe yeas and nays upon this amendment.
•
The yeas and nays were not ordered.
The amendment
__________
M
A
N
D
.
are on •
I
de^WU TtfolTor. On page 21, after the word “ otherwise.” 1 moyir'^
to insert the word “ of.”
The amendment was agreed to.
COffGRESSIONAL RECORD— SENATE.
4060
F ebruary 1o
>
pared under an act o f Congress by a commission appointed two
or three years ago. Their plans have been very carefully drawn,
I have them upon my desk.
The proceeds of such sale to be held in the Treasury and used, together the details and everything.
with such further sum as may hereafter be appropriated, for the pur would necessitate a rearrangement o f ilie.w hole matter.
chase of another site for a post-office building in said city of Pittsburg.
It is impossible to construct a building that would be at all
The PRESID EN T pro tempore. The Senator w ill insert a adequate and suitable for the sum o f m oney mentioned by the
comma after the numerals.
Senator from Georgia. It is absolutely necessary if this build
Mr. SUTHERLAND. Yes.
ing is to be made at all appropriate that the amount inserted
The PRESIDEN T pro tempore. W ithout objection the by the House, $750,000, should be retained. I therefore hope
amendment is agreed to.
that the amendment will not prevail.
Mr. SUTHERLAND. In the section numbered 32 I move to
The PRE SID EN T pro t e n u r e . The question is on agreeing
strike out all down to and including the word “ follow s,” on to the amendment proposed.by the Senator from Georgia.
page 77, line 1, and to insert in lieu thereof:
The amendment was rejected.
That the limit of cost of the purchase of a site and the erection of
Mr. NEWLANDS. 1 offer an amendment as an additional
an immigration station at Baltimore, Md., heretofore fixed at $130,000.
be, and the same is hereby, increased to $280,000, and the Secretary of section.
The PRESIDENT pfo tempore. The amendment will be read
the Treasury is hereby authorized and directed to enter into contracts
for the purchase of a site and the erection of a building or buildings in
The S e c r e t a r y . If is proposed to add to the bill as an addi
said city of Baltimore, Md., the cost of such building or buildings and
site, including tilling in for pier, grading, approaches, sea wall, inci tional section the fallow ing:
Mr. SUTHERLAND.
in sert:
On page 261, after line 10, I move to
dental dredging, etc., but excluding furniture and furnishings, not to
exceed the sum of $2S0,000 ;
That the piece of ground forming a part of the land acquired by the
United States about the year 1836 as an addition to the grounds of
Fort McHenry in the State of Maryland, which is described as follows.
The PRESID EN T pro tempore. W ithout objection, the
amendment is agreed to.
Mr. SM ITH o f Georgia. Mr. President-----Mr. SUTHERLAND. It does not increase the appropriation.
Mr. SM ITH o f Georgia. That is what I wanted to ask be
fore the announcement was made.
The amendment was agreed to.
Mr. LODGE. On page 11, after line 22, I move to insert:
That the provision of the act of Congress approved .Tune 30. 1906*fixing the limit of cost for the appraisers’ stores building at Boston,
Mass., be, and the same is hereby, amended so as to fix the lim iL o f
cost at $1,250,000.
Mr. SM ITH o f Georgia. Is that an increase?
Mr. LODGE. It is. I will explain it to the Senator. I re
ceived a notification from the Secretary o f the Treasury only
on February 20. Otherwise I should have brought it to the
attention o f the committee. It was after the bill had been re
ported. The Secretary o f the Treasury wrote m e—
find I will
print his letter in the R ecord— that the amount appropriated for
this appraisers’ stores building was $900,000. The site cost
$444,000, and with the balance, $455,000, it is impossible to con
struct the building.
He says that in accordance with his estimate the building will
be constructed as designed, including elevators and mechanical
equipment and reserving an adequate amount for unforeseen con
tingencies, if the limit o f cost is increased to $350,000. The
Treasury Department advised $550,000, but I have asked for
$350,000. I will add that it would bring the whole thing to a
standstill. W e are now paying $45,000 rent for an appraisers’
stores building, and we would have to pay the interest on the
land, which w ill lie idle, for nothing can be done.
The PRESID EN T pro tempore. The question is on agreeing
to the amendment proposed by the Senator from Massachusetts.
The amendment was agreed to.
Mr. LODGE. I ask that the* letter of the Secretary o f the
Treasury be printed in the R ecord .
There being no objection, the letter was ordered to be printed
in the R ecord , as follow s:
/
T r e a su r y D e p a r t m e n t ,
O f f ic e of t h e S e c r e t a r y ,
Washing ton, February 20, 1913.
Hon. H e n r y C ab ot L odge ,
United States Senate, Washington, D. G.
S ir : Referring to the proposed appraisers’ stores building at Boston.
Mass., I have the honor to advise you that the act of Congress of
June 30, 1906, limited the cost of site and building to $900,000, all of
which has now been appropriated.
The total amount expended on
account of site is $444,052.88, leaving a balance of $455,947.12 avail
able for the construction of the building.
Under date of Decenjwer 22, 1910, this department opened proposals for
the construction, except elevators and mechanical equipment, of an
eight-story and basement building, of 14,000 square feet ground area,
but inasmuch as the lowest bid was $589,000 it was impossible to award
a contract.
It is estimated that the building can be constructed as designed, in
cluding elevators, and mechanical equipment, and reserving an adequate
amount for unforeseen contingencies, by an increase in the limit of
cost of $350,000. If the limit of cost was increased $550,000 it would
be possible to add 2 more stories to the building, making 10 stories in all.
Respectfully,
F r a n k l in M a c V e a g h , Secretary.
Mr. SMITH of Georgia. On page 58, beginning in line 2, I
move to insert so that the same will rea d :
In accordance with the plans to be approved by said commission, the
total cost not to exceed the sum of $250,000.
The effect of that amendment would be to make the cost of
the auditorium at Arlington $250,000 instead o f $750,000.
Mr. SUTHERLAND. A bill appropriating $750,000 for that
purpose has passed the Senate and it has passed the House.
Both committees have considered it fully. The plans were pre
S e c . — . That a commission composed of two Members of the Senate
to be appointed |jf the President of the Senate, and two Members of
the House of Representatives, to be appointed by the Speaker of the
House, shall. vm h the aid of the Supervising Architect of the Treasury
and of the Commission of Arts and of a member of the Engineer Corps
of the A rmy.Fto be appointed by the President, present to Congress a
connected jameme, involving annual appropriations for the construction
and conujKtion of public buildings heretofore authorized within a
reasonable time, and shall frame a standard or standards by which the
size and'cost of public buildings shall, as far as practicable, be determinetypand shall report as to the adaptability in size, accommodations
and $osf of buildings hitherto authorized to the requirements of the
conjfiiunities in which they are to be located, and also whether the
existing appropriations should be increased or diminished to meet such
fafuiremonts, and that the sum of $5,000 is hereby appropriated for the
dispenses of such inquiry.
Mr. NEWLANDS. I may add, Mr. President, that I under
stand in some cases there are authorizations for the construc
tion of public buildings as much as 4 or 5 years old, where the
construction has not been commenced, and that in many cases
the requirements have changed, either diminishing or increasing
Mr. SUTHERLAND. Mr. President-----Mr. NEWLANDS. I would suggest that this amendment be
put upon the bill and be made the basis o f a more complete
provision by the committee o f conference.
Mr. SUTHERLAND. I see no objection to the amendment.
The PRESIDEN T pro tempore. The question is on agreeing
to the amendment proposed by the Senator from Nevada.
The amendment was agreed to.
Mr. BRANDEGEE. I offer the amendment which I send to
the desk.
The S e c r e t a r y . On page 26, after line 30, insert the following :
That the Secretary of the Treasury be, and he is hereby, authorized
and directed to contract for the erection and completion of a suitable
building, including fireproof vaults, heating and ventilating apparatus
and approaches, for the use and accommodation of the United States
post office and other Government offices, on a site already acquired in
the town of Middletown. State of Connecticut, the cost of said build
ing, including said vaults, heating and ventilating apparatus, and anproaches, complete, not to exceed the sum of $140,000.
Mr. BRANDEGEE. Mr. President, I wish to say verv briefly
in explanation o f the amendment, that the Representative in
Congress from that district in Connecticut had an understand
ing with the Committee on Public Buildings and Grounds in the
House o f Representatives that that appropriation should go on
for that city. He was a member o f the Committee on Military
Affairs and was called to the Isthmus o f Panama on his official
duties. While he was gone the committee, for some reason
which I do not know, did not insert the provision in the bill
and when the Representative from the district returned from the
Isthmus o f Panama the bill had not only been reported from the
committee, but passed by the House without this provision in it.
The people in the town concerned— Middletown, which I know
very well—immediately got in communication with me about it,
and I at once went to the chairman o f the Senate committee]
hoping to have it inserted by the committee here. But the com
mittee o f the Senate had closed the bill and reported it to the
Senate, and I was unable to get any relief at all.
I want to say that the city o f Middletown is the county seat
of Middlesex County. It is one o f the oldest cities in the State
of Connecticut. It has a population o f 30,000. It has 61 manu
facturing industries, a steam railroad, two large State institu
tions. It is the seat of the Wesleyan University and o f the
Berkley University school. It is an enterprising and growing
city. In view o f the situation, both in the House and Senate,
which I have outlined, I hope the chairman o f the committee
will see his way not to oppose this amendment, if the Senate
desires to put it on the bill.
Mr. SUTHERLAND. Mr President, I dislike very much to
oppose any amendment that is suggested, but if the bill is
opened to amendment of that character I can assure the Senate
that we shall add some two or, three million dollars to the bill.
I have had a number of Senators suggest to me that they desire
1913.
CONGRESSIONAL RECORD— SENATE.
Mr. SM ITH o f Michigan. N o; I will make it .$20,000, Mr.
President, if Senators will now come to my support.
The PRESID EN T pro tempore. The Senator from Michigan
proposes an amendment, which will be stated.
The S e c b e t a r y . Under the heading o f “ Sites for post offices,”
it is proposed to in sert:
For post office at Calumet, Mich., $20,000.
The PRESID EN T pro tempore.
The question is on the
amendment.
The amendment was agreed to.
Mr. STONE. Air. President, I offer the amendment which I
send to the desk.
The PRESIDEN T pro tempore. The amendment proposed by
iho Senator from Missouri will be stated.
The S e c r e t a r y . On page 32, after line 4, it is proposed to
in sert:
For one additional mail lift and one combination freight and passen
ger elevator, and for additions to mail apparatus and other improve
ments at the new icity post office, St. LouisJ Mo., to be immediately
available, $47,550. s
The PRESID EN T pro tempore. The question is on agreeing
to the amendment*
Mr. STONE. Ali. President-----Mr. SUTHERLAND. Mr. President, has the Senator had an
estimate for that it£m?
Mr. STONE. I w%s about to state that I had when some
Senator said that the amendments-liud been agreed to.
The PRE SID EN T pro tempore. The question is upon the
amendment.
Air. STONE. I thought it had been agreed to.
The PRESID EN T p is tempdFe. The Senator was mistaken.
Air. STONE. I will $igree.?not to make a speech if it is
agreed to.
I
?
The PRESID EN T pref teanpore. The question is on the
amendment o f the Senator from Missouri.
The amendment was agjseed to.
Air. CLAPP. Air. President, some time ago my colleague
(Air. N e l s o n ] proposed ab amendment to this bill, which he
liad printed and referredstotlie committee. lie was unable to
remain here this eveninajfan| asked me to present it. I realize
that the hour is late, bjut I trust that that will not interfere
with the Senate giving the amendment due consideration
send it to the desk to pe read.
The PRESID EN T pro tempore. The amendment will be stated.
r he S e c r e t a r y . At?the proper place in the bill it is proposed
l
to insert:
That the Court of f^aims of d is u n ite d Stales shall, upon petition
and motion duly madNby the Secretary of the Interior or the National
Automatic Fire AlarmfCo., of Washington, D. C., the contractor, under
contract with the saril Secretary of'- the Interior duly authorized by
Congress, hearing date of December 17, 1903, to install and place in
the various buildings of the Government Hospital for the Insane an
automatic thermostatic fire-alarm system, the same having been placed
therein under said contract by said company, and a temporary receiver
duly appointed by said court with the tacit consent of said department
to complete the construction thereof, after first having given notice of
such motion to the parties in interest, inquire into, hear, and forth
with determine the following issues of law and fact now pending and
unsettled between-the said parties to said contract in order that said
system may at once be put into operation for the protection of said
buildings and the inmates therein confined against fire— full juris
diction being hereby conferred upon said court to carry into effect
the provisions herein contained :
First. Whether or not the said contract of December 17, 1903, above
referred to, haii been performed according to its terms and require
ments by the said contractor or by the said receiver, and whether or
not, in law and in fact, the work required and done under said contract
by said contractor and by said receiver has been or should be aceepted by the United States as properly and fully performed; and if
not, what further obligation, if any, rests upon the contractor in con
nection therewith and the cost of discharging the same.
Second. Whether or not the United States under and by virtue of
the terms oDsaid contract of December 17, 1903, became and is the
absolute owner of said system as installed and placed and of the right
to use and operate the said system and the patent rights thereinto
entering without further right of compensation to the contractor or
to any other person claiming adversely, and also Avhat their respective
lights are tinder said contract and the value thereof to the United
States of siteh as are not now owned by it.
The said Court of Claims shall, after considering and determining
Ihe questions submitted, report and certify the fincl|pgs and opinions to
Congress at the earliest practicable date ; and shall also certify the
amount of court costs incurred solely by reason of the proceedings
had herevteder.
,
,
.
, „
,
That the said Court of Claims Is hereby given full power and
authority to call upon the Supreme Court of the Disjunct or Columbia
for such information and papers as it shall deem necessary to carry
out the provisions hereof.
Air. SUTHERLAND.
Air. President, I am very familiar
with that proposed amendment. It evidently does not belong
on this; bill.
\
, .,
Air. CLAPP. Was it not through inadvertency that it was
omitted from the bill?
,
Air. SUTHERLAND. N o; it does not belong in Iho bill at all.
Air. CLAPP. It relates to a claim growing out o f the con
struction o f a public building.
1
40G3
IlN '"
Mr. SUTHERLAND. But this is a bi.y-Taut h om in g public
buildings, sites, and matters o f that kindN
AH- CLAPP. But before we authorize the construction of
new:' 4 uiildings we ought to pay J # those we have already
erectedTSv
Air. SUT¥f4jRLAND.
hply providing for a method o f
settling a d isp fa ^ betwe
Government and some individua 1
.
Air. CLAPP. It
a building.
Air. SUTIIERLAjlHi. Yes; Ifu i^ td oes not belong on Ibis bill
any more thanMWt grew out o f sow y^ m g else, and I make the
point o f ordejt*?Tgainst the ainendii)ent ” ^fe>(.|
The PRhJfflDENT pro tempore. On w hatgN niuU
Air. S ^ E R L A N D . It is not germane and it is a p W ^ .y la iiii.
The-T*RESIDENT pUo 4eippure. Neither o f those pointswdnld
lie. This not being a general appropriation bill, the question
as to whether an amendment is germane or not does not apply;
.....
any inhibition against a private claim being attached
1 except.a general appropriation bill. lie n e e , the point
1
is overruled. The question is on agreeing to the
ldment.
amendment was rejected.
OWEN. On page 7(5, lines 33 and 32, I move to strike
out the w ord s:
And no person now in Die employ of the Supervising Architect’s
Office shall be eligible to such employment.
The hill as it is drawn would prevent any architect who
might possibly he employed In the Supervising Architect’s Office
from being eligible to serve in these positions, which are being
created for the purpose o f designing and standardizing public
buildings. I think the provision limits the authority o f the Gov
ernment to employ men who might be entirely tit and who are
already in the Government service and fam iliar with Govern
ment buildings.
All’. SUTHERLAND. Air. President, this is a House provi
sion foi’H l ^ employment of men at salaries o f from $5,000 to
$0,000 a yeatr-as I recall, under the Supervising Architect. I
think no empioye^JNu that office now are paid more than $2,000.
Am I correct in th a U r wiU .ask fhe Senator from Texas?
Air. SHEPPARD. That is firoluiblv the maximum.
Air. SUTHERLAND. The maxniTntu is $2,000.
Mr. SHEPPARD. Sfhnething like tha?>iiut over $2,500.
Air. SUTHERLAND. They are men who am.^videnl ly not
sufficiently expert io he employed in such positions. Tin; Super
vising Architect himself agrees that this amendment is piyper.
These architects have got to be selected from outside o f the offi ce,
and we simply want to prevent any man who is not qualified to
till that position from being selected. I think it is a very wise
provision and that it ought to remain in tlie bill.
Mr. OWEN. It does not seem right to exclude the possibility
o f advancement o f men who are already in the Federal service.
The PRESIDENT pro tempore. The question is on agreeing
to the amendment.
The amendment was rejected.
Air. SAIITH o f Georgia. I suggest that when the Senate ad
journs to-day it adjourn to meet at 32 o’clock noon to-morrow.
Air. W ARREN. Air. President, 1 hope the Senator will not
do that. We have two very large and important appropriation
bills ready for to-morrow.
Air. SAIITII o f Georgia. Very well.
Air. NEWLANDS. I inquire if the bill is now in the Senate?
The PRESID EN T pro tempore. The bill has not yet been
reported to the Senate.
Air. JONES. Air. President, I have waited patiently until
these various good amendments have been passed upon by the
Senate, and I now present one that is most meritorious.
The PRESIDEN T pro tempore. The amendment will bo stated.
The S e c r e t a r y . On page 2?., line 24. it is proposed to strike
out “ $300,000” and insert “ $3,250,000,” so as to read;
United States post office at Seattle, Wash., $1,250,000.
Air. JONES. Air. President, I am satisfied that when the
Members o f the Senate understand the necessity for this amend
ment they will adopt it, because they want only provisions o f
merit, in the interest o f the Government, in ib is bill.
The situation at Seattle is as follow s:
We had a population o f about 70,000 when provision was
made for the public building we now have. It has become
wholly inadequate, just as we thought it would at the time it
was provided for. W e had a population at the time o f the cen
sus of 1910 o f 237,000 instead o f the 70,000 people when our
building was given. The Government necessities have increased
accordingly. Our post-office receipts in 3902 were $233,000. Now
they are over $3,000,000. We have a site that was purchased
at a cost, I think, o f one hundred and sixty-odd thousand dol
lars. The present post office is away up in the town, far away
;* ¥
4004
CONGRESSIONAL RECORD— SENATE.
F km /'ABV 20.
from file railway station. The site we have purchased is near possible work that can be engaged in by lufman beings—that
the railway station. It is estimated that we will save the carried on by the Red Cross Society. It deemed to me to be
Government about $100,000 every year in the transportation of a beautiful conception that it should be djflicated to the women
the mails that came into Seattle when we get the post office on and their sacrifices; and I was glad and oftjoyed and was in sym
the new site near the station. That is because there is a large pathy with every word said in that r e s e c t and voted that way.
But later I learned what I did i n / f fully appreciate then—
amount o f foreign m att oriental mail and Alaskan mail, that
comes into Seattle that has to be carried from the station up to that the initiative in this matter copies from the Loyal Legion
the present post office, sorted, distributed, and then carried back and its proposal to contribute $3G|C000, and that its initiative
to the station. This would all be avoided if the post office has resulted in this proposal. Thfft really puts a different phase
should be located at the new place. Cars o f mail couid be run upon the situation with referem * to this proposal.
I should like to see the p rim si on go in as it once before
into the new building, prepared for transmission, and sent out,
and the cost o f taking it uptown and back, as now, would be saved. passed the Senate, I underst^fid. On that account my vote will
Then we need quarters for Government offices now without be different than it was bef
Mr. W ILLIAM S. Mr. p resid en t, having stepped into the
quarters— for the Bureau o f Investigation, the Internal-Revenue
take a smoke, I was very much sur
Bureau, the Customs Service, the Steamboat-Inspection Service, cloakroom for a moment
the Bureau o f Mines, the Geological Survey, the Pension Office, prised when I came outeto find that a motion had been made to
the Forest Service, the Weather Bureau, Arm y departments, strike out this entire .^provision. The Senate had passed upon
and several other offices for which the Government has to rent it ; the Senate had jffnended it ; the Senate’s amendment had
lent it a broader anu a more national meaning than that writh
quarters in private buildings.
It now costs about $100,000 a year to take the foreign and which it came fra#? the committee, and I felt almost outraged
Alaskan mail and the mail for the southern part o f the city to by the idea thatjjtho entire provision had been stricken out on
the present post office and bring it back. This would all be a viva voce v otjfw ith ou t an opportunity for me to call for the
saved. We are now paying nearly $20,000 a year in rent. By yeas and nays. I would rather this provision were passed in
making this appropriation now' we will save almost the increase the shape inllrhich it was originally presented to the Senate
in six or seven years. Refuse it and these extra expenses will than not pajfed at all.
I do n oyfh in k it is right; I do not think it is fa ir : I think
continue to increase.
Upon this showing it seems to me we ought to adopt this amend it is exceedingly sectional and unfair, just because some
ment. Three hundred thousand dollars w ill not build a suitable organization upon one side or the other has taken the initiative
building there. It simply means that the $300,000 w ill lie idle in a mmter o f this sort, to appropriate the public money coluntil we get another public buildings bill, when it must be in lected<^rrom the people o f the Southern as well as the Northern
creased. This w ill be two or three or more years, and this Stated to celebrate and commemorate the heroism and the conannual expenditure to which I have referred will go on. The staqjfr o f the women o f some o f the States o f the United States,
expressly leaving out the women o f the other States o f
department estimates that the cost o f the building, simply for
United States.
post-office purposes, would be $750,000, and that the cost of
'hat the Senate did was done upon my motion. WTiat the
erecting a suitable building for all the Government offices for
enate did was right, and ought to have been done. The fact
which we need quarters would be $1,250,000. I am reading from
iat somebody “ initiated” the original proposition has nothing
the department letter.
to do with it. You know as well as I do that if a league o f Con
W e already have our site, in which we have invested near
federate veterans or a society o f Confederate women had come
$200,000. I f Congress does not increase this appropriation
here contributing $300,000 and asking you to appropriate the
w ill simply rest until we get another public-buildings bill to
crease the appropriation, and meanwhile we w ill pay out p o s other $400,000 you would not have done it. You would have
sibly $100,000 a year that we can save by the early construction refused to do it upon the ground that it was sectional.
I repeat what I said earlier in the evening— that this Union
o f this building. So it seems to me it is a matter o f ecqjftomy,
and for the benefit o f the Government, to make a sufficient ap no more belongs to the North than it does to the South. It
propriation now to erect the building required by the jfeeds of no more belonged to the North before the war than it did to the
the Government. I hope the amendment w ill be agrejfi to.
South. It no more belonged to the North after the war than
The PRESIDEN T pro tempore. The question is on m e amend it did to the South. So far as the phrase “ United States ” is
ment offered by the Senator from Washington
concerned, it meant nothing during the four years o f wrar be
The amendment was rejected.
3
tween the States.
There were then temporarily a couple
The bill was reported to the Senate as am eiped, and the o f congeries or groups o f formerly united and subsequently
amendments were concurred in.
g
reunited Stales, temporarily disunited; and the only advantage
Mr. SUTHERLAND. Mr. President, I ask # a t the Secre that you had o f us was that a m ajority o f the States were on
tary be authorized to correct the section numbers.
your side. The United States is just as much my heritage and
The PRESIDEN T pro tempore. That will Jjfe done.
my present enjoyment as it is yours.
Mr. NEWLANDS. Mr. President, the Senator from Oklahoma
I shall move to substitute for the amendment proposed by the
[Mr. Goke] suggests that the joint com m ittejf of the Senate and Senator from New York [Mr. R oot] the provision as it was
House, consisting o f two Members o f eachmody, which was to adopted by the Senate. I f that motion to substitute shall fail,
make a certain investigation, should be increased by adding to I shall then vote for the amendment offered by the Senator from
it the Secretary o f the Treasury, the Postmaster General, and New York, because I am not willing to put myself in the attitude
the Attorney General, for whose departments most o f the build o f not paying due tribute to noble and heroic women anywhere
ings will be constructed. I have consulted with the chairman simply because I can not include all the noble and heroic women
o f the committee, and he has no objection to adding those names. o f the Union. But I do say that i f you pass it in that form
I w ill ask unanimous consent that tjfeir names may be added you are narrow, you are sectional, you are selfish, and you had
to this provision.
better quit talking about “ bridging the bloody chasm ” and “ a
The PRESID EN T pro tempore. /T h e Senator reserves that reunited Nation ” and “ the whole country being together again.”
amendment, then, and moves to ajtfend it as he has stated. Is You thereby confess that it is alj lip service.
there objection? The Chair hearjfnone, and it is so ordered.
You were no more the “ United States ” for four years than
Mr. ROOT. Mr. President, I f move to amend by inserting, we were. Neither o f us was. We were the disunited States,
after section 12, section 13 in /th e original form in which it warring with one another in a mflsst unfortunate war. But I
was reported by the committed That is the provision for the want to make the announcement tlnk if my substitute shall fail
Red Cross building.
I would rather pay tribute to the w%nen o f the North during
I think, Mr. President, tM t when the Military Order o f the that war than to refuse to pay tribl^e to any o f the noble
Loyal Legion and the RedJCross come with a proposal o f this women at all.
\
kind, and with h alf o f Ure money raised themselves to carry
I move, Mr. President, that the provM on as it passed the
out the project, they arjrentitled to a vote o f the Senate upon Senate be substituted for the amendment proposed by the Sen
their proposal. I ask jm at the Senate give that vote. I f the ator from New York.
Senator is unwilling JO agree to the proposal, well and good;
Mr. BRADLEY. Mr. President, I want to iky just one word
but I think there ou ^ it to be a vote.
in explanation o f my vote. I voted for the am%idment offered
Mr. CRAWFOB d T Mr. President, when this matter was up by the Senator from Mississippi [Mr. W i l l i a m s ^ , not under
a while ago I was one of those who voted to strike out the standing the facts o f the case. I am similarly situated with
word “ loyal.” I did not understand the history o f the pro the Senator from South Dakota [Mr. C k a w f o s d ].
posed legislation at that tim e; that is, I did not understand
I want to say that I come from a State which, while it
that the initiative had been taken by this legion and its pro remained in the Union, was very much divided in sentiment dur
posal to raise $300,000. To my mind, it was a beautiful con ing the war. No man in this great country o f ours respects
ception for the Government to assume the entire obligation more the heroism o f the women o f the South who were friends
and to pay for this building and to turn it over to the noblest o f the Confederacy than I, and no man w ill vote more readily
1913.
CONGRESSIONAL RECORD— SENATE.
sippi rMr. W i l l i a m s ] , and I should like to know if this entire
proposition is not on the table now?
The PRESID EN T pro tempore. It was laid on the table as
in Committee o f the AVhole, but the amendment can be renewed
in the Senate.
Mr. GORE. Very well.
The PRESID EN T pro tempore. The question is on the
amendment o f the Senator from Oklahoma [Mr. G o re ] to the
amendment o f the Senator from New York [Mr. R oot ]. [Putt'ing the question.] By the sound the “ n oes” seem to have it.
Mr. GORE. I ask for the yeas and nays.
The yeas and nays were not ordered.
The amendment to the amendment was rejected.
The PRESID EN T pro tempore. The question recurs on the
amendment o f the Senator from New York [Mr. R oot ] . [Put
ting the question.]
Mr. SM ITH o f Georgia. I ask for the yeas and nays on that.
The yeas and nays were ordered, and the Secretary pro
ceeded to call the roll.
Mr. CHAM BERLAIN (when his name was called). I trans
fer my general pair with the Senator from Pennsylvania [Mr.
O l iv e r ] to the junior Senator from Maine [Mr. G a r d n e r ] , and
will vote. I vote “ nay.”
Mr. DILLING H AM (when his name was called). Renewing
tke announcement o f the transfer o f my pair made on the last
vote, I vote “ yea.”
Mr. PERCY (when his name was called). I have a pair with
the senior Senator from North Dakota [Mr. M c C u m b e r ] . I
transfer that pair to the junior Senator from Nebraska [Mr.
H it c h c o c k ], and w ill vote. I vote “ nay.”
Mr. PERKIN S (when his name was called). I again an
nounce the transfer o f my pair with the Senator from North
Carolina [Mr. O v e r m a n ] to the Senator from Massachusetts
[M r. C r a n e ], and will vote. I vote “ yea.”
Mr. SM ITH o f Michigan (when his name was called). I again
announce the transfer o f my pair and will vote. I vote “ yea.”
Mr. SM ITH o f South Carolina (when his name was called).
I again announce my pair with the Senator from Delaware
[Air. R ic h a r d s o n ] and transfer it to the Senator from Tennes
see [Mr. W icbr], and will vote. I vote “ nay.”
Mr. W AR REN (when his name was called). I transfer my
pair with the Senator from Louisiana [Mr. F o s t e r ] to the
Senator from South Dakota [Mr. G a m b l e ] , and will vote. I
vote “ yea.”
The . roll call having been concluded, the result was an
nounced—yeas 30, nays 20, as follow s:
Bradley
Brady
Brandegee
Bristow
1*urn ham
Clapp
Clark. Wyo.
Crawford
Bankhead
Bryan
Chamberlain
b loseher
Core
Asharst
Lacdta
Borah
Bourne
B'-iggs,
Brown\
Burton \
Catron \
Chilton \
Clarke, Ark\
Crane
\
Culberson
\
Y E A S— 30.
Page
Cummins
Paynter
Dillingham
Penrose
Fall
Perkins
Ballinger
Pittman
Kenyon
Poindexter
Lodge
Root
Martine. N. J.
Smith, Mich.
Newlands
N AY S— 20.
Percy
.Tones
Sheppard
Kern
Shively
Lea
Smith, Ariz.
Martin, Va.
Smith, Ga.
O’Gorman
NOT VOTING— 45.
Johnston, Ala.
Cullom
Kavanaugh
Curtis
La Follette
Dixon
Lippitt
du Pont
McCumber
Foster
McLean
Gamble
Myers
Gardner
Nelson
Gronna
Oliver
Guggenheim
Overman
Hitchcock
Owen
Jackson
Pomerenc
Johnson, Me.
Smoot
Sutherland
Townsend
Warren
Wetmore
Williams
Smith, Md.
Smith, S. C.
Stone
Swanson
Thomas .
Reed
Richardson
Simmons
Stephenson
Thornton
Tillman
Watson
Webb
Works
o f the Senate to explain why, beyond saying that it is simply
because section 13 has been added to the bill.
Mr. BRISTOW . I desire to state that I had intended to vote
against the bill but because o f the amendment offered by the
Senator from Indiana [Mr. K e e n ], which take's from the bill
the very objectionable features which it contained, I now ex
pect to vote for it.
Mr. FLETCHER. Mr. President, I desire to say that it had
been my purpose all along to vote for this bill, and this is all
I have had to say on the subject; but in view o f the amendment
offered b y the Senator from New York [Mr. R oot ], which has
been adopted by the Senate, I shall vote against the hill. I
think it a most unfortunate thing to have brought a proposition
o f that kind into a measure o f this character at this time, or
even to have brought it here at all. It seems to me a great
impertinence on the part o f any organization in this country to
come to the Congress o f the United States and ask th at'the
money o f all the people o f this country shall go to celebrate the
fruits and the sacrifices of only a part o f the people whom they
name and whom they seek to distinguish and to set' apart anil
specify as the only people worthy o f commemoration.
I say not only that, but if tljat organization desire to build
monuments or otherwise to commemorate people, let them
proceed to do it in their own way and after their own manner;
but I say it is not proper that they should come here and ask
Congress to vote hundreds o f thousands o f dollars to help them
carry on a work o f sectionalism and o f discrimination. I con
sider that the involving o f that great philanthropic organiza
tion— the Red Cross— in a scheme or plan o f that kind is un
fair to it, and is a proposition which the Senate ought to reject,
and which the Congress o f the United States ought not for one
moment to countenance.
Therefore I shall vote against the hill.
The PRESIDEN T pro tempore. The Secretary will call the roll.
The Secretary proceeded to call the roll.
Mr. CHAMBERLAIN (when his name was called.) I transfer *
my pair to the junior Senator from Maine [Mr. G a r d n e r ], and
will vote. I vote “ yea.”
Mr. DILLINGHAM (when his name was called). I again an
nounce the transfer o f my pair with the Senator from South
Carolina [Mr. T i l l m a n ] to the Senator from Wisconsin [Mr.
S t e p h e n s o n ], and will vote. I vote “ yea.”
Mr. PERCY (when his name was called). I again transfer
my pair with the senior Senator from North Dakota [Mr. M c
C u m b e r ] to the senior Senator from Nebraska [Mr. H it c h
c o c k ], and will vote.
I vote “ nay.”
Mr. PERKINS (when his name was calied). Again announc
ing the transfer o f my pair, I will vote. I vote “ yea.”
Mr. SM ITH o f Michigan (when his name was called). I
again announce the transfer o f my pair with the junior Senator
from Missouri [Mr. R eed ] to the junior Senator from Rhode
Island [Mr. L i p p i t t ] , and w ill vote. I vote “ yea.”
Mr. SMITH o f South Carolina (when his name was called).
I again announce the transfer o f my pair to the junior Senator
from Tennessee [Mr. W e b b ], and will vote. I vote “ nay.”
Mr. W ARREN (when his name was called). Under the same
arrangement o f transfer o f pairs, I vote “ y e a .’
The roll call having been concluded, the result was an
nounced— yeas 35, nays 15, as follow s:
Bradley
Brady
Branaegee
Bristow
Burnham
Chamberlain
Clapp
Clark, \Yyo.
Crawford
Bankhead
Y EAS— 35.
Newlands
Cummins
Page
Dillingham
Paynter
Fall
Penrose
Gallinger
Perkins
Jones
Pittman
Lea
Poindexter
Lodge
Root
Martin, Va.
Smith, Ariz.
Martine, N. J.
N A Y S — 15.
Sheppard
Kenyon
Shively
Kern
Smith, Ga.
O’Gorman
Smith, S. C.
Percy
NOT VOTING— 45.
Cullom
Johnston, Ala.
Curtis
Kavanaugh
Dixon
La Follette
du Pont
Lippitt
Foster
McCumber
Gamble
McLean
Gardner
Myers
Gronna
Nelson
Guggenheim
Oliver
Hitchcock
Overman
Jackson
Owen
Johnson, Me.
Pomereno
\
Smith, Md.
Smith, Mich.
Smoot
Sutherland
Swanson
Townsend
Warren
Wetmore
\
LI
j
Stone
Thomas
Bryan
£?o Mr. R oofX am endm eut was agreed to.
Williams
Fletcher
'I he amendments were ordered to be engrossed, and the bill Goz-e
to be read a third
The bill was read theThtrATime..
Reed
Ashurst
The PRE SID EN T pro tempore. The question is, Shall the Bacon
Richardson
Borah
Simmons
t>iII pass?
Bourne
Stephenson
Mr. SM ITH o f Georgia. On that I ask for the yeas and nays. Briggs
Thornton
Tillman
Brown
The yeas and nays were ordered.
Watson
Mr. BRYAN. Mr. President, I desire to say in a word that Burton
Webb
Catron
1 voted to strike out all after the enacting clause o f the bill Chilton
Works
)v“ en it w as supposed that $5,000,000 would he voted fo r the Clarke, A rk .
D
£*dge across the Potomac River and before the amendment Crane \
Culberson '
offered b y the Senator from Indiana [Mr. K e r n ] was adopted.
So the bill was passed.
After Hie reduction o f the amount to be available for that
Mr. SUTHERLAND. I move that the Senate adjourn.
bridge and after the adoption o f the amendment offered by the
Mr. O’GORMAN. I move that we meet to-morrow at 12
Senator from Indiana, I had determined to vote for this bill.
do not intend to do so now, but w ill not take up the time o'clock instead o f 10 o’clock.
I;*1
'"
|;.l
/
i .i
■f
CONGRESSIONAL EECORD— SENATE.
4608
Mr. SUTHERLAND. That can not he clone.
Mr. WARREN. A motion to amend a motion to adjourn can
not he entertained.
The PRESID EN T pro tempore. The question is upon the
motion o f the Senator from Utah, that the Senate adjourn.
The motion was agreed to ; and (at 3 o'clock and 00 minutes
a. m., Thursday, February 27) the Senate adjourned until 10
o’clock a. m., Thursday, February 27, 1913.
NOMINATIONS.
E x e c u t i v e n o m in a tio n s re c e iv e d b y th e S e n a te F e b r u a r y 2 6 ,1 9 1 3 .
C o n su l General.
James A. Smith, of Vermont, now consul general at Genoa, to he
consul general o f the United States o f America at Calcutta, India.
P r o m o t io n s
in
t iie
A
rm y.
F ebruary 2G
P ostm asters.
ALABAMA.
John S. Johnson to be postmaster at Brantley, Ala. Office
became presidential January 1, 1912.
Spencer J. McMorris to be postmaster at Wetumpka, Ala., in
place o f Spencer J. McMorris. Incumbent’s commission expired
February 27, 1912.
COLORADO.
George C. Reiley to be postmaster at Ordway, Colo., in place
o f Milton E. Bashor, resigned.
CONNECTICUT.
S. Augustus Coffey to be postmaster at Plainfield, Conn.
Office became presidential October 1, 1912.
FLORIDA.
Samuel J. Giles to be postmaster at Carrabelle, Fla., in place o f
Samuel J. Giles. Incumbent’s commission expired February 9,1913.
Lieut. Col. George M. Dunn, judge advocate, to he judge advo
Charles N. Hildreth, jr., to be postmaster at Liveoak, Fla.,
cate with the rank o f colonel, from February 20. 1913, vice Col. in place o f Charles N. Hildreth, jr. Incumbent’ s commission ex
Harvey C. Carbaugh, retired from active service February 19,1913. pired February IS, 1913.
Maj. Lewis E. Goodier, judge advocate, to be judge advocate
James A. Zipperer to be postmaster at Madison, Fla., in place o f
with the rank o f lieutenant colonel, from February 20, 1913, vice James A. Zipperer. Incumbent’s commission expires March 2,1913.
Lieut. Col. George M. Dunn, promoted.
GEORGIA.
Capt. Samuel T. Ansell, Infantry, unassigned, acting judge
Mary A. Hale to be postmaster at Smithville, Ga. Office be
advocate, to be judge advocate, with rank o f major from Feb
came presidential January 1, 1913.
ruary 20, 1913, vice Maj. Lewis E. Goodier, promoted.
Isaac T. Sellers to be postmaster at Cornelia, Ga.. in place of
ORDNANCE DEPARTMENT.
Isaac T. Sellers. Incumbent’s commission expired February
Lieut. Col. Edwin B. Babbitt, Ordnance Department, to be 20,1913.
colonel from February 20. 1913, vice Col. Charles H. Clark, re
KANSAS.
tired from active service February 19, 1913.
Edwin J. Bookwalter to be postmaster at Halstead, Ivans.,
Maj. John W. Joyes, Ordnance Department, to be lieutenant
colonel from February 20, 1913, vice Lieut. Col. Edwin B. Bab in place o f Edwin J. Bookwalter. Incumbent’s commission ex
pires March 1, 1913.
bitt, promoted.
Gertrude Stevens to be postmaster at Goodland, Ivans., in
CAVALRY ARM.
place o f . Gertrude Stevens. Incumbent’s commission expired
• First Lieut. Frank T. McNarney, Twelfth Cavalry, to be cap February 20, 1913.
tain from February 22, 1913, vice Capt. Philip W. Corbusier,
LOUISIANA.
Eighth Cavalry, detailed in the Quartermaster Corps on that date.
Yalry G. Ledoux to be postmaster at Lake Arthur, La., in
Second Lieut. George L. Converse, jr., Fourteenth Cavalry, to
be first lieutenant from February 22, 1913, vice First Lieut. place o f Robert B. Johnson, resigned.
MARYLAND.
Frank T. McNarney, Twelfth Cavalry, promoted.
Leslie W. Gaver to be postmaster at Middletown, Md., in
COAST ARTILLERY' CORPS.
Cyril Arthur Winton Dawson, o f Washington, to be second place o f Leslie AY. Gaver. Incumbent’s commission expired
lieutenant in the Coast Artillery Corps, with rank from January February 9, 1913.
MASSACHUSETTS.
3, 1913.
John AY. Baldwin to be postmaster at North A ’ ilbraliam,
A
P r o m o t io n s i n t h e N a v y .
Capt. Wythe M. Parks, an additional number in grade, to be Mass. Office became presidential October 1, 1911.
M IC H IG A N .
a rear admiral in the Navy from the 13th day o f February, 1913,
with the officer next below him.
Charles II. Baird to be postmaster at Holly, Mich., in place of
Capt. Frank H. Bailey, an additional number in grade, to be Charles II. Baird. Incumbent’s commission expired April 24.1912.
a rear admiral in the Navy from the 13tli day o f February,
M ISSISSIPPI.
1913, with the officer next below him.
Frank M. Elliott to be postmaster at Okolona, Miss., in place
Macdonougli C. Merriman, a citizen o f New York, to be an
o f Irene F. Elliott, deceased.
assistant paymaster in the Navy from the 21st day o f February,
\
MISSOURI.
1913, to fill a vacancy.
Second Lieut. Joseph C. Fegan to be a first lieutenant in the
AVillard A. Seymour to be postmaster at Sturgeon, Mo., in
Marine Corps from the 5th day of February, 1913, to fill a vacancy. place o f W illard A. Seymour. Incumbent’s commission expired
Charles P. Lynch, a citizen o f Texas, to be an assistant surgeon February 17, 1913.
MONTANA.
in the Navy from the 19th day o f February, 1913, to All a vacancy.
Commander W illiam H. G. Bullard to be a captain in the
Edward B. 'Newhall to be postmaster at Big Sandy, Mont.
Navy from the 1st day o f July, 1912, to fill a vacancy.
Office became presidential January 1, 1913.
Commander Joseph W. Oman to be a captain in the Navy
NEBRASKA.
from the 13th day o f February, 1913, to fill a vacancy.
Anna Austin to be postmaster at Deshler, Nebr. Office became
Lieut. Commander Percy N. Olmsted to be a commander in
the Navy from the 16th day o f January, 1913, to fill a vacancy. presidential January 1, 1913.
NEW YORK.
Lieut. Commander John R. Brady to be a commander in the
Albert A. Boyntoh to be postmaster at Elizabethtown, N. Y.,
Navy from the 12th day o f February, 1913, to fill a vacancy.
Lieut. Bayard T. Bulmer to be a lieutenant commander in the in place o f H arry II. Nichols, deceased.
Peter Dahl to be postmaster at Tonawanda, N. Y., in place o f
Navy from the 16th day o f January, 1913, to fill a vacancy.
Lieut. (Junior Grade) Richard R. Mann to be a lieutenant in Peter Dahl. Incumbeiit’s commission expired February 9, 1 9 1 3 .
John C. Jubin to be postmaster at Lake Placid Club, N. Y., in
the Navy from the 1st day o f February, 1913, to fill a vacancy.
Lieut. (Junior Grade) William C. I. Stiles to be a lieutenant place o f John C. Jubin. Incumbent’s commission expired Feb
ruary 9, 1913.
\
in the Navy from the 12th day o f February, 1913, to fill a vacancy.
Frantz Murray to be postmaster at Dolgeville, N. Y., in place
Lieut. (Junior Grade) Aubrey W. Fitch to be a lieutenant in
the Navy from the 13th day o f February, 1913, to fill a vacancy. o f Frantz Murray. Incumbent's commission expired January
\
J
The following-named ensigns to be assistant civil engineers in 11, 1913.
James D. Read to be postmaster at Eden, N. Y. Office became
the Navy from the 21st day o f February, 1913, to fill vacancies:
presidential January 1, 1913.
Henry G. Taylor and
Gaylord Church.
Hiro J. Settle to be postmaster at Ballston Spa, N. Y., in place of
Gunners Joseph II. Aigner and Clarence D. Holland to be Hiro J. Settle. Incumbent’s commission expired February IS, 1913.
chief gunners in the Navy from the 31st day o f January, 1913,
OHIO.
upon the completion o f six years’ service as gunners.
Zora Bennett to be postmaster at’.Middle Point, Ohio. Office
S u r v e y o r of C u s t o m s .
became presidential October 1, 1912.
James II. Bolton, o f Iowa, to be surveyor o f customs for the
Emma Jones to be postmaster at Sliadyside, Ohio. Oflice be
port of Sioux City, in the State o f Iowa. (Reappointment.)
came presidential January 1, 1913.
JUDGE ADVOCATE GENERAL’S DEPARTMENT.
1913.
CONGRESSIONAL EECOED— SENATE.
4065
to erect a monument in Iionor o f those women. I think, how the commemoration o f the heroism and devotion and nobility
ever, that the matter should not be included in this bill.
o f the women o f one-third o f the Union, is not the way to
This idea o f honoring the loyal women o f the United States “ forget ” the differences. It is the way to emphasize them.
was conceived by the Military Order o f the Loyal Legion, o f
The gentleman speaks o f " insulting ” the Loyal Legion. This
New York. They proposed to give and have given for that idea o f an insult w ill be construed by many a good woman in
purpose $300,000, and they ask the Congress o f the United the South as an insult to her, and she will have much more
•States to give $400,000 for the purpose o f completing the reason to think it and say it than the Senator had to say that
memorial. I think it would not be treating them with the it was an insult to the Loyal Legion.
proper respect to strike out the word “ loyal ” in this bill, and
W e are either one people or we are not. I f we are step
to take from them the credit" to which they are entitled.
children in the American Union, let us know it. I f we con
I am one o f those who long ago came to the conclusion that stituted before the war and after the war a part o f the United
the war was over. There is no bitterness in my heart. There States, as I firmly believe we did, and if we did constitute dur
never was. I believe we should forget all the asperities and ing the war a part o f the disunited States, as no man with,
troubles o f the past, and that as one people we should hold in common sense can deny, then you have the power, but you have
grateful remembrance all the glory o f that trying period on no right, to use the common Treasury o f all the people— con
both sides o f the great conflict which made all men free and tributed by us as well as by you— for the purpose o f emphasiz
which preserved every star on the Nation’s flag.
ing an old, sanguinary, fratricidal strife that ought to be buried
I make this explanation, and I want to say to my friend from in an ocean o f forgetfulness.
Mississippi that if he should introduce a bill o f the character
But I move now, Mr. President, to substitute for the amend
he described awhile ago I will not be one o f those who will vote ment for the motion made by the Senator from New York the
ngainst his measure, but w ill support it with my heart and provisions o f the bill as they passed the Senate amended to
vote, and I shall pray and hope that that bill may be passed.
night. I repeat that if that amendment shall fail I shall then
Let us forget sectionalism. The way to forget it is not by vote for the motion o f the Senator from New York, for I no
striking from this bill under the circumstances the word “ loyal.” more sympathize with narrow sectionalism on this side o f the
Loyal ” is not a disreputable word. “ Loyal ” is an honorable Chamber than on that.
word. To be lojml to your country, to be loyal to the North,
The PRESIDENT pro tempore. The Senator from Missis
to be loyal to the South, to be loyal to your principles, to be sippi moves to amend the amendment as follows.
myal to your friendships, is the highest mark o f patriotism and
Mr. PERCY. Mr. President-----the most exalted mark o f personal honor.
The PRESIDENT pro tempore. W ill the Senator from Mis
Mr. President, I gave that vote under a mistake, but I sissippi allow the amendment to be stated?
do not want to be misunderstood as to my position. I have
Mr. PERCY. Certainly.
tried to make it clear. I shall vote for the amendment proposed
The S ecbetary . Amend the first paragraph o f section 13
by the Senator from New York.
as offered by the Senator from New York, as follow s: Instead
Mr. W ILLIAM S. Before the Senator from Kentucky takes of the words proposed by the Senator from New York insert:
ids seat I should like to ask him a question. D o you think that
That the acquisition by the commission hereinafter mentioned of a
the Loyal Legion would feel hurt or could feel hurt-----site and the erection thereon of a memorial building in the District of
Colombia to commemorate the services and sacrifices of the women of
Mr. BRADLEY. I do not know that they would be hurt, but
the United States during the Civil War is hereby authorized. The said
I do think-----building shall be monumental in design and character, and shall be
Mr. W ILLIAM S. W ait a minute.
used as the permanent headquarters of the American Red Cross, and
Mr. BRADLEY. I do think that they would have the right shall cost, with the site, no less than $700,000, which sum the United
States shall contribute.
to be offended.
Mr. W ILLIAM S. Do you think they would be hurt or could
Mr. PERCY. Mr. President, without desiring to prolong this
be hurt in their feelings or would have the right to feel hurt, discussion at all, I only want to say that I can not agree Avitli
either one o f the three, if the Congress o f the American Nation th e vieAV so forcibly presented by m y colleague [Mr. W i l l i a m s ],
said to them, “ Keep your $300,000; devote it to whatever pur I believe that we either ought to accept or reject the offer o f the
poses you please; devote it to another monument elsewhere to Loyal Legion just exactly as it wras made, and not mutilate it
these very people, if you wish, or to needy Union veterans. We or pervert it from the purpose for which it vvas made.
Feeling that 'way, I shall vote against the substitute, and I
will build a monument, a beautiful memorial structure in keep
ing with your idea, to the heroic women o f the entire United shall then Amte against the motion o f the Senator from NeAV York.
Mr. SM ITH o f Georgia. Mr. President, could Ave not leave
States, not merely a part o f the United States. You can keep
the m oney; you can devote it to another monument here or out the words “ during the Civil W ar ” and leave it preferably
elsewhere" Congress will grant you the site for that, as Con to read “ the loyal women o f the United States” ?
What does this provide for? It provides for the permanent
gress always does.” Do you think they would have any right
headquarters o f one o f the greatest organizations in the United
to feel hurt i f we said that to them?
Mr. BRAD LEY. Mr. President, I think, under the circum States, composed o f the women o f this country without regard
stances, to change this amendment as it was offered would be to section— the women south o f the Potomac as well as the
to say to these men o f the Loyal Legion, “ It is true that you women north of the Potomac.
Would it fee pleasant, I desire to ask Senators on the other
bave conceived this beautiful and patriotic idea, but we propose
in the Senate o f the United States not to praise 3'ou, but to side, to make the permanent headquarters o f the Red Cross a
blame you, for what you have done. We scorn your assistance. building erected even by money raised in the States o f Virginia
However honorable may be your motives, we ignore them, we and North Carolina and dedicated to the loyal women o f the
put them behind us, and we propose to erect this monument South during the Civil W ar? Would not that be unpleasant to
without any help from you.” I think it would be an insult to the members o f the Red Cross descended from the loyal daugh
ters o f the North during the Civil W ar?
that organization.
Is it not an unhappy thought to take the Red Cross and con
Mr. W ILLIAM S. Mr. President, the Senator says that we
Would say to the Loyal Legion, “ It is true you have conceived nect it permanently with a building dedicated to the honor of
this idea.” I think he might have gone further and said, " I t the women o f one part o f the country? I Avould not ask the
is equally true that we have conceived a much more beautiful Senators on the other side to vote to put the Red Cross in a
idea, a much broader idea, a much more national idea, and a building dedicated exclusively to the memory o f the Avomen of
much more American idea. If, as you gentlemen pretend, you the South. I do not think it right for them to ask that this asso
love your brethren o f the South and the bloody chasm has been ciation shall be placed in a building dedicated to the memory
bridged; if yon mean th at; i f it is not mere lip service; you o f the Avomen o f the one part o f our country, because the asso
will be glad to have the heroism and constancy and devotion o f ciation is composed o f members descended from the women of
the southern women celebrated with your own, and the more all parts o f our country.
I d o n o t w is h to v o te to s trik e o u t th e w o r d “ lo y a l,” b e c a u s e
especially because you will have $300,000 left in your treasury
to celebrate, according to your own ideas, upon private monu I w o u ld r e g re t to be p u t in th e p o s itio n o f n o t b e in g g r a tifie d
ments here and there, anything that you choose, including a to p a y eA’e r y tr ib u te to th e lo y a l Avomen o f th e N o r th . But, I
th in k , th e plan o f th e p ro p o s e d b u ild in g u n h a p p y . I f it w a s
special monument to jmur own special women.”
The Senator says he “ wants to forget. ’ I do not want to s im p ly to d e d ic a te s o m e th in g h e re to th e lo y a l w om en o f th e
A
forget, because I have no reason to forget. I f I knew person N o r th it A’ Ould b e a ll r ig h t, b u t to p u t in to th a t b u ild in g a g r e a t
ally the man who shot my father upon the battlefield I would o r g a n iz a tio n th a t h a s m e m b e r s fr o m a ll se c tio n s a n d fasten
feel no personal antagonism against him. He was doing his u p on it th e sta m p o f d is a p p r o v a l o f th e Avomen o f a p a r t o f th e
duty as he understood i t ; and my father would have shot him c o u n tr y , I think su ch a c tio n inexcusable.
The PRESIDEN T pro tempore. The question is on the
if the chances had been different.
But the right way to " forget ” differences is not to empha amendment to the amendment.
Mr. STONE. Let the question be stated.
size differences. This vote, which by a single word cuts off
4066
C N R SSIO A R C R —SEN
OGE
NL EOD
ATE.
Tlic PRESIDEN T pro tempore. It will be stated again
The S ecretary . In lieu o f so much o f the amendment offered
by the Senator from New York as is contained in the first para
g ra p h o f section 13, insert the follow ing as that paragraph:
That the acquisition by the commission hereinafter mentioned of a
site and the erection thereon of a memorial building in the District of
Columbia to commemorate the services and sacrifices of the loyal women
of the United States during the Civil W ar is hereby authorized. The
said building shall be monumental in design and character and shall be
used as the permanent headquarters of the American lied Cross, and
shall cost, with the site, not less than $700,000, which sum the United
States shall contribute.
Me Cumber
McLean
Myers
Nelson
Oliver
Overman
Owen
Pomerene
Reed
Richardson
F ebruary 20,
Simmons
Stephenson
Thornton
Tillman
" atson
Webb
Works
So Mr. W i l l i a m s ' s a m e n d m en t to the amendment was
iected
The PRESID EN T pro tempore. The question is now on
amendment proposed by the Senator from New York [Mr.
R oot].
Mr. GORE. I only wish to say one word. The Red Cross
is an international emblem and is an international organiza
Mr. WILLIAMS. Upon that substitute I ask for tlic yeas tion. It ought not to be sectionalized, and it can not be sectionand nays.
alized without jeopardizing its future and jeopardizing its effi
ciency. The Congress o f the United States ought not to do
The yeas and nays were ordered.
Mr. SM ITH o f South Carolina. I should like to ask the anything which might jeopardize the interests of this humane
Senator from Mississippi if his amendment proposes the elimina and beneficent organization. The Loyal Legion has a right to
tion entirely o f the proposed contribution by the Loyal Legion.
commemorate the achievements o f its soldiers and o f its sec
Mr. W ILLIAMS. Yes.
tion, but it has no right to kidnap the Red Cross. W e ought not
Mr. SM ITH of South Carolina. I want it to go into the here to-night to do anything which might set a wedge that
R ecord , because this question is so important I want to make would split this organization which has dispensed and which
.the statement that if we are going to accept this gift from the will dispense its blessings the world around. I hope that Sena
Loyal Legion the word “ loyal ” should attach to it. I f we are tors will consent to strike from this amendment the language
not going to accept it, then I think it should be to all the women. relating to the Red Cross and let the Loyal Legion, with devo
I do not believe that the Red Cross should be mixed up in a tion and patriotism, commemorate the achievements of the
question that would involve sectional ideas. I f it could be di Union A rm y; let them celebrate the preservation o f the Union;
vorced from that I might not oppose it, but I must vote against but let them not and let us not become accomplices in the per
the idea o f getting a great universal organization o f mercy formance o f any deed which might impair an organization
mixed up in this way.
which is consecrated to humanity and to the noblest sentiments
Mr. W ILLIAM S. W ill the Senator allow me?
that actuate the heart o f man. I therefore move to strike from
Mr. SM ITH o f South Carolina. It w ill only create a feeling this amendment the clause relating to the Red Cross.
in a section on account o f the sectional idea. W ith that explana
Mr. W ILLIAM S. Mr. President, I want to add just one word
tion o f my vote the roll may be called, so fa r as I am concerned. to what the Senator from Oklahoma [Mr. G o r e ] has said. I
Mr. W ILLIAM S. The Southern women are members o f the do not know what the effect o f the adoption o f this provision
Red Cross.
and the attempt to identify the Red Cross with one o f the sec
The PRESIDEN T pro tempore. The roll w ill be called on tions o f the American Union may or may not b e ; I do not know
agreeing to the amendment o f the Senator from Mississippi what its effect upon southern women w ill lie. I can only state
[Mr. W i l l i a m s ] to the amendment.
that, if I were a southern woman, I would not remain a member
The Secretary proceeded to call the roll.
o f the Red Cross after it thus became a sectional association.
Mr. CHAM BERLAIN (when his name was called). I have I do not even know whether or not to-morrow, when I feel cooler
a general pair with the junior Senator from Pennsylvania [Mr. about this matter than I do to-night, I would repeat that lan
O l iv e r ] , and I withhold my vote.
guage, but that is the way I feel right now.
Mr. DILLINGHAM (when his name was called). Again I
It seems to me that this is an unprovoked discrimination be
announce the transfer o f my pair with the senior Senator from tween the women o f the sections o f this country. I should have
South Carolina [Mr. T i l l m a n ] to the Senator from Wisconsin no objection, o f course, to granting a site and voting aid for a
[Mr. S t e p h e n s o n ] and vote. I vote “ nay.”
monument to be erected by anybody in commemoration o f Amer
Mr. PERKIN S (when his name was called). I transfer my ican heroism on either side, although I remember that when I
pair with the junior Senator from North Carolina [Mr. O ver tried it upon the Senate in the name o f the other side, I received
m a n ] to the junior Senator from Massachusetts [Mr. C r a n e ] ,
the votes o f the Senator from Iowa, o f the Senator from Minne
and vote “ nay.”
sota, and about three more north o f the line, and that when I
Mr. SM ITH o f Michigan (when his name was called). I make tried to get the yeas and nays I did not find a sufficient number
the same announcement as on the last vote, and vote “ nay.”
to give them to me.
Mr. SMITH o f South Carolina (when his name was called).
I am not complaining; but I do think the rule ought to work
I again announce my general pair and a transfer to the Sena both ways, or not at a ll; and I do think that the motion made
tor from Tennessee [Mr. W e b b ] and vote. I vote “ yea.”
by the Senator from Oklahoma ought to be adopted. I see no
Mr. SUTHERLAND (when his name was called). Making reason why the Red Cross should be stigmatized—labeled— as a
the same announcement I have heretofore made in reference to sectional organization. I am, I believe, one o f the members o f
the transfer o f my pair, I vote “ nay.”
its board o f directors, or whatever it may be called, but I do
Mr. W AR REN (when his name was called). I transfer my not see why you should take an organization, which is one of
pair with the Senator from Louisiana [Mr. F o s t e r ] to the Sen grace and mercy and sweetness, and try to make it yours any
ator from South Dakota [Mr. G a m b l e ] , and vote “ nay.”
more than ours. I should feel that I was persona non grata
The roll call was concluded.
in it. Every good deed that it does upon the battle field it
Mr. CHAMBERLAIN. I transfer my general pair to the junior does by the aid o f southern women. Southern women are mem
Senator fr o m Maine [Mr. G a r d n e r ] and vote. I vote “ yea.”
bers o f it; southern women go with the ambulances and with
Mr. SM ITH o f Georgia. I really desired to. refrain from the nursing corps, and yet you want to put them in the attitude
voting^ but as it may be necessary to make a quorum, I will o f being shamed and denationalized.
vote. I vote “ yea.”
Mr. STONE. Mr. President, I rise to make a parliamentary
/ T h e result was announced—yeas 22, nays 2S, as f o l i o s :
inquiry.
YEAS—22.
The PRESIDEN T pro tempore. The Senator w ill state it.
Kern
Poindexter
Bankhead
Smith, S. C>
Mr. STONE. It is now half past 3 o’clock, in the “ wee
Lea
Sheppard
Bryan
Stone
\
sma’ hours,” and soon the sun w ill begin to glow in the east.
Martin, Va.
Shively
Chamberlain
Swanson
'
Smith, Ariz.
Martine, N. J.
I think we might as well stay on now, and I wish to ask the
Fletcher
Williams
Smith, Ga.
Newlands
Gore
Chair whether at this point a motion would be in order that, as
Smith, Md.
Pittman
Jones
soon as this bill is concluded, we proceed with unobjected bills
N A Y S — 28.
on the calendar?
Crawford
O'Gorman
Smith, Mich.
Bradley
The PRESIDEN T pro tempore. A t the conclusion o f the bill
Cummins
Page
Smoot
Brady
the Chair w ill recognize the Senator to make that motion.
Dillingham
Paynter
Sutherland
Brandegee
Fall
Penrose
Thomas
Mr. STONE. I shall be glad to do so.
Bristow
Oallinger
Percy
Burnham
Townsend
The PRESID EN T pro tempore. The Senator from Oklahoma
Kenyon
Perkins
Warren
Clapp
i[Mr. G ore ] moves to amend the amendment by striking out all
Lodge
Root
Wetmore
Clark, Wyo.
Reference to the Red Cross.
NOT VOTING— 45.
1 Mr. GORE. Mr. President, I rise to propound a parliamen
Catron
Dixon
Ashurst
Hitchcock
tary inquiry.
Chilton
du Pont
Bacon
Jackson
Clarke, Ark.
Foster
The PRESIDEN T pro tempore. The Senator w ill state it.
Borah
Johnson, Me.
Crane
Gamble
Bourne
Johnston, Ala,
Mr. GORE. I remember the Senator from Georgia [Mr.
Culberson
Gardner
Briggs
Kavanaugh
S m i t h ] moved to table this section, together with the amend
Culiom
Brown
Gronna
La Follette
Burton
Curtis
Guggenheim
ment, as I understand, proposed by the Senator from MissisLippitt
mm
m
F
i
e b r u a r y
27, 1913.
C O N G R E SS IO X M / EEG'OED— SEN ATE.
SEN ATE.
T ik A j^ iV T ,^
®
The Senajo met at 10 o’clock a. m.
''File Chaplain, Rev. Ulysses G. B. Fierce, D. D., offered the fo l
lowi
ding p ra y er:
*
/
^O Thou, who always givest us-the victory in Christ, we thank
Thee that Tlion dost never leave us nor forsake us. Though
-Fhon takest from our side friends and counselors, yet Thou
dost not take from us Thy loving kindness. We thank Thee,
our Father, for the life, the character, and the public service of
'din whom we this day remember and, remembering, honor. We
diank Thee for the privilege o f laboring with him for the com
mon wea 1 and for the blessed memory of his life. We commend
to Thee those to whom this sorrow is most deep and tender, and
pray Thee to keep them and us evermore in'T hy heavenly care.
And unto Thee, who art the first and last and whose we are,
living or dying, be all glory and praise od earth and in heaven
now and forevermore. Amen.
Mr. G a l l i n g e r took the chair as Prespent 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 Jourmil was approved.
NEW MEXICO STATE C L A IM jf (S . DOC. NO. 1 1 1 2 ) .
The PRESID EN T pro tem pore/a id before the Senate a com
munication from the Secretary i>f the Treasury, transmitting
hn estimate from the Department o f the Interior for an appro
priation of $82,000 for the purpose o f surveying and establish
ing boundaries o f certain small holding claims in the State of
New Mexico, etc., which, w i/li the accompanying paper, was
referred to the Committee o jf Appropriations aud ordered to be
printed.
(S . DOC. NO. l l l l ) .
The PRESIDEN T pro fempore laid before the Senate a com
munication from the Secretary o f the Treasury, recommending
for inclusion in the gen/ral deficiency appropriation bill an item
of appropriation for placing iron grilles at windows, United
States Mint, Philadelphia, Pa., $10,000, which was referred to
the Committee on Appropriations and ordered to be printed.
follow s:
X L I X ------ 200
r
Joint resolution by Senate and House of Maine Legislature, seventysixth session.
Whereas there is pending before Congress a bill known ns the McLean
bill, Senate Document No. 6497, to afford Federal protection to mi
gratory game and insectivorous birds; and
Whereas there is a general sentiment in favor of such protection, and
an urgent request has been made for the enactment of such la w :
Now therefore be it
Resolved, That Congress he, and hereby is, urged to enact a law in
suring ample protection to migratory game and insectivorous birds.
Resolved, That the legislatures of ail States of the United States be,
and they are hereby, urged to join in this request by the adoption of
this or similar resolution.
Resolved further, That the secretary of state be, and hereby is, di
rected to print and transmit copies of this resolution to the Senate and
House of Representatives of the United States, and to the several
Members of said bodies representing this State therein; also to the
legislatures of all other States of the United States.
C ar l E. M i l l i k e n , President.
J o h n A. P e t e r s , Speaker.
In senate chamber, February 10, 1913 : Read and adopted. Sent down
for concurrence.
W. E. L a w r y , Secretary.
House of representatives, February 10, 1913 : Read and adopted in
concurrence.
IV. It. Roix, Clerk.
U n ite d S t a t e s of A m e r ic a , S ta te of M a in e ,
O f f ic e of S ec reta ry of S t a t e .
I, J. E. Alexander, secretary of state of the State of Maine and cus
todian of the seal of said State, do hereby certify that I have carefully
compared the annexed copy of joint resolution of the Senate and House
of Representatives of the State of Maine in legislature assembled
with the original thereof as iiled in the office of the secretary of state
of the State of Maine, on the 12th day of February, 1913, and that it
is a full, true, and complete transcript therefrom and of the whole
thereof.
In testimony whereof I have caused the seal of the State to be here
unto affixed. Given under my hand at Augusta this 12th day of Feb
ruary, in the year of our Lord one thousand nine hundred and thirteen
and in the one hundred and thirty-seventh year of the independence of
the United States of America.
[ . e a l .]
s
J. E. A l e x a n d e r .
Secretary o f State.
Tlie PRESIDENT pro tempore presented a petition of mem
bers o f the Pokagon Tribe of Pottawattamie Indians of Michi
gan and Indiana, remonstrating against the enactment of legis
lation to facilitate the reclamation o f shore lands for the Burn
ham lake-front improvement project on Lake Michigan, which
was referred to the Committee on Commerce.
MESSAGE FROM THE HOUSE.
Mr. OVERMAN presented, a petition o f the congregation of
A message from the House o f Representatives, by J. C. South, Race Street Methodist Episcopal Church South, o f Statesville,
its Chief Clerk, announced that the House had passed the fol- N. C., praying for tlie passage of the so-called Kenyon-Shep
pard interstate liquor hill, which was ordered to lie on the
, lowing b ills:
1
S. 6176. An a cf for the relief o f Gibbes Dykes; and
table.
/
Mr. BRANDEGEE presented a petition o f Mad River Grange,
S. 7385. An ai t to relinquish the claim o f the United States
against the grantees, their legal representatives and assigns, No. 71, Patrons o f Husbandry, o f Waterbary, Conn., praying
for tlie passage o f tlie so-called Page vocational education hi Ji,
for timber cup on Petaca land grant.
The message also announced that the House had passed a bill which was ordered to lie on the table.
Mr. JOHNSON o f Maine presented a memorial o f sundry citi
(H . R. 2881 f ) making appropriations for the naval service for
the fiscal yqTir ending June 30, 1914, and for other purposes, in zens of Lewiston, Me., remonstrating against the enactment o f
legislation compelling the observance o f Sunday as a day of
which it requested the concurrence o f the Senate.
The message further announced that the House had disagreed rest in tlie District of Columbia, which was ordered to lie on
to the amendments o f the Senate to the bill (H. R. 28780) the table.
He also presented a memorial of members o f tlie Athene
making appropriations for the payment o f invalid and othei
Pension .^of the United States for the fiscal year ending June oO, Club o f Bangor, the Seneca Club of South Paris, the Woman’s
10J4, and for other purposes, asks a conference with the Club o f Orono, the Past and Present Club o f Fairfield, the
Senate/on the disagreeing votes o f the two Houses thereon, Skowhegan Club o f Skowliegan, the Progressive Club o f Lis
and had appointed Mr. B a r t l e t t , Mr. B o r l a n d , and Mr, G o o d bon, the Searchlight Club o f Rumford, the Columbian Club
of Bethel, the Pine Cone Club o f Clinton, tlie Conklin Class of
managers at the conference on the part o f the House.
Portland, and of tlie Woman’s Club o f Newcastle and Damarise n r o l l e d b il l s s ig n e d .
cotta, all in tlie State of Maine, remonstrating against tlie en
The message also announced that the Speaker o f the House actment o f legislation transferring (lie control o f tlie national
had sigued the following enrolled bills, aud they were,thereupon forests to the several States, which was referred to the Com
signed by (he President pro tempore:
mittee on Forest Reservations and tlie Protection o f Game.
S. 3947. An act to provide for a bridge across Snake River,
Mr. GRONNA presented sundry affidavits in support o f the
Jackson Hole. W y o .; aud
bill (S. 8304) for the relief o f Rodger Caplette, which were
' II. R. 27S27. An act to amend section 70 o f an act entitled An referred to the Committee on Claims.
act to codify, revise, and amend the Euia^ H 'iiG iug -M -Tire
Mr. JOHNSON o f Maine presented a joint resolution o f the
■Iudiclnrv ’’ .lpi'rnyral Mil mi' T ITIIT.
?.
.Legislature of Maine relative to Federal protection o f migratory
f
** ’
SENATOR FROM OKLAHOMA.
game and insectivorous birds, which was ordered to lie on the
/ Mr. GORE. I present the credentials o f my colleague [Mr. table.
AMr. DU PONT presented a memorial o f sundry citizens of
/ O w en ], reelected to the Senate from the State o f Oklahoma,
Wilmington, Del., remonstrating against tlie enactment o f legis
/w h ic h I ask may be read.
,. ,
/
The PRE SID EN T pro tempore. The credentials will be read. lation compelling the observance o f Sunday as a day of rest in
/
The credentials o f R o b e r t L . O w e n , chosen by the Legislature the District o f Columbia, which was ordered to lie on the table.
| o f the State o f Oklahoma a Senator from that State for the
; Mr. SM ITH o f Maryland presented memorials o f sundry cit
i term beginning March 4, 1913, were read and oideied to be izens o f Baltimore, Cliestertown, and'Rock Hall, in tlie State of
Maryland, and sundry citizens of Washington, D. C., remonstrat
\ filed.
ing against the enactment of legislation compelling the observ
PETITIONS AND MEMORIALS.
The PRESID EN T pro tempore presented a joint resolution ance o f Sunday as a day o f rest in the District of Columbia,
• o f the State of Maine, which was which were ordered to lie on the table.
e
II
)
o r d e r e d to lie on th e ta b le an d t o be p rin te d in th e R ecord , a s
February 27, 1913.
UNITED STATES MINT, Pqjfi.ADEI.PHIA, PA.
412
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CONGRESSIONAL RECORD— SENATE;
Mr. LODGE presented a memorial o f the board o f directors o f
tlie•
,Hitss?felmsetts..l’.eaoe Moeietv, o f Boston,'M ass., remonstrat
ing against the enactment o f legislation providing for Federal
p a y lfor the National Guard, which was referred to the Com
mittee on Military Affairs.
He also presented a memorial o f the directors o f the Massa
chusetts Peace Society, o f Boston, Mass., remonstrating against
tire enactment o f legislation authorizing the construction of
more than one proposed new battleship, which was referred to
the Committee on Naval Affairs.
Mr. SHIVELY. I present Senate concurrent resolution 2
o f the General Assembly o f the State o f In d ia n a , w h ic h I ask
may be printed in the R ecokd and referred to th e Committee on
M ilitary Affairs.
There being no objection, the concurrent resolution was re
ferred to the' Committee on Military Affairs and ordered to be
printed in the R e c o k d , as follow s:
Senate concurrent resolution 2.
A concurrent resolution requesting the Representatives and instructing
the Senators in Congress from the State of Indiana to vote for and
use their influence for the passage of a hill now pending before Con
gress to place the officers of the Civil W ar on the retired list as a
matter of honor to them.
Resolved by the senate ( the house of representatives concurring) ,
That the Representatives in Congress from the State of Indiana he
requested and the Senators from the State of Indiana he instructed to
use their influence and to vote for the hill now pending in the Congress
of the United States to place the officers of the Civil W ar on the re
tired list as a matter of honor, and other matters connected therewith.
Resolved further, That the secretary of the senate is hereby instructed
to send a certified copy of this resolution to each of the Representatives
in Congress and to the Senators, with instructions, as above indicated,
to he certified to by the secretary of the senate and signed by the presi
dent of the senate and attested by the secretary.
I hereby certify that the above is a full, true, and complete copy of
senate concurrent resolution 2, adopted by the senate on the 13tli day
of February, 1913, and concurred in by the house on the 14th day of
February, 1913.
W sf. P. O’ N e i l l ,
President of Senate.
A tte st:
W ade H. F r e e ,
Secretary o f Senate.
Mr. GALLINGER presented a telegram in tbe nature o f a
petition from F. S. F. Dearborn, New Hampshire State regent,
Daughters of the American Revolution, o f Suncook, N. H., which
w as ordered to lie on the table and to be printed in the R e c o r d ,
as fo llo w s:
■■jf
4- ■
'
S u n c oo k , N. H ., February 26, 1913.
Senator G a l l in g e r ,
Washington j D. C .:
Please support the bill for memorial bridge to Arlington.
Respectfully, yours,
F. S. F. D ea r b o r n ,
New Hampshire State Regent,
Daughters of the American Revolution.
REPORTS OE .COMMITTEES.
*
■SP
ip i
Mr. CATRON, from the Coriknittee on Military Affairs, to
which was referred the bill ( f a R. 24296) for the relief of
Alonzo D. Cadwallader, reported* it with an amendment and
submitted a report (No. 1324) the\eon.
Mr. TOWNSEND, from the Conimittee on Claims, to which
was referred the bill (H. R. 20511m for the relief o f Samuel
Butter & Co., reported it with an amendment and submitted a
report (No. 1327) thereon.
\
Mr. BACON, from the Committee oV the Judiciary, to which
was referred the bill (H . R. 25781) t \ amend section 77 of an
act entitled “ An act to codify, revise, and amend the laws re
lating to the judiciary,” approved March 3, 1911, reported it
with an amendment and submitted a report (No. 1328) thereon.
Mr. ROOT, from the Committee on Industrial Expositions,
to which was referred the amendment submitted by Mr. L ea
on the 21st instant, providing that the Government o f the United
States participate in the National Conservation Exposition to
be held at Knoxville, Tenn., during the fall, o f 1913, etc., in
tended to be proposed to the sundry civil appropriation bill,
reported it with an amendment and submitted a report (No.
1332) thereon.
\
Mr. BRYAN, from the Committee on Post OMces and Post
Roads, to which was referred the bill (S. 8497) to repeal sec
tion 3 o f an act entitled “ An act making appropriation for the
service of the Post Office Department for the fiscal, year end
ing June 30, 1900,” reported it without amendment-and sub
mitted a report (No. 1329) thereon.
Mr. BRIGGS, from the Committee on Military Affftirs, to
which was referred the bill (S. 7620) for the relief o f Ernest
C. Stahl, reported it without amendment and submitted a report
(No. 1330) thereon.
Mr. JOHNSTON of Alabama, from the Committee on Military
Affairs, to which was referred the bill (H. R. 8921) for tiip-"
relief of W illiam H. Seward, reported it without amendment
and submitted a report (No. 1331) thereon.
F ebruary §7,
CORPORATIONS IN INTERSTATE COMMERCE.
Mr. CUMMINS. I submit a report from the Committee on
Interstate Commerce, together with the individual viofrs o f
certain members o f the committee. I ask that the report be
printed, and also that it be printed in the R e c o r d .
Mr. DUA I'P. I should like to request that, in addition to
the usuaLnumber o f this report, there be printed a thousand
ditional copies for the use of the Interstate Commerce' Coni,
mittee.
\
3
The PRE SID EN T pro tempore. The title o f the report w ill
be read.
V
$
Mr. CUMMINS. I did not ask for the reading
the report.
The PRE SID EN T pro tempore. The Chair did pot direct i t
The Chair simply wanted to know what the Senator reports on.
Mr. CUMMINS. It is a report pursuant to Seq^te resolution
98, agreed to July 26, 1911, and as the result o f a certain in
vestigation which was ordered by that resolution.
The PRESIDEN lKpro tempore. The Senator,from Iow a asps
that the report be printed in the R ecord , and i&e Senator from
Minnesota requests that 1,000 additional copies be printed for
the use o f the Committee on Interstate Commerce. Without
objection, that order Trill be made.
Jr
The report (No. 1326) is as fo llo w s :
£
CONTROL OF CORPORATIONS, fepRSO N S, AND F IR M S
S CO M M ERCE.
i
NOAGED IN IN T E R ST A T 0
Mr. C u m m i n s , from tlio Committee on Interstate C om m erce, su b .
mitted tlie following report, pursuant to Senate resolution 98 :
The Committee on Interstate Commerce, t®’ winch was referred the
following resolution—
%
f
“ Resolved, That the Commikee on Int§“ tate Commerce Is hereby
'
authorized and directed, by subcommittee ,, otherwise, to inquire into
and report to tbe Senate at th e^ arliest d fie practicable what changes
are necessary or desirable in thevtaws o f ! he United States relating to
the creation and control of corfflpratioqi engaged in interstate comrnerce, and what changes are neceg 5ary Sr desirable in the laws of the
United States relating to persons
ms engaged in interstate commerce, and for this purpose they a
thorized to sit during the ses»
sions or recesses of Congress at such
"es and places as they may deem
desirable or practicable; to send for
rsons and papers, to administeroaths, to summon and compel the a
ndancc of witnesses, to conduct
hearings and have reports of same p tted for use, and to employ such
clerks, stenographers, and other as stants as shall be necessary, and
any expense in connection with su* iqguiry ________ paid out of the
. shall be
contingent fund of the Senate uphh vouchers to be approved by the
»ko
n f the com m ittee’
jje
1
chairman of Hio M m r r , ”
J__ __ _
begs leave to make the following v ort: \
ep
On the 26th day of July, It L the Sr ate adopted the foregoing
,
resolution, and acting under th
, ,
authorit; and in pursuance thereof
the Committee on Interstate Commerce provided for open hearings upon
the subject matter of the resolution. T h a hearings began on the
15th day of November, 1911, jjjnd were contir .ed from day to day for
______„
three months durffig which time 1&)3 men appeared before
more than W f c„ no thei r statements, together; with the exhibits and
the committee, and^ by thet
documents submitted theu s y e m e m s ^ i u g c ^ \ ,aJres. a printed copy
of these-statements, exhibit
and documents, in% iding an index, laws-,
and reference concerning
tustrial combinations\in foreign countries}
and a collection of judicial lecisions touching the to w e r of Congress in
the regulation of commetf among the States, in \ H , hve volumes, is
hew hile1 the* commit tee ii conscious that some o f t*> matter adduced
to the questions underj&onsideratton and of little
that, upon the whole, Jibe hearings have furnished
e o f the most
valuable con trib u tion ^th at can he found In the If rature of the
subject.
It is not yfit ready to report any of the
ills which are
now before it, and wffleh propose specific modifications
or additions
to the existing s ta tu te ; nor is it prepared at this ti
to report a
substitute for th em .# It hopes that it may be able befor the close of
the present session^*to act finally upon these bills an. recommend
in definite form tlw legislation which it may think neces ry or wise
to meet modern Jhisiness conditions.
It is, however,
“epared to
answer the general inquiries propounded in the resoluti
and in
view of the overa1helming importance of the subject it v tures to
.
add to the d ir e # response some observations upon the or in, purpose, and effect #>f the enactment commonly-known as the
ntitrust
law, to indicat^wherein it is inadequate, and to suggest th ‘ general
scope of fu rth s# regulation.
The committfe is of the opinion:
First. That jffic statute should stand as the fundamental la , upon
the subject, a id that any supplemental legislation for more e „ .
control and ®c.ulation of interstate and foreign commerce shoutel be
in harmonv #1111 the purpose of the existing statute.
Second. ’Taut, whatever may he our views respecting the powe& of
Congress tofen a ct a general Federal incorporation law, it is neiff
necessary ijbr desirable at this time to provide for the organizat
under a c t jb f Congress of industrial corporations which propose
engage in Ibmmerce among the States and with foreign nations.
Third. r a t it is desirable to impose upon corporation now „
ih
hereafter Organized under State law, and engaged or proposing t
engage inf such commerce, further conditions or regulations affectinboth their organization and the conduct of their business, and also
to im p o * further conditions or regulations upon persons, copartner
ships, qfed other associations now engaged, or hereafter engaging,
in sucbfcommerce, the general character of such regulation to be the
same a# those laid upon corporations, except such conditions or regu
lations « is are in their very nature peculiar to the corporate form of
commercial activity.
plain that the first question to be answered in considering
dditional legislation upon the subject is necessary or desirable
tal one. It is t h i s : Should Congress attempt to maintain competitffe conditions in the general interstate commerce of the country,
w lierf they still exist, and to restore such conditions where they have
been flestrbyed, or should it accept the complete or partial overthrow of
competition and resort to some other method of protecting the people
against the power of combination and monopoly?
t f T
fbt &
r e
COXG KESSIOXA L RECORD— SEXATE.
Josephus Brown, late o f Company IT. Sixty-third Regiment
Iselo Nicely, widow o f Zachariah Nicely, late o f Company D,
Ohio Volunteer Infantry, and Company K, First Regiment Ohio Ninth Regiment West Virginia Volunteer Infantry, $12 per
volunteer Heavy Artillery, $30 per month in lieu o f that he is month.
now receiving.
Joseph 31. Davis, late o f Seventh Unasj&ned Company 3Iaine
Barzilla B. Jones, late o f Company K, Thirteenth Regiment 3'olunteer Infantry, $24 per month in-ffeu o f that he" is now
Kentucky Volunteer Infantry, $30 per month in lieu of that he receiving.
,?
18 now receiving.
John 31. Slower, late of Company A, First Regiment Maine
Emma E. Myers, widow o f William H. Myers, late of Com- 3’ olunteer Cavalry, $50 per mouth in lieu o f that he is now re
pany K, Thirty-third Regiment, and captain Company E, One ceiving.
hundred and ninety-eighth Regiment, Ohio Volunteer Infantry,
James E. Bacon, late o f Company K, Tenth Regiment Massa
'P-0 per month in lieu o f that she is now receiving.
chusetts 3'ohmteer Infantry^ find Company I, Second Regiment
Rachel B. Purdy, widow o f George H. Purdy, late major Sfassachusetts Volunteer Cavalry, $30 per month in lieu o f that
Fourth Regiment Indiana Volunteer Cavalry, $24 per month in he is now receiving.
neu o f that she is now receiving.
John F. Yarnell, lateo f Company A, Fifty-third Regiment
Mary K. Munoz, widow o f Julian Munoz, late aid-de-camp on Illinois Volunteer Infantry, $36 per month in lieu o f that he is
staffs o f Brig. Gens. Albin Schoepf and Speed S. Fry, $20 per now receiving.
*
month.
Martha E. Tram?; widow o f Victor Tracy, late o f Company G,
William H. Moore, late o f Company G, One hundred and First Regiment Maryland Volunteer Infantry, $20 per montii in
forty-fourth Regiment Illinois Volunteer Infantry, $24 per lieu o f that sl^e: is now receiving.
month in lieu o f that he is now receiving.
William 0>"Steele, late o f Company D, Second Regiment
Racy L. Norton, widow o f Elliott M. Norton, late o f Company United States Volunteer Sharpshooters, $30 per month in lieu
Sixth Regiment Michigan Volunteer Cavalry, and first lieu- o f that lijfHs now receiving.
Jenant and adjutant, First Regiment Michigan Veteran Volun
31ichajjr SIcDonald, late o f Company K, Sixth Regiment 3Iinteer Cavalry, $20 per month in lieu o f that she is now receiving. nesotajfolunteer Infantry, $30 per month in lieu o f that he is
J.
Jay Buck, late o f Company A, Thirty-second Regimentnow j^ceiving.
Wisconsin Volunteer Infantry, and first lieutenant Company I,
anna R. Busch, widow o f August Busch, late o f Company
Gne hundred and first Regiment United States Colored Volun
Sixteenth Regiment Wisconsin Volunteer Infantry, $24 per
teer Infantry, $36 per month in lieu o f that he is now receiving. i^buth in lieu o f that she is now receiving: P r o v id e d , That in
Mary E. Lafontaine, widow o f Robert Lafontaine, late of the event o f the death o f Lena Busch, helpless and dependent
com pany I, Twelfth Regiment New York Volunteer Cavs
child of said August Busch, the additional pension herein
'>30 per month in lien o f that she is now receiving.
granted shall cease and determine.
George W. Stratton, late o f Company B, One hundred
3Iorton A. Pratt, late second and first lieutenant Company A,
fourth Regiment Ohio Volunteer Infantry, $36 per month
Third Regiment Illinois 3rolunteer Cavalry, $30 per month in
of that he is now receiving.
lieu o f that he is now receiving.
Allen Meskimen, late o f Company I, Fifty-first Regiment Ohio
31ary R. Kendall, widow of Henry 31. Kendall, late o f Fifth
volunteer Infantry, $50 per month in lieu o f that M e is now Battery, Indiana Volunteer Light Artillery, captain Sixth Regi
deceiving.
£r
ment United States Cavalry, and lieutenant colonel United
W illiam H. Wheeler, late o f Company A, Corps M . Engineers, States Army, retired, $40 per month in lieu of that she is now
"United States Army, and second lieutenant, Nineteenth Regi receiving.
ment United States Infantry, $50 per month in- lieu of that he
James T. Mather, late o f Company C, First Regiment Con
is now receiving.
W
necticut Volunteer Heavy Artillery, $30 per month in lieu o f
Jefferson Hurst, late o f Company B, One hundred and fifty- that he is now receiving.
inm l Regiment Ohio Volunteer Infantry, $ » per month in lieu
3Iary F. Nichols, widow o f David Nichols, late o f Company D,
°t that he is now receiving.
jfr
One hundred and thirty-ninth Regiment Pennsylvania Volun
, D a vid A. Byers, late o f U. S. S. GijMe, G a zelle, and G rea t teer Infantry, $20 per month in lieu o f that she is now receiving.
W e s te r n , United States Navy, $30 per month in lieu o f that he
Martha J." Strayer, widow o f John W. Strayer, late o f Com
m now receiving.
jF
pany G, Fifty-first Regiment Ohio Volunteer Infantry, $20 per
John N. Jones, late of Company lv a lu e hundred and fifteenth month in lieu o f that she is now receiving.
Regiment Indiana Volunteer Infanery, $30 per month in lieu o f
George W. Brown, late o f Smith's independent company,
that he is now receiving.
Maryland Volunteer Cavalry, $30 per month in lieu o f that he
James II. Ragsdale, late o f Company F, Ninety-third Regiment is now receiving.
fmliana Volunteer Infantry, $2^ per month in lieu o f that he is
Carrie A. 3Iillei\ widow o f Benjamin F. 3Iiller, late second
n°w x-eceiving.
J
lieutenant Company C, Thirty-fifth Regiment Ohio Volunteer
Maria L. Bishop, widow e i John S. Bishop, late o f Company Infantry, $20 per month in lieu o f that she is now receiving.
A? Nineteenth Regiment Connecticut Volunteer Infantry (Second
Leander Ledford, late o f Company F. Forty-seventh Regi
Heavy A rtillery), $20 pop month in lieu o f that she is now
ment Kentucky 3*olunteer Infantry, $30 per month in lieu o f
Deceiving.
‘
/
Imogene Crissey, widajjw o f Julius Crissey. late o f Company B, that he is now receiving.
Caleb E. Stewart, late o f Company G, One hundred and fifth
. ‘f ’ h Regiment Connecticut Volunteer Infantry, $20 per month
Regiment Pennsylvania Volunteer Infantry, $36 per month in
1 iieu o f that she isjffow receiving.
1
Henry A. K elsey,#ate o f Company F. Twenty-seventh Regi- lieu o f that he is now receiving.
Robert C. Jones, late o f Company B, Second Regiment, and
hent Connecticut Wilunteer Infantry, $24 per month in lieu of
Company II, Sixth Regiment, Wisconsin Volunteer Infantry,
1 ^ he is now r e i v i n g .
1
Mary M cClureifwidow o f William 31. McClure, late captain $36 per month in lieu o f that he is now receiving.
Haac O. Foot/ late o f Company Iv, Fifteenth Regiment ConWilliam Oliver, late o f Company G, First Regiment Illinois
e® Infantry, J per month in lieu o f that she is now receiving. 3T
r
jffiO
olunteer Cavalry, $30 per month in lieu o f that he is now
Haac O. Feme, late o f Company K, Fifteenth Regiment Con receiving.
necticut Volunteer Infantry, and Tenth Band, United States
Daniel Eaton, late o f Company H. Third Regiment Maine
Goast Artillrffy Corps, $30 per month in lieu o f that he is now 3'olunteer Infantry; Company D, Second Regiment United
deceiving. /
States Volunteer Sharpshooters; and Company C, First Regi
vJlen M # Pember, widow o f Joseph S. Pember. late o f Com- ment 3Iaine 3’ olunteer Heavy Artillery, $50 per month in lieu
L jj y K, tw enty-fifth Regiment Connecticut Volunteer Infantry, o f that he is now receiving.
'>-0 per ^ on th in lieu o f that she is now receiving.
3Iary E. Bennett, widow o f Jesse F. Bennett, late o f Com
Stephen B. W oodruff, late o f Company F, Twentieth Regi pany II, One hundred and eighteenth Regiment Illinois Volun
ment jfentucky Volunteer Infantry, $50 per month in lieu o f teer Infantry, $30 per month in lieu o f that she is now re
\r
now receiving.
ceiving.
T M ;f y E. Bench, widow o f John W. Beach, late o f Company
.
Alice I. Simpson, widow o f James F. Simpson, late captain
w e n ty -fifth Regiment Connecticut 3'olunteer Infantry, $24
Company Iv, Second Regiment United States Veteran Volun
i eiAnonth in lieu o f that she is now receiving.
McCarthy, late o f U. S. S. O h io and C a m brid g e, United teer Infantry and Third Regiment United States Cavalry, $30
*7>tes Navy, $30 per month in lieu o f that he is now receiving. per month in lieu o f that she is now receiving.
Asil N. Blanchard, late o f Company "F, First Regiment United
/A n n a Kennedy, widow o f Howard F. Kennedy, late o f Comf n5?y K. Thirty-seventh Regiment New York National Guard States Volunteer Sharpshooters, $24 per month in lieu o f that
he is now receiving.
Rantry, $42 per month.
r
;.
i "
■wti
•JIF
>
‘
•,
r
m
!‘ •
■f
,><i
4104
CO XG I! ESSIOXA L EEC'ORD— SE X ,\T E.
F
e b r u a r y
27
The bill was reported to the Senate without amendment,
Thomas L. Collins, late o f Company H, Tw elfth Regiment
Ohio Volunteer Cavalry, $00 per month in lieu o f that he is now ordered to be engrossed for a third reading, read the third
receiving.
time, and passed.
F.ouisa M. Buchanan, widow o f Charles H. Buchanan, late o f / /
a g r i c u l t u r e a p p r o p r i a t i o n lUT.r,.
Company K, Fourth Regiment Michigan Volunteer Infantry, / / M r . OWEN. Air. President, I wish to ask that the Senate
$24 per month in lieu o f that she is now receiving: P r o v id e d , /reconsider the votes by which the agricultural appropriation bill
That in the event o f the death o f Viola L. Buchanan and Nora / ( II. II. 28283) was passed for the purpose o f considering an item
J. Buchanan, helpless and dependent children o f the said f which was omitted. I was absent from the Chamber at the
Charles H. Buchanan, the additional pension herein granted time, and it is necessary, if it is to be reconsidered at all, that it
shall cease and determine.
shall be reconsidered now. I think the amendment will he
Otis Crawford, late o f Company A, Ninth Regiment Iowa agreed to by unanimous consent.
Volunteer Infantry, $40 per month in lieu o f that he is now
Air. W ARREN. Air. President, if the chairman o f the com
receiving.
mittee wishes to recall the bill for correction in the pubiie
Sarah Ann Kelly, widow o f Wiliam Kelly, late o f Company I, interest, I feel constrained to yield to him.
Ninety-first Regiment Illinois Volunteer Infantry, $24 per month
The PRESID EN T pro tempore. Without objection, the votes
in lieu o f that she is now receiving.
whereby the bill was ordered to be engrossed, read a third time
Mary E. Dow. widow of Western W. Dow, late o f Company L,
and passed will be reconsidered. The bill is now before the
Thirty-first Regiment Maine Volunteer Infantry, $24 per month
Senate.
in lieu o f that she is now receiving, and in the event o f the
Air. OWEN. I move that $20,000 be substituted in lieu of
death o f Walter W. Dow, helpless and dependent child o f said
$10,000 for the D ry Farming Congress, on page 76. line IS.
Western W. Dow, the additional pension herein granted shall
The PRESID EN T pro tempore. The amendment will he
cease and determine, and in the event o f the death o f Mary E.
Dow the name o f the said W alter W. Dow shall be placed on stated.
The S e c r e t a r y . On page 76. line 18, in the committee amend
the pension roll at the rate o f $12 per month from and after
ment agreed to at that point, it Is proposed to strike out
the date o f death o f said Mary E. Dow.
Jacob II. Gabbard, late of Company A, Forty-seventh Regi “ $10,000 ” and insert in lieu thereof “ $20,000.”
Air. BURNIIAAI. To that I make no objection.
ment Kentucky Volunteer Infantry, $30 per month in lieu o f
The amendment to the amendment was agreed to.
that he is now receiving.
The amendment as amended was agreed to.
George McPherson, helpless and dependent child of Alexander
The amendments were ordered to be engrossed for a j h t f i T
McPherson, late o f Company A, Thirty-fourth Regiment Ken
reading, and the bill to be read a third time.
tucky Volunteer Infantry, $12 per month.
The bill was read the third time and passed.
J r
Mary A. Limbach, widow o f Peter Liinbach, late o f Sixth
SUNDRY CIVIL APPROPRIATION BILL.
Battery, Indiana Volunteer Light Artillery, $12 per month.
William C. Jones, late o f Company B, Forty-sixth Regiment
Air. WARREN. I now move that the Senate proceed to the
Pennsylvania Volunteer Infantry, $30 per month in lieu o f that consideration o f the sundry, civil.appm pm tiou, bill.
he is now receiving.
Air. I’ OAIERENE. Air. President
'
*
Joseph Cook, late o f Company B, Second Battalion Seven
The PRESID IN G OFFICER. Does the Senator from AVvoteenth Regiment United States Infantry, $30 per month in lieu ming yield to the Senator from Ohio?
o f that he is now receiving.
Air. POAIERENE. Will the Senator yield to me to ask unani
Kate Hoyberger, widow o f Martin Hoyberger, late o f Com mous consent for the consideration o f two bills which I think
pany G, Second Regiment United States Artillery, and General w ill involve no debate at all? One o f them is a local matter.
Service, United States Army, $20 per month in lieu of that she They will take only a moment.
is now receiving.
Air. WARREN. .1 should like to accommodate the Senator,
Louisa Squires, former widow o f Hiram II. Merritt, late of if it did not entail yielding to a great many others. I f the
Company K, Fifteenth Regiment Missouri Volunteer Cavalry, Senator will kindly defer his request until we can get along
$12 per month.
with the sundry civil bill, I will try to help him, but I can not
Emsey O. Young, widow o f David Young, late o f Company D, yield now. I renew iny motion.
Second Regiment Iowa Volunteer Cavalry, $24 per month in lieu
The PRE SID EN T pro tempore. The Senator from Wyoming
o f that she is now receiving, and in the event o f the death o f moves that the Senate proceed to the consideration o f the sundry
W illiam Young, helpless and dependent child o f said David civil appropriation bill. \
Voting, the additional pension herein granted shall cease and
The motion was agreed to, and the Senate, as in Committee
determine, and in the event o f the death o f Emsey O. Young o f the A rliole, proceeded to consider the bill (II. R. 2S775)
A
the name o f said William Young shall be placed on the pension making appropriations for sundry civil expenses o f the Govern
roll at $12 per month from and after the date o f death o f said ment for the fiscal year ending June 30, 1014, and for other
Emsey O. Young.
purposes, which had been reported from the Committee on
Elisha L. Ashley, late o f Company A, Forty-second Regiment Appropriations with amendments.
Wisconsin Volunteer Infantry, $24 per month in lieu o f that he
Air. W ARREN . I ask that the form al reading o f the bill be
is now receiving.
dispensed with and that it be read for amendment, the com
The bill was reported to the Senate without amendment, mittee amendments to be first considered.
ordered to be engrossed for a third reading, read the third
The PRESID EN T pro tempore. Is there objection to the
time, and passed.
request o f the Senator from Wyoming)? The Chair hears none,
The bill (S. 8576) granting pensions and increase o f pen and that order will be made.
* •
sions to certain soldiers and sailors o f the Civil W ar and cer
The Secretary proceeded to read the bill.
tain widows and dependent relatives o f such soldiers and sailors
The first amendment o f the Committeeion Appropriations was.
was considered as in the Committee o f the Whole. It proposes
under the head o f “ Under the Treasury Department,” subhead
to pension the following-named persons at the rates per month
“ Public buildings,” on page 26, after line 23, to insert:
stated:
Washington, D. C., building for Department
State : The land
J. N. Culton, ’ late o f Company D, Third Regiment, and first Government reservation between B Street N.,o fFourteenth Street in the
NAY
lieutenant Company D, Seventh Regiment, Kentucky Volunteer Fifteenth Street N W . extended, and the line established for the south
front of the new National Aluseum Building, is selected and set apart
Infantry, $50 per month in lieu o f that he is now receiving.
as the site for a new building for
Hiram Lay. late o f Company B. National Guards East Ten such building shall be authorized. the Department of State, whenever
nessee, $30 per month in lieu o f that he Is now receiving.
The amendment was agreed to.
William L. Brown, late o f Company A. First Regiment Ken
The next amendment was. on page 20, line 7. sifter the word
tucky Volunteer Cavalry, $50 per month in lieu o f that he is
“ building,” to strike out “ $650,000 ” and insert “ $700,000,” so
now receiving.
Emanuel Sandusky, late o f Company C, Thirtieth Regiment as to rea d :
Repairs arid preservation of public buildings: For'jrepairs and presKentucky Volunteer Mounted Infantry, $40 per month in lieu
rvation of all completed and occupied public buildings and the grounds
o f that iie is now receiving.
thereof under the control of the Treasury Department, and for wire
Harvey Key, late o f Company F, Sixth Regiment Kentucky screens therefor, Government wharves and piers under the control of
Department,
necessary
Volunteer Cavalry, $50 per month in lieu o f that he is now the Treasury buildings and togetheratwith theAlaska, and dredging adja
cent thereto*,
wharf
Sitka,
the Secretary
receiving.
of the Treasury may, in renting said wharf, require thatlthe lessee shall
William F. Niederriter, late o f Company A, Ninety-eighth Reg make all necessary repairs thereto; for repairs and preservation of
buildings not reserved by vendors on sites under the control of the
iment Volunteer Infantry, $12 per month.
Treasury Department acquired for public buildings or the enlarge
Mary J. Swift, widow o f Thomas W. Swift, jr., late acting ment of public buildings, the expenditures on this account for the cur
ensign, United States Navy, $20 per month in lieu o f that she rent fecal year not to exceed Id per -cent of-the annual rentals of such
buildings: Pro ruled, that o f the sum herein appropriated not exceeding
is now receiving.
$100,000 may be used for marine hospitals arid quarantine stations,
1913.
v
CONGRESSIONAL RECORD— SE X ATE.
10US' HtJProvifles for tlio expenditure o f only .$0,000 per anfu m to ac^mMAtlisli 1 iis great result, and it is not legislation,
1
Wpeause the lieed^T m
ptw er in that service is already given
under the law. All they need is provision whereby they can
hoy the clerk to do the work.
Mr. W ARREN . I make the point o f order against tlie
amendment.
The PRESID EN T pro tempore. The point o f order is sus
tained.
Mr. FLETCH ER. I will not delay the Senate. I only ask
'he privilege to have printed fn the R ecord , without reading,
remarks by Dr. S. S. Goldwater, superintendent o f the Mount
i-hnai Hospital, New York City.
The PRE SID EN T pro tempore. That order will be made,
without objection.
The matter referred to is as follow s:
recommend (hat this matter be made the subject of special legisla
tion, and prepared tlie draft of . a bill to be introduced in the House
East year this matter was presented to TR'e' Approprtattwns 'VOWt-mriitoo
of the House in May and to tlie Senate on July 5. No action was
taken by either House. It was not even then included in the list of
Treasury estimates.
It seems to me that a proposition of this character should be care
fully considered, as suggested by tlie Secretary of the Treasury
rather than tacked onto an appropriation bill.
Yours, very truly,
B. H. W aexee , Jr.
Mi*. M ARTINE o f New Jersey. Mr. President, this bill and
the particular feature o f it which is mentioned in Mr. Warner’s
letter carries the sum o f $1,494,104. Personally I am in favor
o f a power plant, and it has seemed to me an infinite waste o f
Power for years that the upper falls o f the Potomac have not
been harnessed long before this; but I am much impressed with
the letter of Mr. Warner. He is a man o f large property in
terests and affairs. It seems to me, inasmuch as the Senator
clinc of the remarks of Dr. S. S. Goldwater, superintendent of the from Wyoming [Mr. W a r r e n ] has declared that this bill is
t Sinai Hospital, of New York City, before m e Committee on being loaded clear to the gunwales, that here is an opportunity
j*c Health and National Quarantine, January 18, 1913, in support to relieve ourselves. I believe this legislation, as 1 read it is
nate bill No. 4972, a bill to authorize and empower the Public
I f there is, as there evi
h Service to collect, maintain, and make available plans and de hasty and at this time ill-advised.
lve matter relative to hospitals, asylums, dispensaries, and like dently is from the letter o f Mr. Warner, a report from the board
ations, and make provision therefor:
o f engineers o f this city on the subject to which he refers, I
he wide distribution of authority and responsibility for the care
1 sick conceals the magnitude and importance of this social func- feel that the Senate should have it in order that they might
Calculated on the basis of the actual provision of beds for the act intelligently and in harmony with the thoughts that I have
n certain municipalities, the United States for its present popu- expressed and with the letter o f Mr. Warner.
• needs 300,000 hospital beds, representing about $1,500,000,000
I move that all that portion o f the bill from line 3, on page
’ested capital, which capital must be renewed at least every 30
The average annual capital outlay will therefore be $50,000,000, 54, and pages 55 and 50, over to and including line . , on page
”
the maintenance charges, calculated at $000 per bed, $300,000,000 57, he stricken from the bill.
>nnum
.
Mr. WARREN. Mr. President, T will say to ilie Senator from
he figures given do not include ilie vast field of tlie care of the
\ for whom 300.000 beds would not to-day he an excessive na- New Jersey that this is not a new matter; it is a subject that
provision (there are 33,861 insane patients in New York State was considered at great length over a year ago and about
als alone) ; nor do they embrace sanatoria for tbe treatment of
which we have sought information through tlie Architect o f
’ulosis.
lie agencies engaged in this vast work include tlie United States
G
o\ am ent; Stateg municipal, and county governments; and philan- the Capitol and through the Treasury Department. I have
th i. c corporations, which for ilie most part are under the supervision conversed, I might say, for almost hours with the Secretary o f
of . 'ernmental authority, and which in nearly 40 States are partially the Treasury concerning the great economy o f a heating plant.
> m -tod by public grants. The analysis of the results obtained under As the Senator from New Jersey says, the adoption o f his
’P
, '"T s systems and methods of administration is one of the many
amendment would reduce the amount o f the appropriation car
1•
'Hs of usefulness open to the proposed bureau.
Il is inconceivable that in this country all hospital work can he ried in the h ill; it would reduce tlie bill by that much money,
■ under central direction, but progress in scientific management but it would continue an expense which, compared with what
■ c
he more rapid and uniform if a hospital-helping bureau were
the expense of this proposition would be, is simply a trifle.
shed.
We had not long ago a heating plant constructed to heat this
“ The National Government lias a large direct interest in the subject
•O needs such a bureau for its own immediate purposes; individual Capitol and had some of the buildings connected with it. That
ld
''gents of the various hospital branches of the Government are making
r'e same inquiries and doing the same work over and over again. But plant has been exceedingly satisfactory. It is for Government
purposes. It has, so far as 1 know, the indorsement o f every
,, bureau would serve a wider need.
Hundreds of communities are without any knowledge or experi- body connected with it. Last year the members o f the House
i ." " e in hospital construction or administration: their efforts to estabcommittee informed me, when the matter was taken up and we
*sh hospitals are laborious, clumsy, ineffectual, and costly.
<
.
Many States are without'-adequate laws on the subject of hospitals, were in council, that they would personally, as Members o f
i,"eli laws are generally being adopted, but legislative and administra the House, inspect this whole proposition.
This plant is not
t e officers can only by the most laborious means acquire the knowledge
only to provide for all o f the down-town Government buildings,
'•ceded for their guidance in drafting the laws.
fthV1'!10 CO o f e n t a i l i n g
lSt
proposedbureau^ would f b«r
small but it is to connect with the power plant that supplies the heat
necessary office force would be a director, with not nioie rmin for this C apitol; so that, in case o f the failure o f either one,
or three assistants) that t1|e investment for the Nation would be
we would not he without heat.
‘husually profitable from every conceivable standpoint.
Mr. M ARTINE o f New Jersey. Mr. President,. I thoroughly
,
In the* nat iire of things there can be no popular clamor for the
i t " b>„ of a Government U tility of this kind but the duty of the G o ^
appreciate tlie force of the Senator’s thought. I know it is
/m e n t is none tlie less plain.
Wherever the attention of the
proposed by this means to make connection with the Capitol
! * s been called to the matter its. support of this proposal has
heating plant. I talked with Mr. Warner regarding this subject
"Qualified and instantaneous.”
Mr. M ARTIN E o f New Jersey. Mr. President, I received about six months ago, and I was very much impressed by what
lie said. As I have said, he is a man o f large affairs and is
tvhiie liere in the Chamber this evening a letter Jrom a \
hroininent man, a man o f large affairs and large property in identified with the District o f Columbia. I still believe that a
terests in this city, which I ask to\have read in reference to a plant should at some time he constructed that would utilize the
force o f the waterfall on the Potomac, hut I am so impressed
Provision in the bill which I shall iffove to strike out.
The PRE SID EN T pro tempore. The communication will oe with that which I have learned that I still believe that the
pending proposition is an immature plan; and, with all defer
lp«d in tlie absence o f objection.
ence to the Senator from Wyoming, that it is ill advised, I still
The Secretary read as follows:
adhere to my motion that that portion o f (he bill which I have
,
'
WASIIIXGTOX, D. C„ February 27, 1913.
moved to strike out he stricken out.
° n- -T
amer E. M a e t ix e ,
Mr. W ARREN. The annual saving is one hundred and
___
Flitted States Senate, Washington, D. O.
seventy-six thousand and some odd dollars, and I hope the
R M r IIeae S ie : I desire to invite your attention to II. R.
• ludry civil bill, now before the Senate.
•
'
I would like to uige that clauses will not he stricken out.
fem , Provisions relating to a central heating and Pjwei piant, as
Mr. MARTINE o f New Jersey. There is a saving if you can
'U "d commencing on line 3, at page 54, be struck out. My reasons
accomplish it judiciously, but that is the question.
,
to t i e
o f o b . D W rtc . of C»The PRESIDEN T pro tempore. The question is off tlie
'. 'nbia.
The commissioners have not even been Consulted, although
"U ild in ? °Sl<ion included f " rnlshillS ''g h t and power for the Municipal amendment proposed by the Senator from New Jersey.
\
The amendment was rejected.
m
Th®' idea of using Great Falls for p ow er purposes has Jusi. been
Mr. WORKS. I move to amend by inserting, after line 17;
'"d e the subject of a rep ort by Army E ngineers. It Is the consensus
bf, ®Pi"ion among business and com m ercial W ash in g ton that no a ctio n on page 97, the follow in g :
taken on this central heating and power plant until after the
l ^ t ' F n l I s “ report 'has been'printed, that the interested parties may
Xe u chance to become familiar with the proposition.
3. There are manv objections to the proposed site , (at it is too
; " a l l ; ( 1)1 it w n f be bad ooliev to erect a municipal asphalt plant
s
i'«ht alongside " o f 1 the power plant, thus subjecting the p la n t, to ungei'al, du"g e r from fire and explosion ; (c) it would -D d V Hie kse ^and
oe... should
Potomac
overflow its hanks, (d) the use and
O ^ipatioiY ,the(i,js site is rise and to restrictions.
C
c
4subject
* bis paragraph, yf (bo bill Has been d r a w n tM eci'yol- :
%
estimate w as furnished by the Peeretary ^oi the Treasury
« the time the sundry civil lists were made up. The Secretary did
jyf f>
e
*<c.
! ‘
For p
&pairs to hospital and repairs to three b a r¥ »e li< tl4 ,9 9 2 .
M r. WARREN.
That is all right
Mr. WORKS. Within the last two minutes the Senator from
Washington has handed me tlie follow ing telegram-----Mr. W ARREN. The matter is estimated for, and there is no
objection to tlie amendment on the part o f ilie chairman o f the
committee.
The amendment was agreed to.
Dr
4200
CONGRESSIONAL RECORD— SENATE.
Mr. WORKS. Mr. President, I also move, on line 13, page
97, t.o strike out “ $180,000'’ and to insert “ $190,000,” so as to
read N,
*
/
For subsistence, including the same objects specified Amder this head
for the Central Branch, 8100,000.
F ebruary 27
to assist the Bureau of Mines by providing it with a building for resepp
training, pending such future provision as Congress might make, T h i.
is the only case where such generous assistance was furnished. SuM(.
quentlv, on receipt of a donation of a building site in Birmingham
Ala . the bureau constructed a rescue station there, and in Seattle th,’.
bureau is oceupving the Philippine exposition building.
Still later the bureau has purchased rescue cars, and was authorize
by a provision of the sundry civil act for 1912 to accept or purchase
sites for sidings on which to store such rescue cars. There is no W Y "
lation. however, authorizing the bureau to purchase from private parti,A
a *escue station and grounds, as in the case of this proposition froi^
Oklahoma.
.
, ,,
The bureau is still using ns a rescue station at McAlester the l>ui]ti{n„
which cost the operators about .$10,096. I understand that there u
a floating debt on this amounting to $5,500, and on several occasions
since 1911 the trustees have offered to turn the building over to tlm
Bureau of Mines if the bureau will settle this floating indebtedness
By so doing the Government would come into possession of a property
worth .$10,000 at an expenditure of $5,500.
J
Since the Bureau of Mines must have a rescue station for the condnntof its work in McAlester, I believe it would be in the interests of
Government if an appropriation and authority can be granted for tho
purchase of this building and land at tho above price. Such authoriiv
would probably be best inserted in the sundry civil bill. The letters
from Messrs. Drew and Busby arc herewith returned.
Very respectfully,
V an II. M anning , Acting Director.
The PRESIDEN T pro tempore. The question is on the
amendment proposed by the Senator from California.
Mr. W ARREN . One moment. I should like to see where the
amendment c»mes in.
/
Mr. W ORKS. I call the attention o f .fire chairman o f the
committee to the fact that for the Kansas Central Branch
$190,000 is appropriated for exactly the/sam c purpose. There
is a larger number o f inmates in tliejff’acific Branch than in
the others. There may he some reasoi for this smaller appro
priation which does not occur to me. J
Mr. W ARREN. Ml. President, /M ess the Senator knows
very positively the necessity for tb£ increase and can explain
th e situation, I wish he would not/press that amendment. W e
have to rely largely, o f course, ijflon reports we get from the
department, and also from th o ^ who have these matters in
charge. The Senator’s proposition will throw the appropriation
out o f balance, as we ha v(A figured it in connection with the
D epartment of th e I nterior ,
others. I should like to know/w hat it is for.
Washington, February 25, 1 9 1 3 .
Mr. W ORKS. It is for subsistence, including the same things Hon. R obert L. O w en ,
United States Senate.
specified under this head o f fhe\Central Branch. There is sim
;
ply a difference o f $10,000 /e t w t e n those two branches, and it
M y D e ar Senator O wen : I beg to acknowledge the receipt of y0u„
_
_
letter of February 18, with inclosures from Mr. F. B. Drew, secretary
does not seem to be justified by tile facts.
of the Oklahoma Coal Operators’ Association, and from the Acting
Mr. W ARREN. That does not necessarily carry any reason Director of the Bureau of Mines, relative to the purchase by the Gov
with it. Another tiling / Subsistence is always a matter that eminent of a mine-rescue station at McAlester, Okla.
The
contained
Director of
is not cut short, becatisgfif you run short it comes up as a defi Bureau information December in the letter of the Actingfloating debt the
of Mines,
21, 1912, regarding the
rtf
ciency. There is no danger at all. The law provides what it $5,500 on the mine-rescue station building and lot at McAlester,
based upon information received by the acting director at that time
shall be, if there is a Shortage.
while
of
department and
Mr. W ORKS. Tbyte may be no reason in what I am saying, to the the copy D. the bill , drawn up by the Representatives, transmitted’
Hon. C.
Carter of the House of
on January
but I have already /a id that if there were any reason for this 27 last, was based upon letters received from the former secretary 0>
difference between th e two branch homes that could be pointed the Oklahoma Coal Operators’ Association on January 31, 1911.
I understand that the amount expended for the lot and rescue-station
out I should not qomplain.
building, with fixtures, has been not less than .$10,000; that the lot__
The PRE SID EN T pro tempore. The 1 question is on the 50 by 165 feet in size— is well located in the business part of the cltv •
and that the building is a substantial brick building, which, with the
amendment proposed by the Senator from\Galifornia.
lot. has a commercial value at this time equal to this amount. I under
The amendmyfit was rejected.
stand also that this building lias been occupied as a mine-rescue station
Mr. O W E N ./ After line 7, on page 117, I move the amend by the Bureau of Mines for more than two years, and that the Govern
ment has no other building in the city of McAlester suitable for the use
ment which i/sen d to the desk.
the mine-rescue
The PRESID EN T pro tempore. The Senator from Oklahoma of In view of these station.
facts and the need by the department for a suitable
offers an a/en dm en t, which w ill be stated.
building for housing the mine-rescue work of the Bureau of Mines at
The S e c r e t a r y . O11 page 117, after line 7, it is proposed to McAlester, and in view of the recommendation contained in your letter
of February 18, I am willing to approve the purchase by the department
In sert:
of this building for the use of the Bureau of Mines rescue work at Ale-
For life purchase of the following-described real estate in the city
of Me Joes ter, county of Pittsburg, State of Oklahoma, to w it: The
north/50 feet of lot No. 2 in block No. 487 in. the original town site of
Sotiffl McAlester, the dimensions of said lot being 50 feet by 165 feet,
w i t / 50 feet front on South Third Street, in said city of'M cA lester,
together with the two-story brick building and all other improvements
thereon, for the use of the Bureau of Mines for a mine rescue station,
and for such other purposes as the Bureau of Mines may frorfc time to
Ijjne desire to use the same, at and for the sum of .$5,500.
Alester at a price not exceeding the sum of $5,500, as may he decided
upon after an investigation of all the conditions by the department.
The wording of the proposed amendment to the sundry civil hill
authorizing the purchase of this building by the department should
specify that the purchase he made by the Secretary of the Interior in
an amount not exceeding $5,500.
Respectfully,
V alter L. F is h e r .
J
Secretary
Mr. OWEN. Mr. President, in 1910, when the Bureau o f
Mines was established. McAlester, which is the center o f a
large mining district, furnished the Government with these
quarters. They cost about $10,000. There is a balance due o f
$5,500 on the property, and the men who furnished the Govern
ment this rescue station offered to turn it over and desire to
turn it over. I have here a letter from Van H. Manning, acting
Director o f the Bureau o f Mines, and a letter from the Secre
tary o f the Interior, Hon. Walter L. Fisher, o f February 25,
191” , which has just come in.
Mr. W ARREN. Y e s; but that, is a matter that has had con
sideration. It is not estimated for. The Bureau o f Mines has
been most liberally provided for, and the Senator should let
that proposition run over until we can have a regular estimate
for it. I shall have to make the point o f order against it.
The PRESIDEN T pro tempore. The point o f order is sus
tained.
Mr. OWEN. I a sk to print in the R ecord the letters to which
I have referred upon the matter.
The PRE SID EN T pro tempore W ithout objection, that order
will be made.
The letters referred to are as follow s:
Mr. BORAH. Mr. President, on page 3S9, line 5, af’J fr th e
figures “ $4,926,000,” I move the amendment which I /Send to
the desk.
The PRE SID EN T pro tempore. That amendment will be
stated.
/
The S e c r e t a r y . On page 1S9, after line 5, it Is proposed tt
in sert:
D epartment op th e I nterior.
B ureau op M ines ,
lion. R obert L . O wen ,
’Washington, December 21, 1912.
United States Senate.
M y D ear S ir : In the absence of Dr. Holmes, I beg to acknowledge
’ the receipt of your letter of December 16, accompanied by inclosures
.from Messrs. F. B. Drew and William Busby, of McAlester, relative to
The matter of purchase by the Government of the McAlester mine rescue
station.
When the Bureau of Mines was organized in 1910 and inquiries were
made toward securing local rescue stations and cars in mining districts,
in which to train and instruct men regarding mine safety, the coal-mine
operators of McAlester were the first to come forward and undertake
Provided, That hereafter no part of this or a n / other appropriation
shall be available for the salary or pay of any /nfleer, manager, super."
intendent, foreman, or other person having charge of the work of any
employee of tho ‘1 ’ nited States Government vrho shall make or cause
to be “made, with a stop watch or other timr-mcasuring device, a time
study of the movements between the start/ng and completion of ariv
job of any such emplsyee ; not shall this at any other appropriation be
available to pay any premium or bonus/ or cash reward to any em
ployee in addition to his regular w age s,/xce p t for suggestions resulting
in improvements or economy in the operation of any Government plant ■
and no claim for services hereafter performed by any person violating
this proviso shall he allowed.
Mr. W ARREN. Mr. Pi^si/ent, I do not wish to inveigh
against the spirit or the requirement o f that amendment, but it
is clearly legislation o f the njost pronounced kind because it
applies to this and all c/h er appropriation bills. So I shall
have to make the point,-of order-(h at it is general legislation
The PRE SID EN T pro tempore. >The question is on agreeing
to the amendment.
\
The amendment was rejected.
\
The PRESID EN T pro tempore. If> [here De no further
amendments as in Committee o f the W
(e, the bill will be
reported to the ..-Senate.
Mr. SM ITH o f Georgia. Mr. President, in f\at connection I
desire to reserve action on the amendment that Xffs offered bv
the Senator from Kentucky [Mr. B r a d l e y ] w hich’ provides fo r
carrying into effect the provisions o f the Senate bill passed
April 2, 1912.
191° .
O
CONGRESSIONAL RECORD— SENATE.
general deficiency appropriation bill, which was referred to the
Committee on Appropriations and ordered to be printed.
OIL AND GAS LANDS OF OSAGE NATION.
Mr. OWEN submitted the following resolution (S. lies. 485),
niiich was read, considered by unanimous consent, and agreed to :
Resolved, That the Secretary of the Interior he directed to
to tlie Senate the correspondence and protests relating to the
•easing of oii and gas lands of the Osage Nation, together with
posed rules and regulations, before concluding the disposition
>ands by lease.
SENATE PRECEDENTS.
transmit
proposed
the pro
of such
^ir. LODGE submitted the following resolution (S. lies. 486),
h'liieh was read, considered by unanimous consent, and agreed to :
-RcttoffccZrThat the Chief Clerk be authorized to bring down to the
close of the Sixty-second Congress the digest of the precedents and dectf1
'?,PS i°n points of order in the parliamentary practice in the Senate,
with a full index, and that 1,000 copies be printed and bound tor the
Hse of the Senate.
SUNDRY CIVIL APPROPRIATION BILL.
-Mr. OVERMAN. I move to reconsider the votes by which (he
sundry civil appropriation bill was ordered to a third reading
diul passed, for the purpose o f adding an amendment, by in
d u c t io n o f the Committee on Appropriations.
. I v isli to state that I protested against an item in the sundry
Cn'il bill because I thought it was too much. I said I would
undertake to contract to do the work for 825,000. when $45,000
U
’us asked. I saw the Secretary o f the Treasury, and he still
insists that $45,000 will be necessary; hut I have an amendment
offer by direction o f the committee, striking out $45,000 and
inserting '$25,000. I am instructed by the committee to state
tliut they w ill accept this amendment. I therefore move to re
consider the votes by which the bill was ordered to a third read
ing and passed I could not be here last night.
Mr. SMOOT. I desire to state to the Senator that if the
Mil is reconsidered it will be only reconsidered for tliis one
item. The item was passed upon by the committee, as the Sen
ator has stated.
The PRESID EN T pro tempore. The Senator from North
Carolina moves to reconsider the votes whereby the bill (II. R.
28775) making appropriations for sundry civil expenses of the
Government for the fiscal year ending June 30, 1914. and for
oilier purposes, was ordered to a third reading and passed.
The motion to reconsider was agreed to.
Mr. OVERMAN. I offer the amendment I send to the desk.
( The PRE SID EN T pro tempore. The Senator from North
Carolina offers an amendment, which w ill be read.
The S e c r e t a r y . On page G in lieu of the matter contained in
,
Jiues 16 and 17 and line 18, down to and including “ $6,000,”
insert the following:
Section 7 of the omnibus public building act approved June 25, 1910,
— ! — -^modeling, or improvement of
at Charlotte, N. C., at a
and the same is hereby,
amended so"as~to authorize in lieu thereof the demolition of the present
mdldlng and the construction of a new building for the use and accom
modation of the post office and United States courts at Charlotte, N. C.,
v'mMdmg fireproof vaults and lieaiipg and ventilating apparatus and ap:
Jjf/mcncs, complete, within said lim it.of cost hereby fixed of not to exceed
izeu , ° 0 0 ' ,,1C materials of which the old building is composed to be utilbn !i 5 i *ar as they maybe found suitable, in the construction of the new
So
pOpihng. And the Secretary of the '-/Treasury is hereby authorized to
Iin,?,1 into contracts for the construction of said building within the said
'
v,!J ° t cost hereinbefore fixed.
ann
tIle Secretary of the Treasury be, and he is hereby, authorized
\r
directed to cause the present assay office building in Charlotte,
j ; ‘ • to be so altered, rearranged, improved, and equipped, including
i
•
t ‘ ; |,ro° f vaults and heating and ventilating apparatus, as to afford
„ ™P0i'ary quarters, pending the construction of said new post office
> 1 court house, for such of the Federal officials at Charlotte as can
‘ (1
sucl
be accommodated therein, and so as to furnish suitable permanent
<
iL ;!‘ to.,'s for such Federal officials as can not be proper]v accommodated,
j un u s completion, in said new post office-sand courthouse, at a cost
J exceeding $25,000.
l.
to ^
the Secretary of the Treasury be. ancK he is hereby, authorized
acem,
temporary quarters for such Federal officials as can not be so
anri f °d ated in the permanently altered and rearranged assav office,
out
P
,ay the rent for such temporary quarters and all moving expenses
renn.
. limit of cost hereinbefore fixed for permanently altering and
Ranging said assay office building, said rent td^be for such period as
4261
PROTECTION OF AMERICANS IN MEXICO.
*&***>&*
Mr. POINDEXTER. I offer (ho resoffiffoT w iiicfT T sen T T T
the desk and ask that it be read.
The Secretary read the resolution (S. Res. 4S4), as follow s:
! Resolved, That the President of the United States be, and is hereby,
•requested to transmit to the Senate a statement of what, if any,
measures, diplomatic or otherwise, have been taken by this Govern
ment for the protection of citizens of the United States from violence
fn the disorders in Mexico.
Mr. BURTON. I ask that the resolution he again read.
The Secretary again read ilie resolution.
Mr. CULLGM. I move that-----Mr. POINDEXTER. In regard to the resolution I should
like to suggest before-----Mr. CULLGM. I move that the resolution be referred to the
Committee on Foreign Relations.
Mr. POINDEXTER. Mr. President, I ask unanimous con
sent, on the suggestion o f the Senator from Virginia, which I
am willing to accept, to strike out the word “ directed” in tlie
resolution, and to insert in place o f it tlie word “ requested.”
I ask that the resolution lie over one day under the rule.
I will say, in a sentence, in explanation o f the resolution, that
it simply calls, I think, for what the Congress is entitled to,
namely, the advice o f tlie Executive about a matter which has
come to be one o f vital importance to the country and upon
1which the Senate and House o f Representatives have not," as
yet, been advised by the President.
Mr. CULLOM. I think The resolution ought to be referred,
and I move that it be referred to the Committee on Foreign
Relations.
The PRESIDENT pro tempore. The Senator from Illinois
moves that the resolution be referred to the Committee on
Foreign Relations.
Mr. POINDEXTER. On that motion I should like to say
that, if in order at this time, iii- view o f the condition that is
existing before the close o f this Congress, the reference o f the
resolution to a committee would probably defeat its considera
tion. I think the resolution ought io come up for consideration
in the Senate in regular order.
The PRESIDENT pro tempore. The question is on the mo
tion of the Senator from Illinois [Mr. C u l l o m ] to refer the
resolution to the Committee on Foreign Relations.
The motion was agreed to.
Mr. FALL. I give notice that immediately after the morn
ing business to-morrow morning I shall address the Senate
upon the subject embraced in tlie resolution just submitted by
tlie Senator from Washington.
The PRESIDEN T pro tempore. Morning business is closed.
DEPOSIT OF PUBLIC MONEYS IN NATIONAL BANKS.
Mr. POINDEXTER. I call up and ask the action of the Sen
ate upon Senate resolution 479, which I introduced on yesterday.
The PRESIDEN T pro tempore. The resolution will be read.
The Secretary read the resolution (S. Res. 479) submitted by
Mr. P o i n d e x t e r on yesterday, as fo llo w s :
Resolved, That the Secretary of the Treasury be directed to report
tlie list of securities which lie has authorized to be accepted as security
for Government deposits in national-bank depositaries, and wliat nas
actually been accepted as such security ; and further, that he bo directed
to transmit to the Senate copies of all letters, telegrams, or other com
munications to or from Government officials relating to the recent
Treasury Circular No. 5.
Mr. SHEPPARD. Mr. President-----The PRESIDEN T pro tempore. Does the Senator from Wash
ington yield to the Senator from Texas?
Mr. POINDEXTER. I do not yield for the consideration o f
separate matters.
The PRESIDENT pro tempore. The question is upon tlie
resolution just read. [Putting the question.] The noes seem to
have it. and the resolution is not agreed to.
1
ttiav be permitted bv the balance remaining o f the f^st-mentioned limit of
Mr. POINDEXTER. I ask fo r a division upon that question.
after such permanent alteration and rearrangement o f said assay
2Tee has been provided for, not exceeding an aggregate rental o f $0,500 The resolution simply calls for information about Treasury Cir
for tlie first y e a r ; estimates fo r any further ren
to be submitted cular No. 5. as to which a resolution was heretofore introduced
annuaily.‘
and passed ; but the report by the Secretary in response to the
s iJ ’kat all appropriations heretofore made for the enlargement, extenru Y’ , remodeling, or improvement of tlie post office a fid courthouse at resolution did not contain the most essential information for
Pen i - (e- N. C.. or winch may be contained in appropriation acts now w h ich the Senate called. There is nothing unusual about the
anil lng tov s;|i<l purposes, he, aud tlie same are liereby.Yreappropriated resolution at all, and in the ordinary course such resolutions
cm? ,T a(ie available for tlie construction of said new post office and
a T ouse a«d for said permanent alterations, remodeling, etc., of the are adopted. I ask for a division.
<w „
office and for said rental of temporary quarters and moving exThe question being put, there were, on a division—ayes 16,
■'ses of the Federal officials to be quartered therein.
,
noes S : no quorum voting.
Mie PRE SID EN T pro tempore. The question Is on tlie
The PRESIDEN T pro tempore. The roll will be called.
'“dendm
eiit.
The Secretary proceeded to call the roll.
rpjle flmeiHliuent was agreed to.
Mr. SMOOT.* Mr. President------ *
10 amendment was ordered to be engrossed and the bill to be
The PRESIDEN T pro tempore. The roll call can not bo
rc'Tj a third time.
interrupted.
MU was read (he third time and passed.
4282
CONG CESSIONA L RECORD— SENATE
F
e b r u a r y
28,
hibits a patriotic cooperation in the legislative task ahead of yon
compliance with changed conditions and public sentiment will"
greatly facilitated and the State will enjoy an era of social and
Kavarrangh
•Cum ins '
m
industrial peace, unknown in the last two decades at least.
Ashurst
Poindexter
Lea
Progressive government, so called, which means in its correct under
Bankhead
Curtis
Pomerene
standing constructive work along the lines pointed out hy the lamps
Bourne
Dillingham
McCumber
Richardson
of experience and the higher moral vision of advanced civilization, js
Dixon
Brandegee
McLean
Sheppard
now on trial in our State. Every constitutional facility has been
Briggs
du Pont
Martin, Ya.
Simmons
provided for an upward step, and Ohio, because of the useful part it
Bristow
Fail
Smith, S. C.
Martine, N. J.
has played in the affairs of the country, is at this hour in the eve
Bryan
Fletcher
Smoot
O’Gorman
of the Nation. The State has the resources, human and material, to
Burnham
Stephenson
Foster
Oliver
make a thorough test of the principle of an enlarged social justice
Burton
Sutherland
Gallinger
Overman
through government, and the results of ohr labors will extend beyond
Crane
Thomas
Gardner
Owen
State borders. A thorough appreciation, therefore, of the stupendous
Townsend
Crawford
Page
Jackson
responsibility before you and full recognition of the probable in
Webb
Culberson
Percy
Johnston, Ala.
sidious resistance to be encountered will add immeasurably to your
Works
Pittman
Cullom
Jones
equipment to meet the emergency. If I sense with any degree of
The PRESIDENT pro tempore. On the call of the roll 52 accuracy the state of public mind. I am correct in the belief that a
Senators have answered to their names. A quorum of the Sen vast preponderance of the people of all classes have faith both in the
wisdom and the certain results' of a constructive progressive program
ate is present.
of
us,
Air. POINDEXTER. I ask for a division on the adoption of ourgovernment. Let this in full understanding of the consequences of
acts, maintain
measure of public confidence and encourage
the faith of those who are honestly skeptical because of the appre
the resolution. That motion is still pending.
Air. OLIVER. If it is in order, I would suggest that the hension generated in their minds hy a third class, which may he un
consciously prompted by sordid impulses developed hy unbroken pref
question be again put on a viva voce vote.
erences of government. No fair-minded person will dispute the logj,.
Air. SMOOT. Air. President, I desire to say that I see no ob nor question the equity of any plan which contemplates legislative
jection to the pending resolution. Such information as the action entirely within the limitations of suffrage indorsement. if
the legislature, in the passage of a single law, runs
to public
resolution asks for is published almost daily by the Treasury desire or interest, the people, through the referendum,counterthe means
have
to undo it. No greater safeguard can be devised by the genius of
Department.
phase of^ this
The PRESIDENT pro tempore. Does the Senator from Wash man, and to question either the moral or practicalof a republic. ar
rangement is to admit unsouudness in the theory
in
ington ask unanimous consent to withdraw his request for a other days changes in government such as are made necessary every
where hy our industrial and social conditions would have been wrought
division?
hy riot and revolution. Now they are accomplished through peaceful
Air. POINDEXTER. I do.
evolution. He must he indeed a man of unfortunate temperamental
The PRESIDENT pro tempore. The Senator from Washing qualities who does not find in this a circumstance that thrills every
ton asks unanimous consent to withdraw the demand for a di patriotic fiber of his being.
Even students
vision. The Chair hears no objection. The Chair will again analogies to theof government in their research find surprising historic
conditions through which we are passing, the only
put the question on the adoption of the resolution submitted difference being the scene and the displacement of violence by the arbit
rament of reason. Civilization develops along the same lines, substan
by the Senator from Washington, which has been read.
tially. The first task is the necessity of food and raiment compelled by
The resolution was agreed to.
nature, and then common interest through society creates government.
With this development comes also the economic organization growing
IMPORTATION OF TEAS.
out of social interdependence. If man as a social unit submits himself
Air. POINDEXTER. 1 ask for the consideration of a resolu to regulation hy government, then property can not lie above the same
restrictions. This ia so fundamental In justice that its acceptance as a
tion of a similar nature which I submitted on yesterday.
principle is compliment to the ruling thought of
The PRESIDENT pro tempore. The Chair lays before the soundan indicationathat we are taking a dangerous step. the day, rather
than
This enforces
Senate a resolution coming over from a previous day.
however, the problem of ascertaining just how far governmental regula
The resolution (S. Res. 4S0) submitted by Air. P oindexter on tion of business should go and not trespass upon the rights of the indi
leads me to the firm
is in
the 27tli instant was read, considered by unanimous consent, and vidual. My observationpersonal equation, in conviction that this least.
considerable degree a
administration at
agreed to, as follows:
It matters not how sound a law is in theory if in practice its enforce
ment is delegated to incompetent hands; then government becomes a
R e s o l v e d , That the Secretary of the Treasury he, and he is hereby,
directed to transmit to the Senate copies of all correspondence, rulings, travesty and the cause of progress is injured. Business in Wisconsin,
reports, and orders to or from officials of the Treasury Department after several years' resistance of regulation, now accepts it in good
during the years 1011 and 1012 relative to the importation into this grace, and frankly admits the widespread benefits that have accrued.
country of green teas or colored teas and all documents and papers But this result has been achieved only hy the highest standard of per
relating thereto in the possession of or under the control of the Secre sonnel on the administrative boards. This must be an important con
tary of the Treasury, together with a statement showing the importa sideration in our State. A policy of appointments induced largely by
tion of green teas into this country during the years 1911 and 1912, hy spoils or friendship will prevent the accomplishment of what our people
now demand. At the same time prudence suggests that the controlling
whom imported, and the amount so imported.
policy of these administrative organizations is safest in the hands of
MESSAGE OF HON. JAMES M. COX.
those who recognize and respect the responsibility placed upon the party
in power. The success of administering government under our board
Air. POAIERENE. Air. President, I have a copy of the mes or commission plan rests in large measure upon the heads selected bv
sage of Hon. James AI. Cox, governor of Ohio, to the general the executive. Each hoard has its peculiar requirements. Experience
in
that the exactions of the personnel are as rigid as in
assembly of that State, which covers the present-clay legislative thefact teaches and appointments should he made with this understand
professions,
problems which are engrossing the attention of the public. The ing. Every employee of the State should feel that, regardless of what
message presents his views in such a clear and comprehensive circumstances bring his appointment, about, he must meet the highest
Our State government, m an
manner that I should like to have it incorporated in the C o n requirements in integrity and capacity. a State unit and through the
administrative sense, to he successful as
g r e s s io n a l R ecord .
vigilant eye of its police power assist the communities, must he main
The PRESIDENT pro tempore. Without objection, it is so tained on a base having in view these considerations, namely :
First. The placing of experts in theory and practice on the State
ordered.
hoards of administration and regulation.
The message is as follows :
Second. The orderly and systematic combination of departments
which deal with the same subjects and problems and which are dupli
FIRST message of gov. cox to th e general a s s e m e l t .
cating and in some instances triplicating both labor and expense.
To th e m em bers o f the sen a te and h ou se o f r e p r es en ta tiv e s:
Third. The fullest legitimate and wholesome exercise of the police
I congratulate you upon your membership in the general assembly power of the State in matters of human welfare, health conservation'
at one of the most auspicious moments in the history of our State • and food regulation, where the local authority is remiss.
at a time when public intelligence is awakened as never before to the
Fourth. The enforcement of the same requirements as to economy
real importance of the relation of government to our social and eco system, and efficiency that join to private enterprises.
nomic life, and when it is responsive to the organic changes which ' With these observations the executive department would, in the exer
our developing civilization clearly suggests.
cise of its constitutional prerogative, submit sundry recommendations •
The new order of tilings puts to the severest test the theory of
Conditions not only justify but demand a drastic antiiohhy law. Anv
governmental control over the diversified affairs of the race, but we person interesting himself in legislation will not, if his motive and
are strengthened in the face of uncommon responsibilities hy the cause he just, object to registering his name, residence, and the matters
reflection that every crisis has been met with successful achievement so he is espousing with the secretary of state or some other authority desig
long as the principle of exact justice to all remained the controlling nated by your body. If his activities be of such nature that lie does
consideration.
not care to reveal them in the manner indicated, then the public interest
Within the last year the constitution of the State has been changed is obviously endangered. It is no more than a prudent safeguard to
in many important particulars. A convention whose delegates were have it known what influences are at work with respect to legislation
elected by the people without regard to partisanship framed‘42 amend There ought to be no temporizing with this situation. Lobbying without
ments. Of these 34 were adopted at the special election held Sep registration should bo an offense punishable hy imprisonment.
tember 3, 1942. A part of them go automatically into effect. Others
The platform adopted by the Democratic Party in convention at
grant the legislature discretionary authority, while a third class are Toledo, .T
une 4-5, 1912, is the contract made between the people on the
mandatory in nature and are hy common acceptance regarded as a one hand and the State officers and majority members of the legislature
command from the people. There can be no justification for any de on the other. Every instinct of common honesty demands that it be
parture from the intent of these amendments in the detail of legis carried out in good faith without interference from other legislation
lative compliance. Much has been said for and against the con The specifications in this covenant are :
stitutional changes, hut no unprejudiced person fails to recognize that
First. “A short ballot in the selection of administrative officers as a
their adoption is a distinct symptom of social and economic conditions. means for insuring greater scrutiny in the selection of public officials
I f the active forces which opposed several of the so-called major amend and for fixing and centralizing responsibility.”
ments had directed like energy in cooperation with the constitutional
The purpose of this is to simplify voting. “ The suffrage responsibility
convention, the situation would have been improved, at least with is so vital that confusion at the polls should be reduced to the nearest
respect to a fuller measure of confidence in the conditions to h de possible minimum. The ballot should be shortened bv abolishing as
e
veloped hy the departures w are taking from the beaten paths. This elective the less important offices. The amendments to the constitution
o
observation prompts the further thought that if every interest ex which abolish the positions of commissioner of common schools 'and the
The Secretary resumed and concluded the calling of the roll,
and the following Senators answered to their names:
1913.
CONGRESSIONAL RECORD— SEX ATE:
Volunteer Infantry, and pay her a pension at the rate of $12 ncr
Mr. BRYAN. I suggest to tlie Senator from North Dakota month.
^
1
that we can act upon the committee amendments first and then
yo back, if that is satisfactory.
The amendment was agreed to.
Mr. McCUMBER. Very well.
The next amendment was, on page 22, line 1G before the
.
The reading of the bill was resumed.
words “ per month,” to strike out “ $25” and insert “ $ 2 4 so
The next amendment of the Committee on Pensions was, on as to read:
l» ‘ige 7, after line 4, to strike o u t:
<
The name of Frances M. Dllle. widow of John B. Dille, late of Com
i /the name of Catherine M. Hazclton, widow of Frank B. Hazelton, pany K, Seventy-sixth Regiment Illinois Volunteer Infantry, and pay her
Jate first lieutenant and adjutant, Twenty-seventh Regiment Ohio Vol a pension at the rate of $24 per month in lieu of that she is" now
unteer Infantry, and pay her a pension at the rate of $12 per month. receiving.
' The amendment was agreed to.
(i The next amendment was, on page 7, line 18, before the word
‘ Volunteer,” to strike out “ Mounted,” and in the same line,
after the word “ Volunteer,” to insert “ Mounted,” so as to
read :
The amendment was agreed to.
The next amendment was, on page 24, line 12, before the
words “ per month,” to strike out “ .$25” and insert “ $24,” so
as to read :
The name of Lizzie Dovener, widow of Robert G. Dovener late assist
The name of Frederick Kinner, late of Company II, Fifty-fifth Regi ant surgeon, Fifteenth Regiment West Virginia Volunteer Infantry, and
ment Kentucky Volunteer Mounted Infantry, and pay him a pension pay her a pension at the rate of $24 per month in lieu of that she is
at the rate of $21 per month in lieu of that he is now receiving.
now receiving.
The amendment was agreed to.
The next amendment was, on page 9, after line 12, to strike
out :
The amendment was agreed to.
The next amendment was, on page 25, line 16, after the
words “ per month,” .to strike out “ in lien of that she is now
The name of James IC Waltermire, late of Company I, Third Regi receiving,” so as to read:
.
ment Ohio Volunteer Infantry, and pay him a pension at the rate of
$20 per month.
The amendment was agreed to.
The next amendment was, on page 9, after line 15 to strike
out :
The name of Walter S. Reeder, late of Company C, Seventy-fifth
Regiment Indiana Volunteer Infantry, and pay him a pension at the
rate of $30 per month in lieu of that he is now receiving.
The amendment was agreed to.
The next amendment was, on page 10. line 2, before the word
“ Volunteer,” to strike out “ Mounted,” and in the same line,
after the word “ Volunteer,” to insert “ Mounted,” so as to
read :
The name of Elizabeth J. Todd, former widow of Ephraim L. Webb,
late of Company E, Forty-fourth Regiment Missouri Volunteer Infantry,
and pay her a pension at the rate of $20 per month.
The amendment was agreed to.
The next amendment was, on page 27, after line 22, to strike
out :
The name of Melvin J. Ringler, late of Companv C, Sixty-fourth
Regiment United States Colored Volunteer Infantrv, and pay him a
pension at the rate of $30 per month in lieu of that he is now
receiving.
The amendment was agreed to.
The next amendment was, on page 2S, after line G to strike
,
The name of Senohio Cordova, late of Capt. Graydon's independent out:
company of New Mexico Volunteer Mounted Infantry, and pay him a
pension at the rate of $12 per month.
The amendment was agreed to.
The next amendment was, on page 14, after line 4, to strike
ou t:
The name of Tilia L. Eckard. widow of Calvin .T Eckard, late of
.
Company B, Thirteenth Regiment West Virginia Volunteer Infantrv,
and pay her a pension at the rate of $12 per month.
The amendment was agreed to.
The next amendment was, on page 29, line 23, before the word
The name of Patrick L. Kennedy, late of Company F, Second
Regiment Massachusetts Volunteer Cavalry, and pay him a pension “ Volunteer,” to strike out “ Mounted,” and in the same line,
after the word “ Volunteer,” to insert “ Mounted,” so as to read:
at the rate of $24 per month in lieu of that he is now receiving.
The name of David R. Edmonds, late of Company A, Thirty-fifth
The amendment was agreed to.
Regiment Kentucky Volunteer Mounted
and pay him a pcn»
The next amendment was, on page 16, line 2, after the word sion at the rate of $30 per month in lieuInfantry,he is now receiving.
of that
“ receiving,” to insert: “Provided, That in the event of the death
The amendment was agreed to.
of Ira Cottercll, helpless and dependent child of said John
The next amendment was, on page 30, after line 4, to strike
Cotterell, the additional pension herein granted shall cease and
o u t:
determine,” so as to read:
The name of Mary A. Missner, former widow of Mitchell Ilayncs, late
The name of Nancy A. Cottercll, widow of John Cottercll, late of
Company II, One hundred and thirtieth Regiment Illinois Volunteer of Company II, One hundred and second Regiment New York Volunteer
Infantry, and Company B, Seventy-seventh Regiment Illinois Vol Infantry, and pay her a pension at the rate of $12 per month.
unteer Infantrv, and" pay her a pension at the rate of $24 per month
The amendment was agreed to.
in lieu of that she is now receiving: P r o v i d e d , That in the event of
The next amendment was, on page 30, line 20, before (lie
the death of Ira Cottercll. helpless and dependent child of said John
Cottcrell, the additional pension herein granted shall cease and de words “ per month,” to strike out “ $25 ” and insert “ $20,” so
termine.
as to read:
The amendment was>agreed to.
The name of Louise Taylor, widow of Charles C. Taylor, late of Com
The next amendment was, on page 1G, after lino 9, to strike pany F, One hundred and seventy-third Regiment New York Volunteer
Infantry, and pay her a pension at the rate of $20 per month in lieu
ou t:
The name of Elizabeth O'Reiley, widow of refer O'Reiley, late of Com of that she is now receiving.
pany li. Thirty-fifth Regiment New Jersey Volunter Infantry, and pay
The amendment was agreed to.
her' a pension at the rate of 20 per month in lieu of that she is now
The next amendment was, on page 33, line 7, before the words
receiving.
The amendment was agreed to.
Mr. BRYAN. So that the chairman of the committee may
know the amendments I propose to offer, I now move to strike
out lines 14 to 17, inclusive, on page 20.
The reading of the bill was resumed.
The next amendment of the Committee on Pensions was,
on page 20, line 19, before the word “ Volunteer,” to strike
out “ Mounted,” and in the same line, after the word “ Vol
unteer,” to insert “ Mounted,” so as to read:
“ per month,” to strike out “ $20” and insert " $ 12,” so as to
read:
The name of William II. Cummings, lab of Company I. Twentvfourth Regiment Massachusetts Volunteer Infantry, and pay him a pehsion at the rate of $12 per month in lieu of that he is now receiving.
The amendment was agreed to.
The next amendment was, on page 3G, line G after the word
.
“ receiving,” to insert “ Provided, That in the event of the death
of Jennie Dickinson, helpless and dependent child of said James
D. Dickinson, the additional pension herein granted shall cease
The name of James David Rich, late of Company A, Second Regi and determine,” so as to read:
ment Tennessee Volunteer Mounted Infantry, and pay him a pension at
the rate of $24 per month in lieu of that he is now receiving.
The amendment was agreed to.
pay her a pension ai uicidic .UJ
per monrn in lieu of that she is
The next amendment was, on page 20, after line 21, to strike now receiving: P r o v i d e d , That in the event of the death of Jennie Dickinsou, helpless and dependent child of said James I). Dickinson, the adOut:
ditional pension herein granted shall cease and determine.
The name of Charles Reynolds, late chapiaiD, Eighty-sixth Reginiont Ohio Volunteer Infantry, and pay him a pension at tlie rate or
$24 per month in lieu of that he Is now receiving.
The amendment was agreed to.
The next amendment was, on page 22, line 9, after the name
“ Caroline,” to strike out “ K och ” and insert “ Kuarr, so as
to read:
The name of Caroline Kuarr, former widow of Jonathan Kennedy,
late of Company II, One hundred and fourth Regiment lennsylvania
The amendment was agreed to.
The next amendment was, on page 36, after line 10, to strike
ou t:
The name of William T. Mills, late of Company E, Forty-ninth Regi
ment Indiana Volunteer Infantry, and pay him a pension at the rate
of $12 per month.
•
The amendment was agreed to.
CONGRESSIONAL RECORD— SENATE.
The next amendment was, on page 38, line 10, before the words
“ per month,” to strike out “ $24 ” and insert “ $00,” so as to
read:
F ebruary
28,
Pensions, nor while the claim is pending in the bureau, except in cases
where conclusive proof is presented that the claimant has no pensionable
status under existing laws.
lie has a pensionable status under existing law. Under exist
The name of Samuel A. Pearce, late of Company B, One hundred and
ninety-third Regiment Pennsylvania Volunteer Infantry, and pay him a ing law he can be allowed, if he has no specific disability, as
pension at the rate of $50 per month in lieu of that lie is now receiving. high as $30 per month. He is on the pension roll; and here is
The amendment was agreed to.
The next amendment was, on page 38, after line 10, to strike
ou t:
The name of Fredericka Welfley, now Wurthner. former widow of
Gottlieb Frederick Welfley, late of Company II, Sixteenth Regiment
Ohio Volunteer Infantry, and pay her a pension at the rate of $20 per
month in lieu of that she is now receiving.
what the rule says with reference to increase of pensions:
With reference to increase cases it will he required that H appR.
ie
cant shall have had his claim adjudicated at the bureau within a rea
sonable period of time prior to tbo presentation of tbe bill.
And, according to the report of the House committee, the
last application, as I understand it—if the rather indefinite lan
guage as to the time o f his medical examination can be con
The amendment was agreed to.
strued as a date—was in 1897, nearly 36 years ago.
The next amendment was, on page 40, line 2, before the words
We have heard much about the rules of this committee. Yet
“ per month,” to strike out “ $25 ” and insert “ $24,” so as to here is a case that the majority of the Committee on Pensions
read:
recommend to the Senate with a favorable report, as to an indi
The name of Emily A. Kennedy, widow of Oliver T S. Kennedy, late
I.
of Companies B and F, Fortieth Regiment Iowa Volunteer Infantry, vidual whom the clerk o f the committee says would not be en
and pay her a pension at the rate of $24 per month in lieu of that she titled, and whom the rule of the committee says would not be
is now'receiviug.
entitled, to consideration under a special hill.
I f this man can come in and have his pension granted, he
The amendment was agreed to.
The next amendment was, on page 40, line 4, before the word understands perfectly well that the rule is not meant to or does
“ widow,” to insert “ former,” so as to read:
not operate to his disadvantage; hut every other soldier see
The name of Mary Gourno, now Earle, former widow of Louis Gourno, ing and reading that rule—and the rules are printed for
late of Company E, Sixty-fourth Regiment Ohio Volunteer Infantry, their guidance—will say, “ Well, I have no right to get upon
and pay her a pension at the rate of $20 per month in lieu of that she is
that roll under the rules of the committee.” Those rules are
now receiving.
liberal ones. Y
’et the committee of the House of Representa
The amendment was agreed to.
The next amendment was, on page 41, line 18, after the word tives, and in theory—in theory only, I admit—the House of
“ receiving,” to insert “Provided, That in the event of the death Representatives itself passes a private bill for tliis man in
of Roy L. Moffatt, helpless and dependent child of said Joseph spite of the rules of the committee of the Senate and the
L. Moffatt, the additional pension herein granted shall cease and House. It is not only generous enough to waive its rules in his
behalf, but is also generous enough to quadruple the pension of
determine,” so as to read:
a boy who enlisted when he was 10 years old and saw the end
The name of Julia A. Moffatt, widow of Joseph L. Moffatt, late of
Company I, Seventh Regiment United States Infantry, and pay her a of his service at the great age of 1 2 !
If the Senate wants to pass that kind of a bill for a man who
pension at the rate of $24 per month in lieu of that she is now receiv
ing : P r o v i d e d , That in the event of the death of Roy L. Moffatt, help is now 60 years old, wjio was 10 years old when lie went into
less and dependent child of said Joseph L. Moffatt, the additional pen
the service, and who was 12 when he went out, who was only
sion herein granted shall cease and determine.
a drummer boy, and who can trace no injury to service, I
The amendment was agreed to.
have nothing further to say with reference to this item.
The next amendment was, on page 42, line 21, before the
Mr. McCUMBER. This man enlisted, according to the
words “ per month,” to strike out “ $40 ” and insert “ $50,” so
records, when he was 13 years of age. He 3s 60 now. He en
as to read:
The name of Archibald McLain, late of Company C, Eighth Regiment listed in 1S63. At that time, therefore, he must have been 13.
Mr. BRYAYN. If the Senator will pardon me-----Illinois Volunteer Infantry, and pay him a pension at tile rate of $50
per month in lieu of that he is now receiving.
Mr. McCUMBER. I guess the Senator is right. IIo en
listed first as a drummer boy.
The amendment was agreed to.
Mr. BRYAN. When he was 30.
The PRESIDENT pro tempore. The items passed over tem
Mr. McCUMBER. And he remained in (he service something
porarily will now be read.
The S e c b e t a r y . The first item passed over is, on page 7, be over two years.
Mr. BRYAN. He was 12 when he went out.
ginning with line I, as follows:
Mr. McCUMBER. Under the present law he would he en
The name of Charles P. Harder, late of Company C. One hundred and
eighty-seventh Regiment Pennsylvania Volupteer Infantry, and pay him titled at the expiration of two years to a pension of $15 a
a pension at the rate of $24 per month in lieu of that he is now month for his service. It is true that our rules require that
receiving.
he should first exhaust every right that he would have before
The PRESIDENT pro tempore. The Senator from Florida the department.
|Mr. B r y a n ] m o v e s to strike out those lines. The question is
Mr. BRYAN. Let me ask the Senator, if he will permit me,
upon the Senator’s motion.
Mr. McCUMBER. I call attention to the fact that there is an has he not done that?
Mr. McCUMBER. If the Senator will give me a chance, I
amendment there reducing the $24 to $12 a month.
was going to say it is true, also, that he has not done that;
Mr. BRYAN. The House committee, in reporting this omni but this is a House hill. The House committee has the same
bus bill, prepared a report, and its report with reference to the rules. Its members evidently thought the circumstances were
item now under consideration is as follows:
such as to justify departing somewhat from that rule, in view
II. R. 9296. Charles P. Harder, aged 60 years, served as a drummer
in Company C, One hundred and eighty-seventh Regiment Pennsyl of the fact that in a very short time he would be entitled to
vania Infantry, from June 20, 1863, to January 9, 1864. and from $15 per month. The House passed the hill at $24 per month.
April 14, 1864, to August 3, 1865, and is now a pensioner under the The Senate cut it down to $12 per month, which is $3 less than
act of June 27, 1890, at $6 per month on account of rheumatism and
he will be entitled to receive in less than twT years. I think
o
resulting disease of heart. Address, Orville, Pa.
Medical examination, June 27, 1897, shows rheumatism, disease of it really ought to pass at $12, but I am willing to take the sense
heart, and piles.
of the Senate upon it.
Two physicians, May 17, 1911, have treated him for impaired vision
The PRESIDENT pro tempore. The question is upon the
neuritis, rheumatism, indigestion, and is unable to follow his usual
amendment of the Senator from Florida [Mr. B r y a n ], [Put
occupation.
Pensioner states that his income, including his pension, is about ting the question.] The Chair is in doubt.
$125 a year.
Mr. THOMAS. I call for the yeas and nays.
An increase to $24 per month is recommended.
The yeas and nays were ordered, and the Secretary proceeded
Upon a preliminary examination by the clerks in the office to call the roll.
of the Senate Committee on Pensions the following notice was
Mr. NELSON (when his name was called). I have a pair
made of this itOm:
with the senior Senator from Georgia [Mr. B a c o n ] . Not know
This man is pensioned at $6 per month under the act of June 27 ing how he would vote, I withhold my vote.
1890, and has not applied for increase at the bureau in over 13 years’
Mr. OVERMAN (when his name was called). I have a pair
Inasmuch as the rule requires that he must establish his title to and
he granted the maximum rate under that act of June 27, 1890, before with the senior Senator from California [Mr. P e r k i n s ] , and
bringing his case to Congress, it does not appear that special legisla therefore withhold my vote.
tion is warranted at this time in his behalf. He enlisted when only
10 years of age.
Mr. SIMMONS (when his name was called). I wish to in
Rule I of the committee requires, as stated in this comment, quire whether the Senator from Minnesota [Mr. C lapp ] has
that he must have pursued that course. The rule says, among voted?
The PRESIDENT pro tempore. That Senator has not voted.
other things:
Mr. SIMMONS. I have a general pair with that Senator, and
No hill will he considered by this committee unless application for
pension or increase of pension has first been made to the Bureau of withhold my vote.
1913.
CONGRESSIONAL RECORD— SENATE.
Mr. WARREN (when his name was called). I have a gen
i a l pair with the Senator from Louisiana [Mr. F o s t e r ]. I do
not see him in the Chamber, and I withhold my vote.
Mr. WILLIAMS (when his name was called). I have a pair
with the Senator from Pennsylvania [Mr. P e n r o s e ], who seems
not to be present. I therefore withhold my vote.
• The roll call was concluded.
Mr. CULLOM. I inquire whether the junior Senator from
nest Virginia [Mr. C h i l t o n ] has voted?
The PRESIDENT pro tempore. The Chair is informed that
that Senator has not voted.
Mr. CULLOM. I have a general pair with him. I will transtor that pair to the Senator from South Dakota [Mr. G a m b l e ],
hud vote “ nav.”
.Mr. BRIGGS. I ask if the senior Senator from West Vir
ginia [Mr. W a t s o n ] has voted?
The PRESIDENT pro tempore. That Senator has not voted.
Mr. BRIGGS. I have a general pair with that Senator, and
therefore withhold my vote.
Mr. DILLINGHAM. I will inquire whether the senior Senntor from South Carolina [Mr. T illman ] has voted?
The PRESIDENT pro tempore. That Senator has not voted.
Mr. DILLINGHAM. I have a general pair with that Sen
ator, which I transfer to the Senator from Rhode Island [Air.
L ip p it t ], and vote. I vote “ nay.”
Air. RICHARDSON. I in q u ir e i f th e ju n i o r S e n a to r fr o m
South Carolina [A ir. S m i t h ] h a s v o te d ?
The PRESIDENT pro tempore. That Senator has not voted.
Air. RICHARDSON. Being paired with the junior Senator
from South Carolina, I withhold my vote.
Air. BRIGGS. As I announced previously, I have a general
pair with the senior Senator from AYest A irginia [Air. A atT
V
so n ],
I t r a n s fe r t h a t p a ir to th e s e n io r S e n a to r fr o m N e b r a s k a
strike out of the bill some of the items which violate the rules
of the committee. The Senate has placed itself upon record as
willing to do that, so there is no use to have it repeated on
every motion.
Now, I ask, and I want to get it into as close juxtaposition
with the vote of the Senate as I can, that rule 1 of the Com
mittee on Pensions be inserted in the R ec or d at this point.
The PRESIDENT pro tempore. Without objection, it will be
inserted.
The matter referred to is as follows:
A IjJ J.
IL T -L
u,li win u considered by this committee unless applieae
for pension or increase of pension has first been made to the
miieau of tensions nor while the claim is pending in the bureau, except
iYher® conclusive proof is presented that the claimant has no
S c0 i-aWM
1?
iSiatuS under existing laws. With reference to increase
cases it will be required that the applicant shall have had his claim
adjudicated at the bureau within a reasonable period of time prior to
the presentation of the bill. It lias been frequently noted that applb
cants ignore the bureau and apply direct to Congress whore no effort lias
been made through the regular channels for a period of from 5 to 10
years and m
ore. The committee will give no consideration to such
cases but will require applicants to make claim for increase nt Z
bureau and have their rights adjudicated there.
tne
Air. BRYAN. I move to strike out lines 14 to 17, inclusive
on page 20 of the hill.
The PRESIDENT pro tempore. The Senator from Florida
moves to strike out certain lines which will be read.
The S e c r e t a r y . On page 20, strike out lines 14 to 17, inclu
sive, in the following words :
The name Izanna J. Kemp, widow of George H. Kemp late of Com
pany E, Fourth Regiment Massachusetts Volunteer Heavy Artillery
and pay her a pension at the rate of $12 per month.
Air. BRYAN. I send to the desk the report of the House
committee upon this item and ask that the Secretary may
read it.
The PRESIDENT pro tempore. Without objection the Sec
retary will read as requested.
The Secretary read from House Report No. 1278 as follow s:
LAIr. B r o w n ] a n d v o te “ n a y .”
The PRESIDENT pro tempore. The Chair is paired with the
Senator from New York [Air. O 'G o r m a n ].
II. R. 19731. Izanna J. Kemp, aged 73 years, is the widow of George
Air. WARREN. I will transfer my pair with the Senator H. Kemp, who served as a private in Company E, Fourth Regiment
from Louisiana [Air. F o s t e r ] so that that Senator will stand Alassachusetts Heavy Artillery, from August 20, 18G4, to June 17
1865, and
om
, etc., August
paired with the Senator from New Hampshire [Air. B u r n h a m ] . and on U. on U. S. hS. Sando m a n n e s o t a , April13, 1862, to June 25, 1863,
S. S. O io
Mi
23, 1861, to September 9,
I vote “ nay.”
1861, when he deserted. Total faithful service, 1 year 8 months.
Sailor was pensioned under act of June 27, 1890, at $12, and died
Air. RICHARDSON. I transfer my pair with the Senator
November 12,
The pension accrued at his
from South Carolina [Mr. S m i t h ] to the Senator from Rhode this applicant, 1900. he married December 1, 1858.death was paid to
whom
A pension was denied her because when she applied it was discovered
Island [Air. AVe t m o r e ] and vote “ nay.”
that in a prior service he had deserted. She applied a second time,
The result was announced—yeas 19, nays 29, as follows:':
claiming the benefit of the joint resolution of July 1, 1902, but was
Asluirst
Bankhead
Bryan
Culberson
Fletcher
Bourne
Bradley
Brandegee
§ :& ■
Burton
Chamberlain
Clark, Wyo.
YEAS—
YEAS— 19.
Owen
Gardner
Percy
Gore
Pittman
Kavanaugh
Sheppard
Martin, Aa.
r
Smith, Ariz.
Mai'tine, N. J.
NAYS—29.
Kenyon
Crawford
La Follette
Cullom
AIcLean
Cummins
Oliver
Curtis
Page
Dillingham
Richardson
Gronna
Root
Jackson
Smoot
Jones
VOTING—47.
NOT
AIcCum
ber
Fall
Myers
Foster
Nelson
Gallinger
Newlands
Gamble
O'Gorman
Guggenheim
Overman
Hitchcock
Paynter
Johnson, A
le.
Penrose
Johnston, Ala.
Perkins
Kern
Poindexter
Lea
Pomerene
Lippitt
Reed
Lodge
Bacon
Borah
Brady
Brown
Burnham
Catron
Chilton
Clapp
Clarke, Ark.
Crane
Dixon
du Pont
So Ah'. B r y a n ' s
Smith., Ga.
Swanson
Thomas
Webb
Stephensdjn
Stone
[
Townsend
Warren
Works
Shively l
Simmons 1
Smith, Aid;
Smith, A h.
liC
Smith, S. C.
Sutherland
Thornton
Tillman/
WatsonWetmute
Willijsns
w
amendment to the amendment-Avas rejected.
The PRESIDENT pro tempore. The q u estion s upon agreein^Ntp the amendment of the committee.
Thesamendment was agreed to.
Air. BRYAN. Air. President, I desire to make a statement
before proceeding to the next amendment. I hope Senators
will not ask for a yea-and-nay vote 011 any of these items
which I shall move to strike out of the bill, for two reasons.
In (he first place, I am not trying needlessly to take up the time
of the Senate nor to embarrass Senators or make them come
from the important committees in which they are working to
be present. I am perfectly willing to leave it to the judgment
of the Chair on a viva voce vote.
There is another reason which will appeal to the Senator
from Colorado [Air. T h o m a s ] a little later, and that is that it
is perfectly useless to do it. I want it understood that I am
hot: in any degree undertaking to filibuster against this bill. I
bin upon the Committee on Pensions, and I propose to move to
again denied on the ground that the bounty received for his last enlist
ment was greater than that which he would have received had he
faithfully performed his first contract of service.
Dr. G? F. Martin, December 4, 1911, says she is too weak and feeble
to work or earn any part of her living.
Neighbors testify that she owns no property or income; that she was
supported by her son until he died recently, and now she tries to assist
in housework, and, owing to her advanced years, can not do but little
housework.
Since soldier had faithful services of 1 year and 8 months and appli
cant was his wife prior to the Civil War, and is quite old and penniless,
an allowance of $12 a month is advised.
Air. BRYAN. Upon that item the force which assists the
Senate committee in its labors upon the great number of private
pension hills that make their way into Congress at every session,
and who have had to consider during the Sixty-second Congress,
as I understand it, about 15,000 private pension hills, makes the
following note with reference to this item :
Izanna J. Kemp. In this case the soldier husband was a deserter
from his first service, although he had one year and eight months faith
ful service.
. . . .
Widow is poor and needy. But the Senate committee has never
recommended granting pensions except for faithful service.
If there are any extenuating circumstances as to his desertion, a hill '
to correct that record would give the widow a pension.
Yet. Air. President, the Senate committee to-day recommends
the giving of a pension to the widow of a man who has
achieved the double distinction of being a deserter and a bounty
jumper, according to the report of both the Senate and House
committees. The record that he made crooked on the field of
battle in time of war the Congress of the United States in time
of peace makes straight for him in the face of legislation that
protected a deserter who returned within a reasonable time of
service, in the face of a joint resolution of 1902 which provided
that if he got an honorable discharge from a subsequent con
tract of service it should operate to be an honorable discharge
from a prior contract of service.
Yet the committee of the House and the committee of the
Senate urge upon their respective bodies the passage of this bill.
AT
Ahen he got an opportunity he deserted. Oh, but he came back
into the Army, they say. Yes; he came back for a bounty.
That is patriotism. In these latter days we do not measure
patriotism by the old standard that the Government which pro
tects its citizen in time of peace has the absolute right to
demand his service in time of war. But you by this kind of
COj tGEESSIOX AL EECOED— SENATE.
S
February 28,
legislation invite him to tome in although he deserted, because
Who was behind the bill to which I referred a few days ago?
you think, well, it may be that at one time he was loyal. The In the Denver convention, which met in 190S, of the American
Senate of the United States, I presume, will join the majority Federation of Labor, a committee was appointed to report back
of the committee in providing that not only a deserter bnt a to the next annual convention a form of bill for old-age pen
man who went hack for money into the Army of the United sions. They were also authorized and required to take legal
States should be so distinguished and separated and isolated advice. They came back to the Toronto convention, in 1909,
and placed above the great body of the loyal men of the Union and approved the bill to which I referred, but which I did not
Army who are not here besieging Congress to grant them any then have time to explain.
It is true that those who enlisted in the Civil War, as com
peculiar privileges, but are satisfied to receive only the pensions
pared to the widows and dependents, are in the proportion of
that come to them under the general legislation of Congress.
That is all I care to say. I think it is my duty to say that only 5 to 4. They are dying off rapidly. There is now pending_.
much, and I leave it for the Senate to retain the item in the bill and I understand it will be pressed before adjournment here—
legislation designed to give pensions to the widows of the veter
if it shall so desire.
Mr. McCUMBEIL Mr. President, had this been a pension ans of the Spanish-American War and to remove any restric
for the soldier himself I have an idea that probably the com tions in regard to the date of marriage as to widows of veterans
mittee would not have granted the pension. But the facts were of the Civil War. It will not be long—it will not be two years—
discussed before the Committee on Pensions, and the committee before the noncombatants wall outnumber those upon the pen
undoubtedly focused their attention upon the condition o f the sion roll designated as having been enlisted in the Civil War.
widow rather than upon the fact that a bounty had been re
There are not/25 per cent of those who enlisted in the War
ceived by the husband at the time of one of his enlistments.
between the States upon the pension rolls to-day. Less than one
I will state the facts, and I want the Senate to look at it, as year ago M r/Gardner, formerly a Representative from Mich
the majority of the committee looked at it.
igan, said that most of the old veterans of the war were gone,
This man had a service of one year and eight months—nearly and that the 600,000 or 800,000 people who enlisted at the close
two years of service—during the war. This woman was his of the war, and who did not even get the polish off their shoes,
wife during that service of about two years. She is now 73 formed the great majority of those now upon the pension roll.
years of age; she attempts to make a living by trying to do The number of those on the pension roll on account of the
housework; she is sick and feeble, and has no money whatever. Spanish-American War is 29,000------There is a widow, in my opinion, who is drawing a pension
M FLETCHER. Mr. President, may I interrupt my col
1\
and has been voted one where the conditions were far less league?
justifiable than in this woman’s case. I repeat, she is a woman f The PRESIDENT pro tempore. Does the Senator from
73 years old, and in her condition a pension of $12 is a small, F lorida yield to his colleague?
n itta n m
M l ’. BRYAN.
C eftain lv
Mr. B T 1V A T V . Certainly.
pittance. W h i l e her son was living and w f i s able to t a k e e n r e o?
While h e r e e n w s a 1iv in < r n n r l Avas n h l e t n take care e f
Mr. FLETCHER. I want to get clearly in my mind just
her she made no attempt to secure a pension. After she learned
that there had been a bounty paid to her husband, after ^ner the meaning of the statement that not 25 per cent of those who
son’s death, and having to rely on herself, with no one ttysup- eplisted in the war were on the pension roll. I want to ask
port her, and being 73 years of age, the committee, or a majority the Senator if he means that not 25 per cent of those on the
of the committee—and I have here on this floor to represent pension roll ever enlisted in the war, or does he mean that not
the view of the majority of that committee— concluded that 25>per cent of those who enlisted are on the pension roll ?
Mr. BRYAN. Not 25 per cent of those who enlisted. There
because of that service and because of her destitute'condition
and her age she ought to be allowed $12 per month. I speak wefe over 2,000,000 enlistments in the Civil War, and there are
only the views of the majority of the committee and the basis less than half a million now on the pension roll, although the
on which they allowed the pension. I am willing to take the pension roll itself numbers about 900,000 names. There are on
the pension roll because of the War with Spain, in round num
sense of the Senate upon it.
Mr. BRYAN. Mr. President, just a word, if he clerk of the bers, 29,000 pensioners.
In the battle of Santiago there were about 15,000 soldiers
committee was right. I f there was any question about this
man being a deserter, he had a right to ha^rthat shown. The engaged. They were all of the Regular Army, except the Rough
Riders, and the Rough Riders only numbered 557; but you
way to do that is to refer it, to have his ^military record cor
rected, or to have his crooked record straightened; but that have now upon the pension roll 29,000 pensioners of the Span’ishwould do no good. There is no question about his being a Americap War, with 7,000 applications pending, and by general
deserter; there is no question that he c^uld not come in. Even legislation and special legislation we increase it from time to
under the liberal provisions of the general law this widow could time.
The yeavand-nay vote, taken a few minutes ago, showed that
not get upon that roll unless the Sen/te should waive that and
the rules relating to pensions amounted to nothing. There is
waive the fact that he went back i^nto the service for pay.
The Senator from North Dakota/ [Mr. M cCtjmbeb] bases, as but one rule, and that is to pay a pension if it is asked for.
The bill feat came in here, to which I have referred, had
he has to base, this claim upon what? Upon the fact that the
widow is old and poor. Mr. President, that shows the vice and back of it the American Federation of Labor. I think it is a
the evil of this special pension legislation. I have stated before, great mistakA but I think that those people have as much right
and I now repeat, that it woflld be much better if Congress to be put upoA the pension roll as the women who happened” to
would simply enact as a law the rules of the Committee on marry men who enlisted in a war. If the Congress of the
Pensions and send them dowii to the Pension Bureau to be ad United States dan not resist the temptation to grant whatever
ministered. Why? Because they would follow the rules; they money is asked, 4f the pension roll in the two years that I have
would not violate them, os' the Senate did a minute ago and in had the honor to\serve in this body has jumped from $150,000the case of the previou/ amendment which I offered. They 000 to $180,000,000, and if you are going to pass before Congress
would not yield to the tfemptation to give a pension as an act adjourns two more bills that will bring the total up to $190 of charity upon the part of the Government to every old or 000,000, I predict that before 1914 we will spend $200,000,000
needy person who apmied.
for the pension rollXand that it will be impossible to resist the
Mr. President, I h /ve as much sympathy, I hope, as has the 18,000,000 laboring haen who are asking to be put upon that
Senator from Norths Dakota with the old and the needy; but I roll.
say that we are DY'this legislation establishing a precedent
There will be 1,25^000 of them entitled to be so placed, as
which will come back to plague this country in the near future. the proposition is presented.
The United States pays more money for pensions than all the
The Senate acted upon a measure this week. It went out
balance of the civilized world put together, and that, too, half upon a point of order, but what would you have done if you
a century after the war is over. Other countries pay pensions had had a chance to vo^e upon it—to pension civil employees
because of injuries received in battle, and no one needs special of the Government in the postal service. It was said that it
legislation for that. I began the other day to comment upon would not cost much; that this class was small in number; but.
a bill that was introduced for the “ Old Age Home Guard of Mr. President, there are 400,000 people in the civil service, and
the United States Army.”
to pension them would ami about $40,000,000 a year to the
Senators smiled at that; Senators thought that was a wild expenditures of the Government.
dream of some irresponsible person. That bill was framed upon
So the advocates of the CiVgo bill say that it will only cost
the theory that we in later days are not granting war pensions, two and a half millions to put the widows of Spanish-American
but that we are selecting simply a class, and that if a poor War soldiers on the pension roll n ow ; but those men have
widow 73 years old, needing help from somebody, simply be studied history; they know that that was the way the pen
cause of that was put upon the pension roll, there is no reason sioning of the widows of the Civil War was started; but these
on earth why every other poor person under like circumstances men live in a much faster age, and they are getting upon the
should not also be placed there.
roll quicker.
1911
D.
CONGRESSIONAL RECORD— SENATE.
"(Hild be developed, adequate water terminals would be provided, trans
portation by river would revive, and the railroads would be compelled to
cooperate as freely with the boat lines as with each other. The equip
ment, organization, and experience acquired in constructing the Panama
' anal soon will be available for the Lakes-to-the-Gulf deep waterways
aim °ther portions of this great work, and should be utilized by the
Ration in cooperation with the various States at the lowest net cost to
the people.
^
Mf. BIUSTOW. Mr. President, the river and harbor bill, a
presented by the conferees, has lin'd muffled from it' Hie TTPIns
hi which I was most interested, and I do not think it should
pass.
.1 do not think the item relating to the dam at St. Paul and
Minneapolis should have been eliminated. I appreciate that
Ihfe Senator from Minnesota [Mr. Nelson] made a personal
sacrifice when he eliminated that item. I am very sorry he did
Jt> because I believe it embodies a principle of legislation which
the Nation should recognize. The amendment of the Senator
from. Nevada [Mr. Newlands] that was taken out was, in my
Judgment, the most important provision in the bill.
Pile river and harbor bill as reported by the conferees is a
good deal like a public buildings bill. It seems to be a series
appropriations organized for tbe purpose of passing a bill.
The section of the country that is most interested in this
legislation is the lower valley of the Mississippi River, and very
earnest appeals are made in behalf of appropriations for that
river. Tire appropriations are made under the guise of appro
priations for the improvement of its navigation, when the navi
gation of the Mississippi River under the present system will
Pot benefit the country so much in dollars and cents as the
appropriations amount to. The real purpose of the appropria
tion is to protect from floods the people living along the river.
It is a flood-prevention appropriation in the main.
I do not believe the Federal Government has any more right
or authority fo .appropriate money for building levees on the
Mississippi River to prevent its overflow than it has to make
an appropriation -for llie purpose of putting water on the land
of the semiarid regions The people living upon the vast plains
east of the Rocky Mountains, in the semiarid region, have just
as much right to ask the Federal Government to appropriate
money directly out of the Treasury for the purpose of putting
water on that land as', the people of the Mississippi Valley have
to ask the Federal Government to appropriate money to keep
the water off of their mnd.
'1'he amendment offered by the Senator from Nevada seeks to
unite these two interest* and to put the supervision o f these
waters under a commission that will consider, in the main, three
things: First, the prevention of floods by the holding hack of
the flood waters: second, k> use the waters held hack in the
legion where water is needed to make the soil productive; and
third, to use the water that: is conserved for the purpose of
nuking the rivers more navigable.
The amendment of the Senator from Nevada, covering these
three features of the question. Is, by all odds, to my mind, the
most important part of this bill.
PENSION APPROPRIATION BILL.
Mr. McCBMBER submitted (hotfollowing report:
The committee of conference on the disagreeing votes of the
two Houses on the amendments of the Senate to the bill (H. R.
^8730) making appropriations for the payment of Invalid and
other pensions of the United States for the fiscal year ending
•luiie 30,/1914, and for other purposes, having met, after full
and free conference have agreed to recommend and do recom
mend to their respective Houses as follow s:
That the Senate recede from its amendment.
P. J. M cCumber,
B. F. S hively,
H enry E. B urnham ,
Managers on the part of the Senate.
C. L. B artlett,
W. P. B orland,
James W. Good,
Managers on the part of tfyc House.
The report was agreed to.
EXECUTIVE SESSION.
V
\
Mr. LODGE. I move that the Senate proceed to the. con
sideration of executive business.
, ,
The motion was agreed to, and the senate pioceeded to the
consideration of executive business. After 2 hours and lo
minutes spent in executive session the doors w^re leopened.
D E F IC
IENCY APPROPRIATION BILL.
Mr. WARREN. From the Committee on Appropriations I
ceport b/ick faiuraldv with amendments the hill (II. R. 2SS58)
43811
making- appropriations to supply deflcTehcies in appropriations
for the fiscal year 1013 and for prior years, aud for other "pur
poses, and I submit a report (No. 1336) thereon. I give notice/
that I will ask the Senate to take up the bill for consideration
this evening.
’he PRESIDENT pro tempore. The bill will be placed on
"the calendar.
/
EXTRA COMPENSATION FOR SENATE EMPLOYEES.
Mr. WARREN. Mr. President, the matter on which I am
about to report affects 15 or 20 Senators, and I hope I may
have attention.
The Committee on Appropriations herewith report back cer
tain amendments, providing for certain extra payments to cer
tain employees, and recommend that these twenty-odd amend
ments and the subject matter be referred to the Committee to
Audit and Control the Contingent Expenses of the, Senate.
I wish to sa3 in this connection, that I hope the committee
",
will act promptly. So much of the payments as they may
authorize will come out of the contingent fund of the Senate.
The PRESIDENT pro tempore. The amendments will be
referred to the Committee on Contingent Expanses.
MEMORIAL ADDRESSES ON TIIE LATE SENATOR W ILD ON B. HEYBURN.
Mr. BORAH. Mr. President, I offer the resolutions which I
send to the desk, and ask for their adoption.
The PRESIDING OFFICER (Mr. Page in the chair). The
Senator from Idaho offers resolutions, which the Secretary will
read.
The resolutions (S. Res. 489) were road, considered by unani
mous consent, and unanimously agreed tp, as follows:
R e s o l v e d . That the Senate lias heard with profound sorrow of the
death of Hon. W eldon B r in to n H eyburnt late a Senator from the
State of Idaho.
R e s o l v e d , That as a mark of respect to^the memory of the deceased
the business of the Senate be now suspended to enable his associates
to pay proper tribute to his high character and distinguished public
services.
R e s o l v e d . That the Secretary communicate these resolutions to the
House of Representatives and transmit a copy thereof to the family of
the deceased.
Mr. BORAH. Mr. President, the time during which we are
permitted to detain the Senate will not allow even a brief out
line of the active and crowded career of our late colleague. We
can do no more than pay the brief but sincere tribute of friends
and pass on to the duties which crowd upon us in the closing
hours of the session. In less hurried hours some one will ren
der a full and true estimate of his work and seek to give ade
quate honor and praise for his public services. When time shall
have revealed more fully the value of his efforts here and dis
closed with finer perspective the sturdy outlines of his strong
and dominant character, a more dispassionate yet truer meas
ure will be taken and he will assume the place to which he
is justly entitled among the virile and forceful figures of Uie
Senate.
We are most impressed now with the thought that he was
stricken while yet in the zenith of his intellectual powers and
at a time when his lip ! still held the language of conflict, when
his hopes were still high and his ambitions aroused for greater
work. While those who watched him here day after day
marked his physical decline, he proudly ignored the insidious
encroachment of the persistent malady and fell at a time when
he was merely waiting to take up again his work and when his
whole intellectual being was tense and ready for the obliga
tions resting upon all who serve here. While the unannounced
messenger was waiting about to call him he was planning and
thinking of work far ahead and anxiously surveying the future
for duties yet to be met and faithfully discharged. While eager
and braced for the things which ought to be done, and which
we are fitted 16 do, the summons comes. “ Behold, He taketh
away, who can hinder Him.”
Born in comparatively humble station, surrounded from birth
by the influences and environments of a devout and cultured
home, reared amid the plainness and excellence of that old
Quaker family life, the sanctity and simplicity of which no
language can unduly praise, he started upon his career dowered
with the most valuable of all estates—a character opeu, candid,
and stunfly, a mind original and independent, and, above all, a
broad, Wholesome conception of tbe true relations and responsi
bilities' of life, inculcated nowhere so well as in that school
over which presides a devoted and God-fearing mother. No
one had a more beautiful conception of home lire, a truer,
kindlier, broader view of all things which make for tfs'happi
ness and worth. These views and Jdeals- wdfe among the noble
inheritances from Mg. boyhood days..
He had an'mcfmdualitv peculiar and surprising. His mental
traits were exceptional. The dominant features of his charac-
f
4382
■
l"y
"!
CONGRESSIONAL KECORD— SENATE.
ter were energy, industry. and courage. He was one of tlie
hard-working men of this body, strong in debate, faithful and
efficient in the less attractive hut more effective work of the
committee. We shall seldom witness a more complete sacrifice
of comfort and health, a more pointed and direct sacrifice of
life to public duties than we witnessed upon his part for the
last several years of his service. All understood this, but if the
thought ever occurred to him that he was making such a sacri
fice he made no mention of it to his colleagues or his friends.
Faithfully, untiringly, efficiently lie did his full duty and met
every demand of this arduous service, even until the last hour.
I can not review here the vast work of Senator H evbtjbn as
a legislator. There was no measure in which he did not take
an interest. His activities covered the whole field of legislation.
His knowledge of details, the status, terms, and provisions of
all measures was tremendous. But it is probable that the one
legislative measure with which his name will be most conspicu
ously associated is that of the pure-food law. It was a most
difficult measure to bring into effective form and it was an
extraordinary task to secure its passage through Congress.
There was and there had been for years a strong opposition to
it. But with tireless effort and exceptional determination he
whipped a great principle into a practicable, workable measure,
and finally secured its enactment into la\V. It is a monumental
piece of work. Its benefit and general good can hardly be over
estimated. It is a lasting tribute to his efficiency, energy, and
courage as a legislator. It has already been of incalculable
benefit to the country and will continue to be a widespreading
and permanent blessing to mankind. It is that kind of a
monument to public service which time will not destroy nor
gratitude soon forget. The State of Idaho takes great pride in
his work for this great and beneficent measure.
Mr. President, Addison, the essayist, tells us in his rich, rare
old way that once, while visiting a famous art gallery, he ob
served while there an old man creeping up and down, here and,
there, from one painting to another, retouching one and all
with inimitable skill. So slight was the touch that it seemed
scarcely to leave an effect. Continuously and incessantly he
labored until through ceaseless effort he wore off every disagree
able gloss, added to all a deeper, richer hue, an infinite mellow
ness and charm, until all the paintings seemed more beautiful
than when they came from tlie hands of the masters. Tho old
man was Father Time. Standing near to a life that is closed,
there appears in spite of all some of that roughness and harsh
ness born of severe and earnest battle. But time smooths off
the rough edges, harmonizes and mellows until the tempestuous
struggle becomes at last a splendid and heroic poem of passion
and duty. The difference o f view, the conflict, of opinion, the
harsh clash of convictions will fade and forever disappear, and
our late colleague will be remembered by one and all as an
earnest, loyal, gifted, heroic man.
Mr. LODGE. Mr. President, the seventeenth century among the
English-speaking people was a period of profound unrest, both in
politics and in religion. It brought in its train a great civil war,
the Puritan migration to America, and a spirit of religious re
volt which left no creed unexamined, no forms and ceremonies,
however hallowed by time and association, unquestioned, and
which engendered innumerable seets. England and Scotland
had broken from Rome a century before at the time of the
Reformation. They had escaped the wars of religion which
had rent France asunder, and the Thirty Years’ War which had
devastated and ruined Germany. The religious movement in
seventeenth-century England entered upon a new field; it set
Protestant against Protestant; it struck at the ecclesiastical
hierarchy, assailed the union of church and state, drove some
men back to the ancient, faith o f their ancestors, and at the
other extreme fouud expression in dangerous fighting fanatics
like the Fifth M on arcy Men.
Among the sects width then sprang into life was one which
at its birth was rega/ded by the members of the powerful and
dominant churchesjj's among the worst examples of uncurbed
fanaticism. Its fotfnder was a laboring man, so ignorant that
he could not exp/ess himself clearly when he wrote his own
language, so energetic and with such strength of conviction
that as he wandered over England with his immovable hat and
leather breeches he gathered followers in every town and ham
let. So stragge, so violent, so effective was he that even Roger
Williams, tjefe apostle of freedom of conscience, could not abide
the doctrines of George Fox. The Old World and the New
World aHke beheld with horror the disciples of this strange
teachercrushing naked through the streets and into churches,
breaking glass and crying out that it was done as a sign to a per
verse generation. Under the guidance of Barclay and Penn the
extravagances were softened and gradually a sect emerged
m am
/
Mabch
i,
which, by its numbers and c h a ra cty played an important part
both in England and in America, stripped of the external and
unessential peculiarities like theJrefusal to remove the hat. the
misuse of the pronoun of the s^ond person singular, and the
like, it became perceptible even, then, as it is very apparent now,
that these people, called Friends among themselves and Quakers
by a deriding world, stood for a great and noble principle and
cherished a very simple and beautiful faith. They held that
all men were equal in the .sight of God, that every man was a
priest and every woman a? priestess whqn they approached the
s
throne of the Most Higly'and that no ceremonies or titles con
ferred by human beings^ x“ould invest anyone with the right to
stand between man and'his Maker. Their faith was very pure,
very austere, very spiritual, possibly too bright and good for
human nature’s dailyfood. Perhaps it is for this reason that
the sect has diminished in numbers; perhaps it is because their
work, a very great/work, lias been done. But the conception
of a free church id a free State, first established in Pennsyl
vania, now common to the United States, and at last making
its way in Europe, is a monument to the doctrines of the
Friends which will neither fade nor pass away. As tlie years
went on the Quakers, as they were usually called, rose steadily
in importance and in public estimation. The sobriety of tlieir
conduct and manners, their diligence and success in business,
the purity and honesty of their daily lives, their love of peace,
their steady opposition to slavery and to oppression, and their
charity ever open armed to the poor and downtrodden, won the
respect and admiraton o f every community where their modest
meetinghouses were seen.
But behind the fair and pleasant exterior, behind the place
which they had won for themselves, lay the qualities of char
acter upon which the whole structure rested. The very exist
ence of the sect implied mental and moral qualities of unusual
force. At the outset they had continually to face contumely,
opprobrium, and a persecution reaching to scourgings, prison,
and death. They were in opposition to the world and the
world’s ways, and became indifferent to the censure of a h
public opinion. They were bound by their tenets to nom
ance and for them were necessary the fortitude and co . :
which meet the scorn of society, physical suffering, and
death, not with blood warmed by tlie heady currents O; ihe
fight, but cold, unstirred and chilled by the ridicule and
contempt too often felt for those who will not fight or r
blow for blow.
They had only one guide, their own conscience; onlj
monitor, the inner voice, which told them what was
Strong men and women these, and, like the strongly m
everywhere, they transmitted these qualities through succe
generations to their descendants. The outward forms of
and speech might disappear, but the fearlessness, the
pendenee of thought, the readiness to defy the world
belief, the unswerving loyalty to principle, were sure to re »
These characteristics all came out in tlieir descendants. '
who laid aside the ancestral doctrine of nonresistance
among tlie hardest and bravest fighters in tlie armies c
United States during the Civil War, and, whether in per
war, no people can be found who will battle more strenv
for what they believe to be right than tlie men and worn
Quaker ancestry.
It may seem, sir, as if I were not speaking at all of tli_
tinguished Senator whose death we lament to-day, and yet every
word that I have uttered relates to him, for in trying to depict
the qualities of the people whom William Penn led over here
into the wilderness I have been explaining and describing Sena
tor H eyburn. He was of an old, long-establislied family in
Pennsylvania. The blood of the men and women who 200 years
before had unshrinkingly faced social ostracism, persecution,
and death ran uncorrupted in his veins. He feared nothing!
so far as I could see. You might question his opinion; you
could never doubt his courage. His abilities were of a high
order. He was a good lawyer, a vigorous debater, ready and
apt in retort. He bad a large command of language, and bis
sentences fell from his lips well framed, strong, and clear. His
industry was untiring, and be strove, to liis own injury, but from
a high sense of duty, to follow every measure which came
before the Senate.
Yet it is not of bis abilities nor of bis worth as a lawyer and
Senator that I think first, as with sadness I try to recall him
to-day. It is liis character and his moral qualities which come
most sharply to my mind, and which in his life made a deep
impression upon me. I confess when I first met him here I
was often exasperated by what seemed to me an almost perverse
spirit of opposition, but as I came to know him better I learned
to recognize liis courage, bis liigb principles, his loyalty to his
beliefs, and his faithfulness to duty as he saw it, a" fidelity
1913.
OONGBESSIONAL EECOED— SENATE.
agreement, ask for a further conference with the House of
Representatives, and that the Chair appoint the conferees on
^ rr ^art
tbe Senate.
•t'lie motion was agreed to; and Mr. S u t h e r l a n d , Mr. W a r anfl Mr. C u l b e r s o n were appointed conferees on the part
° f the Senate.
A R M Y APPROPRIATION BILL.
Mr. D t PONT submitted the following report:
t / I* committee of conference on the disagreeing votes of the
0
2~<ui ° USes on the amendments "of the Senate to the bill (H. It.
T 'M ) making appropriations for the support of the Army for
fiscal year ending June 30, 1914, having met, after full and
1 °?i c?nfcrence have agreed to recommend and do recommend
° rtlmir respective Houses as follow s:
rj , f'at the Senate recede from its amendments numbered 4, 5,
< H 16, 19, 35, 36, 38, and 39.
’
-that the House recede from its disagreement to the amend
ments of the Senate numbered 6, 8, 9, 11 , 12, 13, 15, 17, 18, 20,
24, 25, 27, 28, 32, 33, and 34, and agree to the same.
1 hat the House recede from its disagreement to the amend
ment of the Senate numbered 1 , and agree to the same with an
mendment as follow s: In lieu of the matter proposed to be
nserted by said amendment insert the following: “ and the
‘ ^tual and necessary traveling expenses incurred by military
attaches abroad under orders from the Secretary of War ” ; and
1 r i ®onafe agree to the same.
’
M
lh a t the House recede from its disagreement to the ameiyF
meat of the Senate numbered 2, and agree to the same w ith in
amendment as follow s: Restore the language proposed t/f be
stricken out by said amendment amended as follows: In Jfne 4,
after the word “ increased,” strike out the word “ "
” lid in
to tlie
lieu thereof insert “ thirty-five ” ; and the Senate
same.
/
4379
That the House recede from its disagreement to the amend
ment of the Senate numbered 30, anjragree to the same with an
amendment as follows: In line 2 qf the matter proposed to be
inserted by said amendment, after the word “ used,” insert:
“ by the Board of Road Commissioners for Alaska ” ; and the
Senate agree to the same, jf'
That the House recede fntfin its disagreement to the amend
ment of the Senate numbered 31, and agree to the same with an
amendment, as follow s: In line 3 of the matter proposed to be
inserted by said amemjfment, before the word “ years,” strike
out the word “ ten ” quid in lieu thereof insert the word “ six ” ;
and the Senate agree to the same.
That the IIouscQecede from its disagreement to the amend
ment of the Senate numbered 37, and agree to the same with an
amendment as .follows: In lieu of the matter proposed to be
inserted by sa p amendment, insert the following:
“Autom at^m achine rifles: Authority is hereby conferred
upon the Secretary of War, if in his opinion it be for the best
interests m the service, to contract for the construction of auto
matic machine rifles and their appurtenances to the extent of
not exceeding $150,000, prior to June 30, 1914.”
AnQ the Senate agree to the same.
t the House recede from its disagreement to the amend
ment of the Senate numbered 40, and agree to the same with an
endment as follows: At the end of the matter inserted by
hid amendment, after the word “ passed,” insert: “ : Provided,
That prior to July 1, 1913, the President may, when deemed by
him necessary, empower any officer competent under the terms
of this act to appoint the general courts-martial which it au
thorizes, to appoint general courts-martial authorized by exist
ing law ” ; and the Senate agree to the same.
II. A. d u P o n t ,
F. E. W a r r e n ,
Jos. F. J o h n s t o n ,
Managers on the part of the Senate.
That the House recede from its disagreement to^flie amend
Jam es H a y ,
ment of the Senate numbered 3, and agree to the siftne with an
Jam es L. Slayden,
amendment as follows: In lieu o f the matter Exposed to be
G eo. W . P r in c e ,
inserted by said amendment insert insert the following: “ : Pro
Managers on the part of the House.
vided, That hereafter, in determining the eligUplity, under the
Provisions of the act o f Congress approved A ugust 24, 1912,
The report was agreed to.
of troop, battery, or company officers for detail as officers of the
LOAN OF TENTS.
various staff corps and departments of thQ Army, except the
Ceneral Staff Corps, service actually peylormed by any such
Mr. DU PONT submitted the following report:
officer with troops prior to December 15,jF9l2, as a regimental,
The committee of conference on the disagreeing votes of the
battalion, or squadron staff officer shall JF deemed to have been
e
duty With a battery, company, or trooms Provided farther, That two Houses on the amendments of the House to the joint reso
regimental, battalion, and squadron Quartermasters and eom- lution (S. J. Res. 143) authorizing the Secretary of War to
hdssaries shall hereafter be requireyto perform the duties of loan certain tents for use at the meeting of the Imperial Council
officers of the Quartermaster Corpsjpncluding the receipting for of the Ancient Arabic Order of the Nobles of the Mystic Shrine
ar>y money or property pertaining Jh said corps, when no officer to be held at Dallas, Tex., in May, 1913, having met, after full
° f the Quartermaster Corps is ^present for such duties, and and free conference have agreed to recommend and do recom
nothing contained iu the Arum appropriation act approved mend to their respective Houses as follows:
That the Senate recede from its disagreement to the amend
August 24, 1912, shall liereaftof be held or construed so as to
Prevent competent authority M>m requiring any officers of the ment of the House and agree to the same with an amendment
Army to act temporarily as qjftirtermasters wherever there shall as follows: Restore the matter proposed to be stricken out by
no no officers of the Quartermaster Corps and no regimental, the amendment, and, in lines 3 and 4 of the amendment, strike
battalion, or squadron qiuyptermasters or commissaries present out the words “ Confederate Veterans Association ” and in lieu
thereof insert “ United Confederate Veterans ” ; and the House
for such duty ” ; and the Senate agree to the same.
That the House recedjf from its disagreement to the amend agree to the same.
II. A . du P o n t,
ment of the Senate nuupbered 10, and agree to the same with
F. E . W arren,
nu amendment as folljpvs: At the end of the matter inserted
Jos. F . J o h n s t o n ,
»y said amendment, after the word “ seven,” insert the follow*
Managers on the part of the Senate.
fh g : “ : Provided, T jp t this shall not be so construed as to in
crease the total nuijf>er of officers now in the Regular Arm y” ;
Jam es L. S layden,
ahd the Senate a ^ e c to the same.
J. T. W a t k i n s ,
J u l iu s K a h n ,
That the Ilousorrecede from its disagreement to the amend
ment of the Sen/te numbered 23, and agree to the same with
Managers on the part of the House.
hn amendment £ s follows: In lieu of the amount proposed
said amendment insert “ $7,652,648 ” ; and the Senate agree to
The report was agreed to.
the same.
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 .
That the l^huse recede from its disagreement to the amend
The PRESIDENT pro tempore laid before the Senate the
ment o f the/Senate numbered 26, and agree to the same with
an amendment as follows: After the amount proposed in said action of the House of Representatives disagreeing to the amend
Amendment insert: “ : Provided, That of this appropriation the ments of the Senate to the bill (H. R. 28699) making appropria
Sum of $150,000 shall be spent for the construction of the neces tion for the Military Academy for the fiscal year ending June
sary officers’ quarters and other buildings required at the 30, 1914, and requesting a conference with the Senate cm the
femount/depot, Front Royal, Va.” ; and the Senate agree to the disagreeing votes of the two Houses thereon.
Mr. DU PONT. I move that the Senate insist ujxrn its amend
same. /
*
That/the House recede from its disagreement to the amend ments and agree to the conference asked for by the House, the
ment of the Senate numbered 29, and agree to the same with conferees on the part of the Senate to be appointed by the Chair.
The motion was agreed to; and the President pro tempore ap
an amendment as follows: In lieu of the amount proposed in
Said amendment insert “ $1,534,412” ; and the Senate agree to pointed Mr. d u P o n t , Mr. D i x o n , and Mr. J o h n s t o n of Alabama
conferees on the part of the Senate. _
___________________
the same.
March 1,
CONG 1 ESSIOXA L llECOR D— SEN AT E.
1
IIO.USJS B U X SEFEBKEB.
H. 1C 28GP.fr Au act to* authorize tlie construction of a bridge
across Twelve aliter Bayou in Caddo Parish, La., was read twice
by its title and referred to the Committee on Commerce.
RIVER AND
iTVfUiQK BILL.
’*** fs
" *Ni
After the conclusion of Mr. N ewlandst P speech.
The Senate resumed the consideration of the conference
report on the disagreeing votes of the two Houses upon the
amendments of the Senate to the bill (H. R. 28180) making
appropriations for the
preservation of
ptililirT— TT~*ffi rivers and harbors, and for other pur—
Mr. OWEN. Mr. President, this bill appropriates a very
"large sum, of which the citizens in Oklahoma will contribute
nearly-----Mr. LEA. Mr. President, I suggest the absence of a quorum.
The PRESIDENT pro tempore. The Senator from Tennessee
suggests the absence of a quorum. The roll will be called.
The Secretary called the roll, and the following Senators
answered to their names:
A sh u rst
B acon
B randegee
B ryan
B urton
C atron
C ham berlain
C lapp
C lark, W yo.
C larke, Ark.
( ’rane
Cullom
Cum m ins
D illingh am
D ixon
du P on t
F oster
G allin ger
Gardner
H itch cock
Johnson, Mo.
J ohnston, A la.
Jones
K a van au gh
La F ollette
Lea
L od ge
M artine, N. .T
.
N elson
N ew lands
O 'G orm an
O liver
Owen
P a ge
P ercy
P erkin s
P ittm a n
Pom erene
R ich a rd son
R oot
Sheppard
S h ively
Sim m ons
Sm ith, Ga.
Sm ith, S. C.
S m oot
S utherland
S w anson
T hom as
T h orn ton
T illm a n
T ow n sen d
W orks
The PRESIDENT pro tempore. On the call of the roll 53
Senators have answered to their names. A quorum of the
Senate is present.
Mr. OWEN. Mr. President, for five or six years the Senator
from Nevada [Mr. N e w la n d s ] has been trying to have taken
the preliminary steps by which expenditures for river and har
bor improvements might be judiciously made, under some sys
tem of government that would have an intelligent direction to
it. He has received a poor recognition for the work he has
done in bringing this matter to the attention of the Senate.
He has explained it time and again. The proposal has great
merit. When these two items were presented they were placed
upon this bill by a vote of the Senate that was unanimous, so
far as the R ecord shows, and, I believe, were acceptable to a large
majority of the Senate; but when the matter went into confer
ence the conferees of the Senate do not appear to have been able
to get even a partial recognition for the submission of these two
proposals to the House of Representatives, where, if they had
been presented, they ought to have received the majority vote
of the House and have become a part of the law of the land.
I do not intend to be put in the attitude of consuming the
time of the Senate unduly with regard to this matter. My re
marks upon it will be very brief, so that the Senate, as far as I
am concerned, may proceed, if it desires to do so, to vote upon
this conference report. But I wish to put in the R ecord, with
out reading them, the declarations of the Democratic platform,
of the Republican platform, and of the Progressive Party plat
form, showing that all three parties in this Nation have com
mitted themselves to an orderly, systematic development of the
waterways. Yet the conferees on the part of the Senate have
not insisted on the only proposal in this bill by which the public
pledges of the Republican Party, of the Progressive Party, and
of the Democratic Party might be made effective.
I do not wonder that the Senator from Nevada feels that he
has not been justly treated or fairly considered. He has a
right to object, I think, to this method of brushing aside a seri
ous proposal made by him in accordance with the Democratic
platform, in accordance with the Progressive platform, and in
accordance with the meaning of the Republican platform. Why
is it that Senators apparently pay no attention to these pledges
of party platforms?
Oklahoma contributes about a million dollars to this bill.
The taxpayers of Oklahoma will pay about a million dollars
of the money carried by it. The Committee on Commerce and
the committees of the House have ignored the fact that Okla
homa has any navigable streams. That, of course, is a small
matter. The real complaint which a representative from Okla
homa may properly make is not the local neglect; and I must not
be understood as objecting to this bill on that ground, although
the State has a stream that could easily provide 6 feet of water
from Oklahoma into tidewater. That stream is not considered.
It has not been considered, but has been ignored year after
year, and will be ignored until a new policy prevails in the
U nited States, by which the general welfare shall control these
enormous expenditures carried by the rivers and harbors bill.
As it is. the general welfare is considered in some cases. i tl
some cases it is the local welfare exclusively. The people who
comprise the tax-paying masses of the United States have
a right to complain when money is taken out of their hard labor
and is diverted by this bill to local purposes, which have n0
national interest, no national concern.
I think the proposal made by the Senator from Nevada is
one of great merit. I think it ought to be considered. 1 think
it ought to be made a part o f the law. I do not mean to pags
upon the details of it with any precision, but I am talking of tpe
spirit of it. I think we should have a system by which there
would be an intelligent direction, for national purposes and for
the general welfare, of the expenditure of the millions of dollars
which are carried by this bill.
Mr. President, I know the time is very short, and I do not
desire to be put in the attitude of attempting to defeat this bill
by making any comments upon it. There were other observa
tions I had intended to make; but I will undertake to postpone
what I was going to say until a more convenient season, when
it will not appear, at least, to be an obstruction to the con
sideration of the conference report by the Senate. Therefore I
will yield the floor.
As previously stated, I ask to have printed as part of my
remarks the declarations on this subject of the Republican plat
form, the Democratic platform, and the Progressive Party
platform.
There being no objection, the matter was ordered to be printed
in the R ecord, as follows:
'
[D e c la ra tio n s o f the p la tfo rm s o f tlie D e m o cra tic, R ep u b lica n , and
P rog ressive P a rtie s in 1912 rela tiv e to the im p rovem en t o f the
w a te rw a y s.]
DEMOCRATIC DLATFORM.
W e renew tlie d e cla ra tio n o f ou r la st p la tfo rm re la tin g to the con
serva tion o f ou r n a tio n a l resou rces and the develop m en t o f ou r w a te r
w ays.
T he p resen t d eva sta tion o f the lo w e r M ississip p i V alley
a ccen tu ates the m ovem ent fo r the re g u la tio n o f riv er flow b y a d d ition a l
levee and bank p ro te ctio n below , an d the d iversion , storag e, and con trol
o f the flood w a ters above, and th eir u tiliz a tio n fo r beneficial purposes
in the recla m ation o f arid and sw am p lands and the d evelop m ent o f
w a ter p ow er, in stea d o f p erm ittin g the floods to con tin u e, as h eretofore
agents o f d estru ction .
W e hold th a t the c o n tr o l o f the M ississip p i
R iv er is a n a tion a l problem . T he p reserva tion o f the dep th o f its w a ter
fo r the purpose o f n a v ig a tio n , the b u ild in g o f levees to m ain tain the
in te g rity o f its ch an nel and the p rev en tion o f the overflow o f the land,
and its con sequent d eva sta tion , resu ltin g in the in te rru p tio n o f inter
sta te com m erce, the d iso rg a n iza tio n o f the m ail service, and the en o r
m ous loss o f life and p rop erty, im p ose an o b lig a tio n w h ich a lone can be
d isch a rged by the General G overnm ent.
T o m ain ta in an adequate dep th o f w a ter the en tire yea r and thereby
en cou ra ge w a ter tra n s p o rta tio n is a con su m m a tion w o r th y o f legisla tive
a tten tion and presents an issue n a tion a l in its ch aracter. I t ca lls fo r
p rom p t a ctio n o n th e p a rt o f C ongress, an d the D e m o cra tic P a rty
p le d g e s its e lf to the en a ctm en t o f le g isla tio n lea din g to th a t end.
J
W e fa v o r the co o p e ra tio n o f the U nited S tates and the resp ective
S tates in plans fo r the com p rehen sive trea tm en t o f all w a te rw a y s w ith
a view o f co o rd in a tin g plan s fo r ch an nel im p rovem en t w ith plan s fo r
dra in a ge o f sw am p and overflow ed lands, and to th is end we fa v o r the
a p p ro p ria tio n b y the F ederal G overn m en t o f sufficient fu n d s to make
surveys o f such lan d s, to d evelop plan s fo r d ra in in g the sam e, and to
supervise the w ork o f co n stru ction .
W e fa v o r the a d o p tio n o f a liberal and com p rehen sive p lan fo r the
developm ent and im p rovem en t o f ou r in la n d w a te rw a y s w ith econ om y
and efficiency, so as to p erm it th eir n a v ig a tio n b y vessels o f
d ra ft.
REPUBLICAN PLATFORM.
T h e M ississip p i R iv e r is the N a tio n ’s d ra in a ge ditch .
Its flood
w aters, ga th ered fro m 31 S tates and the D om in ion o f C anada, con stitu te
an o verp ow erin g fo rce w h ich breaks the levees and p ou rs its torren ts
over m an y m illion a cres o f the rich est land in the U nion, stop p in g
m ails, im p ed ing com m erce, an d ca u sin g g re a t loss o f life and p ro p e rty
T hese floods are n a tion a l in scope, and the d isa sters they produce
seriou sly a ffect the gen eral w elfa re. T he S ta tes un aided can n o t coDe
w ith this g ia n t p r o b le m ; hen ce w e believe the F ed eral G overnm ent
sh ou ld assum e a fa ir p ro p o rtio n o f the b urden o f its co n tro l, so as to
p rev en t the d isasters fro m re cu rrin g floods.
standard
*
#
*
*
*
*
*
W e fa v o r a liberal and system a tic p o licy fo r the im p rovem en t o f our
riv e rs and harbors.
Such im p rovem en t has been m ade upon exp ert
in fo rm a tio n and a fte r a ca refu l com p a rison o f co s t and p rosp ectiv e
benefits.
PROGRESSIVE PARTY PLATFORM.
T he riv ers o f the U nited S tates are the n a tu ra l a rte rie s o f this
con tin en t.
W e dem and th a t th ey shall be opened to traffic as indis
pensable parts o f a g r e a t n a tio n -w id e system o f tra n s p o rta tio n in w hich
the P an am a C anal w ill be the cen tral link, thus en a b lin g the w hole
in te rio r o f the U nited S tates to share w ith the A tla n tic and P a cific sea
b oard s in the benefit d erived fro m the can a ls. I t is a n a tion a l ob liea
tio n to d evelop ou r rivers, and e sp ecia lly the M ississip p i an d its tribu
taries, w ith o u t d elay un der a com p rehen sive gen era l p lan co v e rin g each
riv e r system fro m its sou rce to its m outh, designed to secure its hm hest
usefulness fo r n a vig a tio n , irrig a tio n , d om estic supply, w a te r p o w e r° and
th e p rev en tion o f floods. W e pledge ou r p a rty to the* im m ediate p’repa
ra tion o f such a plan, w h ich should be m ade and ca rrie d o u t in close
and frie n d ly co o p e ra tio n betw een the N ation, the S tates, and tlie cities
a ffected. U nder such a plan the d estru ctiv e floods o f the M ississip p i
and o th e r stream s w h ich rep resen t a v a s t and needless loss to the
N a tion w ou ld be co n tro lle d b y fo re s t co n se rv a tio n and w a te r storage a t
the headw aters and b y levees below , land sufficient to su p p ort m illions
o f people w ill he reclaim ed from 1he d< -o.rts and the sw am ps, w a fe r
pow er enough to tra n sfo rm the in d u strial sta n d in gs o f w hole States
1 9 1 O.
°
COXGi; ESSIOXAL R EC'OE I)— S EX A TE.
4285
^ ben the bill referred to was before the Senate the present
Mr. BRISTOW. I move that the vote by which the amend
occupant of the chair spoke briefly against it and voted against ment was adopted be reconsidered.
it. The present occupant of the chaif has not changed his mind
The PRESIDENT pro tempore. The Senator from Kansas
in regard to the bill. For that reason he gave the Senator moves to reconsider the vote whereby the amendment in ques
fi'om Kansas [Mr. B r is t o w ] a rather unusual opportunity to tion was agreed to. [Putting the question.] The noes appear
Repeat his objection, having with great deliberation put the mo to have it.
tions that were put, and which culminated in the agreement to
Mr. BRISTOW. I ask for the yeas and nays.
file amendment.
The PRESIDENT pro tempore. The Senator from Kansas
Mr. BRISTOW. Mr. President. I desire to state further that demands the yeas and nays.
because of my attention being diverted by different Senators
Mr. BRANDEGEE. I rise to a point of order, Air. President.
Mlio came to my desk and were talking to me about the case, I
The PRESIDENT pro tempore. The Senator will state it.
did not hear the statement of the Chair and I did not know that
Air. BRANDEGEE. I want to ask the Senator from Kansas
Hie amendment had been offered. I supposed that the amend if he voted for the amendment on the ground that a motion
ment under consideration was a different amendment from the to reconsider, as I recall, must be made by a Senator who had
°ne offered as in Committee of the Whole. I do not think that voted in the affirmative? I will, however, withdraw that point.
any blame can be attached to me, for I do not think that my
The PRESIDENT pro tempore. The question is on the mo
conduct in this case has been different from that of any other tion of the Senator from Kansas to reconsider the vote by which
Senator upon the floor. When a Senator comes to my desk I the amendment was agreed to, on which he demands the yeas
1i'.v to listen to him with attention and courtesy. I did so in and nays.
lids case, and if an advantage is to be taken of a Senator in
The yeas and nays were ordered, and the Secretary proceeded
this way, I want to enter my protest. It is unusual; it is not to call the roll.
customary. Nobody would resent it more violently than would
Air. PAYNTER (when his name was called). I inquire if
Hie Senator from Virginia [Mr. S w a n s o n ] if the conditions had the senior Senator from Colorado [Air. G ug g en h eim ] has voted?
been changed; and I for one will say that I would not take ad
The PRESIDENT pro tempore. The Chair is informed that
vantage of the rules of the Senate if lie were in my position and that Senator has not voted.
1 were in his.
Air. PAYNTER. I have a general pair with that Senator
Mr. PAYNTER. Mr. President, will the Senator from Kansas and therefore withhold my vote.
The roll call was concluded.
Permit me to interrupt him?
Air. BRADLEY. I refrain from voting, being paired with
The PRESIDENT pro tempore. Does the Senator from
the junior Senator from Indiana [Air. K ern ], who is unavoid
Kansas yield to the Senator from Kentucky.
ably absent.
Mr. BRISTOW. I do.
Mr. PAYNTER. I want to make one statement which I
Mr. DU PONT. I inquire whether the senior Senator from
omitted to make when I was on the floor a moment ago, in view Texas [Air. C ulberson ] has voted?
of the fact that the attention of the Senator from Kansas was
The PRESIDENT pro tempore. The Chair is informed that
diverted from the consideration of this question, because I that Senator has not voted.
know it was by reason, in part, of my conversation with him.
Air. I)U TONT (after having voted in the negative). Such
The statement I wish to make, however, is that neither the being the case, as I have a general pair with the Senator from
Senator from Virginia [Mr. S w a n s o n ], the Senator from Florida Texas, 1 shall have to withdraw my vote.
[Mr. F letch er ], the Senator from Alabama [Mr. J o h n st o n ], or
Air. FLETCHER. I am satisfied that if the Senator from
the Senator from Delaware [Mr. nu P o n t ] or any other Mem Texas was present he would vote the same way as would the
ber of this body knew that I was going to discuss the question Senator from Delaware.
with the Senator from Kansas or to appeal to him to withdraw
Mr. DU PONT. Under that assurance, I yyill let my vote
bis point of order. The only Senator who could have known it, stand.
---T h e PRESIDENT p r o te m p o r e (A ir. G a l l in c
other than the Senator from Kansas, was the Senator from
(after havof the
Delaware, when lie approached the Senator from Kansas and iug v o te d in th e a ffir m a t iv e ). T h e p res en t
[Mr.
made the same kind of an appeal as did I. After that was done c h a ir is p a ir e d w it h th e ju n io r S e n a to r fr o m
B r y a n 1 a n d w ill t h e r e fo r e w ith h o ld h is vote.
,
Hie Senator from Delaware approached his seat, and as I left
Tlie result was announced—yeas 33, nays 33, as follows:
tile Senator from Kansas the Senator from Delaware had com
menced his address on the merits of the proposition. So the
YEAS—33.
motion which was made by the Senator from Virginia [Mr.
La Follotto
Cullom
S w a n s o n ] in the Senate was after the conclusion of the address
Cummins
Lippi tt
Lodge
Curtis
Which the Senator from Delaware made and was after I had
Dillingham
Page
left the Senator's desk. I make that statement particularly so
Penrose
Dixon
Perkins
that the Senator from Kansas will feel assured that no one
Gamble
Poindexter
Gore
Was aware of the purpose of my visit to them, except himself,
Smith, M
ich.
.T
ones
myself, and the Senator from Delaware [Mr. du P o n t }.
Smoot
Kenyon
Mr. BRISTOW. I desire to say that I do not attribute to the
NAYS—33.
Senator from Kentucky any unworthy motive at all inf coming to
Oliver
Gardner
my desk and talking to me; I never thought of such ii thing._ I Ashurst
Owen
Hitchcock
Itacon
know that he would not do that with llie purpose of-attracting Bankhead
Pittman
Johnston, Ala.
Pom
erene
Kavanaugh
Bryan
°R diverting my attention.
I
m.vau
Richardson
Lea
Mr. PAYNTER. I did not suppose the Senator hall; but in Catron
Sheppard
McCumber
view of the fact that my name was mentioned in connection
in
Smith, Ariz.
Martin, Ya.
Smith, Ga.
Marline. N. J.
With it, I felt it due me and the Senate to make this statement. Fletcher
Smith, Aid.
Newlands
Foster
Mr. SWANSON. I simply want to say that, so far
NOT VOTING—29.
concerned, I have as high respect for the rights of St
Myers
Shively
Fall
Properly exercised, as has any Senator in this body. I
Nelson
Simmons
Gailinger
hot under the circumstances have made this motion wit hot
O'Gorman
Sutherland
Gronna
Overman
effort to notify the Senator from Kansas, and I address
Thomas
Guggenheim
Paynter
Jackson
Watson
Remarks to him; but after this bill has passed, after it has
Percy
Johnson. M
e.
submitted, is the business of the Senate to be delayed becai
R
eed
Korn
When business is proceeding in the ordinary course and publiclj
Root
McLean
find openly a Senator from Kansas was so courteous as to be
the m otion to reconsider w a s not agreed to
diverted to other matters? This matter was urgent; this mat
,
ter was before the Senate: I was entitled to his attention, and be ThiNjinendinents w ere ordered to be engrossed'air.i
read V lh ir d time.
^
e b d l to
K 1 had not gotten his attention and made this motion, in one
T h e bill
read the th ird tim e a nd paf
minute this bill would have passed without an opportunity of
doing justice to these boys. Consequently, in justice to them
LEG If
IATION BILL.
find in justice to my rights as a Senator, and in iiev\ of the fact
Air. WARREN. I wish to call up the conference report on
that I was addressing my remarks to him, althougu it appeals
be was not giving them attention, I do not feel that I should the legislative, executive, and judicial appropriation bill which
ask to have this action set aside because of a mere technical was presented some time ago, read to the Senate, printed in the
R ecord, and also as a document; but there was some objection
objection and not one to the merits of the measure itself.
The PRESIDENT pro tempore. The question is. Shall the then made to it and it went over. I now move that the report
be adopted.
amendments be engrossed and the bill read a third time?
X L I X -------- 2 70
4288
CONG BESSrONA L RECORD—SEN ATE.
E jvBk u a k y
28,
If the m who are attempting to abolish those offices on the ground
en
The PRESIDENT pro tempore. The Chair lays before the
would come here and m
an honest investigation,
Senate the conference report on a bill the title of which will be of economyonly cease this campaign ake would inaugurate one forthoy
would not
but
the
stated.
enlargement and support of these assay offices.
The S ecretary . A bill (H. It. 20880) making appropriations
I bore call attention to a part of the report of the State mine
for the legislative, executive, and judicial expenses [of the Gov inspector of Idaho.
ernment for the fiscal year ending June 30, 1014, a id for other
Idaho's output of (he vital money metal of the world has already
purposes.
aggregated $300,000,000, largely from surface placer deposits; and
while our present output is not so large as formerly, it has shown a
Mr. BORAH. Mr. President, I understand this\ conference
gradual increase for several years past, and is susceptible of a rapid
report, so far as the subject matter in which I am interested advancement in the future from our extensive and partly demonstrated
is concerned, provides an appropriation for certain assay offices primary resources of gold ore.
As an example, we have a recently discovered ore deposit tributary
until January 1, 1914.
to Boise, on which a report was made by one of the most conserva
Mr. WARREN. That is correct.
\
tive and capable authorities in the country, in which an investment
Mr. BORAH. And that there is no provision in) the bill of $2,500,000, largely for mill const ruction and development, was recom
m
ended, that proposed a milling capacity of 3,000 tons daily of ore
affirmatively abandoning these assay offices?
that shows an average of $4.40 per ton, and on which tests indicate
Mr. WARREN. The Senator is correct.
a recovery of $4 per ton, wi/h a tonnage resource that promises to
Mr. BORAH. I take it, Mr. President, that the fact that the last for years at this rate of production.
This deal has not yet barn consummated, but is likely to he por.
appropriation extends only to January 1, 1914, is to some extent
fected in the near future. This is only one of a dozen similar prospects
a notice that the hour of exception is not far away?
\
of lm gold supply which this State contains.
w
Mr. WARREN. The Senator is correct as to the intention of
Millions of dollars have been invested in Alaskan and other ore de
posits recently that average only $2 per ton by successful engineers
those who wish to abandon the offices.
\
and
supply of the world must
Mr. BORAH. Mr. President, in view of that I want tc* say a come mining capitalists^ The future goldin line to become one of the
from ore of this/dass, and Idaho is
few words in regard to these assay offices scattered through chief sources of supply; and Its. Federal assay office will stimulate
out the country, particularly the West. I think there is ;! mis this lino of development, as it saves the risk of long bullion shipments
understanding as to their usefulness, and also a misunderstand and gives immediate and satisfactory results by the Federal indorse
ment of
and amount in effect to
ing as to their expense. First, as to the expense of these r^ssay stamping its business, which are conclusive, highly appreciated l> the
the eoj^i eagle on the gold, and is
y
offices, they practically pay their own cost or the amount producer, besides keeping him in closer touch with and respect for the
Central Government.
necessary to maintain them. So far as the office which is^ lo
A great don of public money is annually spent in pure display and
cated in Boise City is concerned, and so far as I am concerned patriotic purpose by all governments, and it seems to m that it
o
as a citizen of that particular city, I would rather have) a would be \yt\ unwise policy to eliminate such branches of Federal au
thority asr these in the gold-producing regions of the Nation, as they
public park in its place than to have the assay office, speaking are a good deal more than self-sustaining if the seigniorage on tho
purely as a resident of the city. But it nevertheless is of silver bullion they separte from the gold is taken into consideration
great value to a large class of people who are engaged in de and tb ir specific purpose in assisting in the discovery and disposition
sP
veloping the mining industry of that great intermountain re of now gold and the consequent expansion of the basic credit of the
Nation is well worth tlie paltry cost of their maintenance without
gion, which mining industry has not yet been developed, as so taking into account tlicir seigniorage profits.
many people seem to assume. For instance, the State of Idaho /B u t I want to put into the R ecord now this notice;
has produced as vital money of the country, since it became a f These assay offices are practically self-sustaining. They are
.
Territory and a State, .$300,000,000, and yet it is confidently Of immense benefit to the people who are developing the grea
asserted by those who have familiarized themselves with the mountain regions of the Northwest; but they are peculiar]capacity or resourcefulness of that country that we have only beneficial to a class of people who need them because of tliei
begun to develop our mining resources. Anything which tends limited means. I want further to put into the R ecord the state
to accentuate the development of that industry or to give en meat that, believing that the maintenance of these assay office;*
couragement to men to explore the mining regions with a view is necessary to the interests of the West, I do not propose to
to finding more of the vital money of the country seems to me consent, now or later, to their abandonment.
a thing which we ought not to disregard, especially when these
TIkW are particularly beneficial to tlie man whom we know in
assay offices take care of themselves.
There is one thing about these assay offices which is of special the Wtest as the prospector.
The prospector, Mr. President, is one of the unique, one of
moment, and that is that they are particularly beneficial to
the small mine owner or the prospector, as you might say. Out the most exceptional and most worthy of all those remarkableof the 547 mines depositing in the Boise assay office during the characters who have exploited and led the way for the develop
last year 490 of them deposited less than a thousand dollars, ment of tije West. The West owes him a debt o f gratitude which
which speaks for itself and shows that the office is especially the West can never pay. Always poor, often homeless, self-re
beneficial to the man who is not prepared to ship his ore to a liant, hopeful, generous, and brave, he has been the solitary ex
distant point and pay the freight and expenses and await the plorer of dfeert and mountain fastness; the man who has un
locked from-, its imprisoned silence the countless millions of
return.
/
At the risk of detaining the Senate in what I consider a what is noAV Mie world’s wealth. He penetrates the most remote
matter of some importance, I am going to read a statement and inaccessible regions, defies hunger and storms alike, sleeps
upon the mountain side or in improvised cabins, restlessly wan
from the man in charge of the Helena (Mont.) office:
These offices are so vital to the mining industry in the West that ders and searches through 4veeks and months and years for
it is nothing short of a crime to afifilish them.
nature's hidden and hoarded treasures. Oftentimes his search
The great injury would com to the small miners, who bring their ends in poverty pint distress and failure, sometimes in success.
e
gold to these offices and within a short time receive payment for its
value. They depend upon an. Immediate return from each clean-up to Without the prospector—this poor, isolated solitary wanderer—
meet their pay rolls and purchase needed supplies. To force them to the great mining centers of tlie West would not exist. Without
send their gold a long distance, with consequent high carrying charges, his uneasy, never-tiAug efforts, millions of dollars now on their
would mean that a number of small properties which are now conducted
under decent profit would he compelled to shut down, throwing a large way to minister to tlV happiness and comfort of the race would
number of men out of employment, making a general stagnation in never have been poui\d into tlie channels of business and com
various small camps.
\
The mining development of this section of the country served hv merce.
These assay offices scattered about near tlie mining camps are
these offices is now entering upon a revival, which means a great
deal to the country if it is properly fostered and aided instead of distinctly to bis benefit \nd advantage. They encourage him to
being hampered by attacks of this nature.
The uses of these offices to the miner are best shown by the records. go forth and they enablethim without great trouble and expense
Take the assay office in this city, which has been in existence since to get the benefit of liis tPD often meager returns. Let us strike
1874. Since that time it has smelted and paid over $80,000,000 in out some other expense, sime extravagance which ministers to
gold bullion. The cost of the Government for handling this immense
sum has been a little less than three-fourths of 1 per cent, or at the rate a fad or a fancy and leavA these inducements for these hardy
explorers.
\
of about $15,000 a year.
The prospector, as evervoiY in the West knows, is being very
We have not very many governmental institutions tbat dis
rapidly deprived of his occupation, by reason of the fact that ho
close such a record.
The convenience of the local office has been of untold benefit. Eleven is practically prohibited from W in g into a large portion of the
counties in the State of Montana sent to the Helena office last month country which be has heretofore traversed; and 1104V tho last
gold bullion of the amount of $130,095.55. A very large percentage of incentive for liis activity and i r his energy is being removed
the producers of this gold bullion is composed of small miners who
bring to the office anywhere from 1 ounce to a thousand dollars, and by making it prohibitive upon biX part to ship liis ore and to get
ihey consequently would suffer the most if the office was abolished any return to justify liis generally impecunious condition.
When these small savings are melted and the value determined, the
AM ENDM ENT TO FOODVAND DRUGS ACT.
owner is at once given the cash for his gold. The cost for this service
is about $2. If he were obliged to resort to a private refinery, the ex
Mr. OLIVER submitted the following conference report:
pense would be prohibitive.
This is a matter of vital importance to the entire West, not only to
The committee of conference on t\e disagreeing votes of the
the people engaged in the industry but to the wholesale, mercantile
and manufacturing industries furnishing supplies and machinery.
tivo Houses on the amendments of the Senate to the bill (H. R.
1913
CONGRESSIONAL RECORD— SENATE.
4289
by a Member that they would have been abolished if a com
Mr. SMOOT. Before the SenaTwcasks for the yeas and nays
bination of the Representatives of Western States had not been I wish he would allow me just a moment.
made.
Mr. BORAH. Very w ell; I will withhold the request.
The PRESIDENT pro tempore. The Chair admonishes the
Mr. NEWLANDS. I suggest the absence of a quorum.
Senator that the rule does not permit a Senator to refer to
The PRESIDENT pro tempore. The Senator from Nevada
suggests the absence of a quorum. The roll will be called.
what is done in the other House.
Mr. SMOOT. I have the Record here, and I am quoting
The Secretary called llie roll, and (lie following Senators
nearly the exact language. It is a matter of history. I am answered to their names:
not referring to the action of any Member of the House. I Ashurst
Dillingham
Lodge
Shively
am stating what was really said and what can be found in the Borah
dn Pont
M
cCumber
Smith, Ga.
Bradley
Foster
Martino, N. J.
Smith, M
d.
R ecord, When it came to the House this year some of the
Braudegee
Ballinger
Myers
Smith, S. C.
smaller offices were eliminated from the bill.
Briggs
Gardner
Oliver
Smoot
Mr. BORAH. In view of the suggestion made by the Sen Bristow
Gore
Overman
Stephenson
Gronna
Page
Thomas
ator from Wyoming to the Senator from Nevada that the Burton
Clark, Wyo.
Guggenheim
Percy
Thornton
incoming administration would take care of this situation, Crane
Johnston, Ala.
Perkins
Townsend
.T
ones
Perhaps it would be better that the bill should go over* so as Crawford
Pomerene
Warren
Cullom
Kenyon
Richardson
Webb
to give them a better chance to get at it.
Cummins
Lea
Root
AVilliam
s
Mr. NEWLANDS. The Senator from Wyoming is discreetly Curtis
Lippitt
Sheppard
Works
silent upon that subject.
The PRESIDENT pro tempore. On the call of the roll 52
Mr. WARREN. I do not believe that we ought to take out
the neglect or the sins of omission or commission of one or two Senators have answered to their names. A quorum of the Sen
officials on a great many thousands of deserving employees. ate is present. The Senator from Idaho demands the yeas and
There would be caused not only trouble, but perhaps suffering. nays on agreeing to the conference report.
The yeas and nays were ordered.
Whenever there is delay in the passage of an appropriation bill
The PRESIDENT pro tempore. The Senator from Utah will
there are losses which occur, as they did last year when we had
to extend the appropriations of the preceding year by joint reso proceed.
Mr. SMOOT. Mr. President, I do not intend to occupy more
lution, covering nearly two months, and probably lost anywhere
than a few minutes. The plea that is made for the abolishment
from $150,000 to $200,000 by that delay.
Mr. NEWLANDS. Mr. President, of course we recognize the of certain assay offices is on the ground of economy. A year
responsibility that rests on the chairman of the Appropriations ago the Secretary of the Treasury asked that not only the
Committee and his unwillingness to have the bill fail simply assay offices which are to be abolished by this conference re
because an injustice is done in a single particular; but those port, but that the assay office at Seattle and the mint at San
considerations do not address themselves to the Senate at large, Francisco should be discontinued as well upon the same plea
and there is no reason why this bill should fail. Unfortunately, of economy. But to-day we find that his recommendation is
no motion can be presented approving the entire action of the different, and he now wishes that the mint at San Francisco
conferees except with reference to this matter; and in order to be maintained and that the assay office at Seattle be continued.
reach this matter we will have to disagree to the report, and The excuse given for retaining the assay office at Seattle is on
the bill will then go back to conference. The debate will show account of the gold production in Alaska.
the cause of the disagreement, and then the conferees can ad
When we stop to think, in the United States to-day there
dress themselves to this single question and can remedy the in is produced nearly $100,000,000 of gold and silver, most of the
justice done, either by striking out all of the provisions limiting same produced in the States in which are located the assay
the appropriations for these offices or by placing them all upon offices recommended to be discontinued. The Senate provided
the same plane, making the same appropriations for the Carson an appropriation of $64,000 for the maintenance of the assay
assay office and for the same period that they have made for offices that will be abolished if this conference report is adopted.
the dtlier assay offices, whose operations are extended until The receipts from these same assay offices are about one-hnlf
January of next year, while the operations of the Carson assay the amount appropriated. I do not believe the Senate desires
office will be ended in July next, thus giving the former the the interniountain States to be deprived of an assay office for
opportunity with the new Congress, Congress meeting in De the mere pittance of $30,000.
That is all that there is involved in this question, and I
cember next, to secure action which would relieve the other
assay offices without reducing any of them meanwhile to ex denounce it as false economy. Tlielr abolishment is not going
tinction, as the action of this conference report does do with to be a burden upon the man who owns a rich, well-developed
mine. It will be a burden upon the small miner and poor pros
reference to the Carson assay office.
So I urge upon the Senate to prevent this glaring injustice, pector, the man who has no capital, the pioneer in the develop
this discrimination as between the assay offices of the West, by ment of our precious-metal mining.
Mr. SMITH o f South Carolina. Mr. President-----disagreeing to this report; and if so be we will give the con
The PRESIDENT pro tempore. Does the Senator from Utah
ferees an opportunity to accomplish more regarding this par
yield to the Senator from South Carolina?
ticular matter.
Mr. SMOOT. Certainly.
So far as I am concerned, I think the Senate should take de
Mr. SMITH of South Carolina. I should like to ask the Sena
cisive action and absolutely insist upon the appropriation bill
following the law and not violating the law, and put an end tor from Utah a question. If the assay offices located in the
to this system of three or four men upon the Appropriations mining regions should be abolished, where would the prospector
Committee of the House practically coercing the action of Con have his ore assayed so as to know its value or whether it was
gress and compelling Congress itself to be a party in the viola workable?
Mr. SMOOT. He could perhaps find an assay office some
tion of existing law.
I trust, Mr. President, that the Senate will vote against the where within 100 miles or 200 miles of the place where ho is
prospecting.
motion offered.
Mr. SMITH of South Carolina. Assay offices, then, are owned
The PRESIDENT pro tempore. The question is on agreeing
by private corporations or individuals. Can the Senator state
to the conference report.
Mr. BORAH. If the Senator from Wyoming desires to ad what would he the difference in cost between an assay by a
private corporation and the assay work by the Government?*
dress the Senate-----Mr. SMOOT. The question of assaying ore is a small part of
Mr. WARREN. I had only this to say, that having done the
very best that can be done for the Senate as one of the managers the difficulty. It is the small producer of ore who will suffer.
I hope the Senate will approve of the report. I think there At present he can send his gold and silver to the assay office
is no doubt but that we could get an agreement to cut out and get his money at once, and is not compelled to send it to
more of the bill by going back; but I do not believe the Senator New York or San Francisco and wait for the return. This he is
from Nevada would ask us to do that, and I myself do not like not able to do. He has to pay his employees and live upon what
f° cut out something that I believe is deserving because I can he receives from the metals produced, and he must get his
hot get something else that is also deserving, but which we were returns as quickly as possible.
Mr. SMITH of South Carolina. Are there any charges made
Unable to retain.
by tlie Government on individuals for the assay?
I hope the report may be agreed to.
M SMOOT. There are certain charges for assay, but the
i*.
Mr. BORAH. Mr. President, I understand the question is
great advantage comes principally from the fact that the gold
simply a motion to accept the conference report.
produced by the small miner can be settled and paid for at these
The PRESIDENT pro tempore. The Senator is right.
Mr. BORAH. Upon that I ask for the yeas and nays.
j assay offices, instead of his being compelled to send it to San
f:
4290
h
7
*
i
:
i7
t
.
CONGRESSIONAL RECORD— SENATE.
Francisco or New York, if the conference report is adopted; or
he would have to sell it to private parties at a loss, wlio in turn
would send it to New York and make his commission.
All the expense involved in this question, as I said, is not
more than $80,000. This amount, if expended in maintaining
the assay offices, will protect the small producer of gold and
silver against the speculator who would buy it from him and
then send it to some distant assay office.
Mr. President, it does seem to me that this is of so much im
portance to the great mining industry of the intermountain
country, an industry putting millions and hundreds of millions
of dollars of gold and silver into circulation, the very life blood
of commerce, that the expenditure of a few thousand dollars
should not be considered. It will have the effect of retarding
the growth of that industry. 1 do not believe that the Congress
of the United States fully comprehends it or they would not
hesitate to appropriate the paltry sum of $30,000 to develop and
encourage this great industry.
As the Senator from Nevada says, we are appropriating from
fifteen to sixteen million dollars toward the education of the
people along agricultural lines. I would not care if it was twice
the amount. This is for a similar purpose, for the development
of the great mining industry that has added so much to the
wealth of this country.
I certa-inly trust the Senate will send this conference report
hack and see if the conferees on the part of the House will not
recede from the disagreement of the House to this amendment,
so that wo shall have these offices retained.
[Mr. ASHURST addressed the Senate. See Appendix.]
Mr, OVERMAN. Mr. President, as a member of the confer
ence committee I think perhaps I ought to say that this was
one of the great questions that divided the conferees two years
ago. The conferees on the part of the Senate hell out until
finally it was agreed to let the assay offices remain one more
year. This year we had the fight again and we held out for
weeks and weeks. There is one of these assay offices, I will say
to the Senator, in my own State, and of course I was person
ally interested; but we could get no agreement at all unless we
made the compromise, allowing the assay offices to remain
until the 1st day of January, and then the next Congress can
take such action as it may please. The Senate can send the
bill back to the conferees if it desires to do so, but we have
been notified that the House will never agree, and the bill will
probably be lost. I do not know what the House will do.
Mr. SMITH of South Carolina. Mr. President-----The PRESIDENT pro tempore. Does the Senator from North
Carolina yield to the Senator from South Carolina?
Mr. OVERMAN. 1 yield.
Mr. SMITH of South Carolina. As this seems to be a matter
of very great importance—and I think myself it is—I should
like for the Senator from North Carolina, who is a member of
the conference committee, to explain upon what ground the
conferees on ilie part of the House seemed to oppose the reten
tion of these assay offices. It seems that the arguments that
have been made in favor of them are almost unanswerable,
and I should like to hear, if there is any Senator who can give
the information to the Senate, on what ground the House de
sires to abolish the assay offices.
Mr. OVERMAN. Their abolition is recommended by the
Superintendent of the Mint and by the Secretary of the Treas
ury, and I believe-----Mr. S M I T H of South Carolina. On what ground did the Sec
retary of the Treasury base his recommendation?
Mr. OVERMAN. On the ground that the offices do not p a y ;
that they are expensive, and that there is no need for them.
Mr. BORAH. That may be the reason assigned by the Secre
tary of the Treasury, but—-—
Mr. SMITH of South Carolina. It does not make any differ
ence what reason may be assigned; I want to know from those
who are on the ground whether the reasons that have been given
are true.
Mr. BORAH. No; they are not true. The facts can be had,
and anyone who wishes to investigate will find that the state
ments are not true. The Secretary is simply in error; that is
what I mean to say.
Mr. OVERMAN. I want to say that the conferees on the
part of the Senate stood out as long as possible to sustain the
action of the Senate, as it was their duty to do, but finally
yielded after a long struggle on this matter.
Mr. BORAH. No one is criticizing the Senate conferees.
Mr. OVERMAN. I understand the Senator is not; but I
am giving him the position of this bill as it now stands. We
were notified that the House of Representatives will never
J'Thkuaky 28,
agree. If it is desired to send the report back, I am willing to
have it sent back. As 1 have said. I am interested because one
of these assay offices is almost right at my door.
Mr. BORAH. There is no reason why the Senate should, out
of courtesy, yield when the action which has been taken is aimed
at the destruction of a great industry.
Mr. OVERMAN. It was not out of courtesy that we yielded,
but it was because we are compelled to have this great appro
priation bill passed.
Mr. BORAH. We are not compelled to have a bill any more
than the House of Representatives is compelled io have a bill,
and inasmuch as the provision so seriously affects what all
concede to be a great industry, there is no reason why we should
yield. Let those who are in error do the yielding.
Mr. NEWLANDS. Let me suggest to the Senator from
Idaho that it not only involves a great injury to that industry,
but it also involves the sacrifice o f a principle, for we have here
a clear case where the Appropriations Committee of the other
House propose to force upon the Senate, on a general appro
priation bill, a nullification of existing law now authorizing
these assay offices and providing for their operation without
accomplishing in the usual way the repeal of that law. After
this action is taken, the law authorizing the operation of these
assay offices and fixing the salaries of the officials will still
remain on the statute books. Thus, by this action, initiated in
the House of Representatives and forced upon the Senate, the
Senate being the victim of coercion, we are practically called
upon to aid the House and the Secretary of the Treasury in
nullifying existing law.
There is another thing I wish to say. This action does not
involve in any degree any of the mints. It is true that the
Carson City assay office is called a mint. That arises from the
fact that it was at one time a great mint, but. its operations
have been gradually diminished until now it is simply an assay
office, for the convenience of prospectors and small miners of
that great region. So far as the minting operations are con
cerned, they are now concentrated at San Francisco, Denver,
and Philadelphia. Whilst for a long time some of us from the
West insisted that the operation of minting be not contracted
to so small an area, yet that contention has been abandoned,
and we are now simply endeavoring to save these assay offices,’
which are as much a convenience to the great mining industries
of that region as are the agricultural experiment stations to the
farmers of the country.
Mr. POMERENE. Mr. President——
The PRESIDENT pro tempore. Does the Senator from
Nevada yield to the Senator from Ohio?
Mr. NEWLANDS. Yes.
Mr. POMERENE. Can the Senator give us an estimate as
to the additional expense which would Do incurred by the
miners of that section if these assay offices were discontinued?
Mr. NEWLANDS. No; I can not. They would be subjected
to the charges of private assayers, and it has been suggested
that they would be compelled to resort to the great smelting or
ganizations in that region and be compelled to submit to what
the smelting organizations said their ores contained, for, recol
lect, we are making a scientific inquiry here, through competent
men, as to the value of the ores of small operators. The big
men have, of course, scientific men to attend to all such matters,
but the Government is now pursuing various activities of this
kind in various ways, having to-day a Bureau of Standards
right here in Washington devoted to the question of establishing
standards, and the Government itself is looked upon-----Mr. OVERMAN. With the exception-----The PRESIDENT pro tempore. Senators will address the
Chair and get permission to interrupt. Does the Senator from
Nevada vield to the Senator from North Carolina?
Mr. NEWLANDS. Yes.
Mr. OVERMAN. I want to state that the assay offices are
not abolished.
Mr. NEWLANDS. That is what I say; they are not abol
ished, but their operations are abolished.
Mr. OVERMAN. The appropriation is made for them until
the 1st of next January. That was a compromise. Of course,
the conferees wanted to except the Carson assay office.
Mr. NEWLANDS. Let me say to the Senator that a glaring
injustice was done to the Carson assay office, miscalled a mint,
for its salaries were only continued until July next, and it will
not be until next December that we will have another oppor
tunity to act on the matter.
Mr. OVERMAN. A compromise had to be made, and the
compromise was that we would provide appropriations to the
1st of July and the 1st of January and then let Congress take
1st of July and the 1st of January and then let Congress take
are appropriated for just as they have always been except that
1913.
CONGRESSIONAL RECORD— SENATE.
we have only appropriated for them until July and to January
The PRESIDENT pro tempore. It is; but the Senator from
next.
Colorado addressed the Chair. [A pause.] The question is on
Mr. NEW LANDS. There is no appropriation whatever, if agreeing to the conference report, on which the yeas and nays
tlie Senator will permit me, made for the Carson assay office. have been ordered.
The Carson assay office appropriation was made last year and
The Secretary proceeded to call the roll.
runs only until July next, so that there is no appropriation in
Mr. CLARK o f Wyoming (when his name was called). I
this bill whatever for that office; and as to the other assay have a general pair with the senior Senator from Missouri
offices, the appropriation is made for only one-half of the year, [Mr. S t o n e ] . In the absence of that Senator I withhold my
und not for another year, and that notwithstanding the fact Vote. Otherwise I should vote “ nay.”
that the law authorizing these assay offices and providing for
The roll call having been concluded, the result was an
their operation is still on the statute books and will remain nounced—yeas .15, nays 55, as follows:
upon the statute books after their officials are discharged.
YEAS— 15.
Mr. KENYON. Mr. President-----Brandegee
Curtis
McCumber
Warren
du Pont
The PRESIDENT pro tempore. Does the Senator from Ne Burnham
Overman
Wetmore
Burton
Gallinger
Tillman
Williams
vada yield to the Senator from Iowa?
Clarke, Ark.
Johnston, Ala.
Townsend
Mr. KENYON. I thought the Senator had given up the
NAYS—55.
floor.
Dixon.
Ashurst
Myers
Sheppard
Mr. NEWLANDS. Well, I will yield the floor.
Borah
Fall
Newiands
Shively
Gardner
O’Gorman
Mr. KENYON. I rise to offer a privileged motion under Bradley
Smith, Ariz.
Gronna
Oliver
Smith, Ga.
clause G of Rule VII. I move that the Senate proceed to the Brady
Bristow
Guggenheim
Owen
Smith, S. C.
consideration of the veto message of the President of the Brown
Hitchcock
Page
Smoot
.T
ones
Paynter
United States on Senate bill No. 4043, and in connection with Bryan
Stephenson
Catron
Percy
Kenyon
Sutherland
that I call the attention of the Chair to clause G of Rule VII, Chilton
Perkins
Kern
Swanson
°R page 10.
Crawford
Lea
Pittman
Thomas
Lodge
Poindexter
Mr. WARREN. M President, we are already considering a Culberson
x*.
Thornton
Cullorn
McLean
Pomerene
Webb
Privileged question, which I hope will soon be determined.
Cummins
Martin, Va.
Richardson
Works
Mr. NEWLANDS. I will ask the Senator from Iowa whether Dillingham
Marline, N. J.
Root
he will not permit a vote now on the conference report? I
*
NOT VOTING—25.
imagine the discussion is ended, and the question is upon agree Bacon
Crane
Kavanaugh
Smith, M
d.
Bankhead
Fletcher
La Follette
ing to that report.
Smith, Mick.
Foster
Lippitt
Stone
Mr. KENYON. I will withhold the motion if there can be Bourne
Briggs
Gamble
Nelson
Watson
a vote without further debate.
Chamberlain
Gore
Penrose
Clapp
Jackson
Reed
Mr. NEWLANDS. I have no doubt there can be.
Clark, Wyo.
Johnson, M
e.
Simmons
Mr. WARREN. The yeas and nays have already been or
So the conference report was rejected.
dered.
Mr. WARREN. I move that the Senate further insist upon
Mr. JONES. I want just a minute or two.
Mr. KENYON. If (here is to be no debate, Mr. President, I its amendments and request a further conference with the
will withhold the motion temporarily, but if debate is to ensue House on the disagreeing votes, the conferees on the part of the
I will proceed.
Senate to be appointed by the Chair.
Mr. JONES. I want a minute or two on this matter. I do not
Tlie motion was agreed to; and the President pro tempore
care to pi’event the Senator from Iowa from proceeding, but I appointed Mr. W abren , Mr. W etmore , and Mr. O verman con
simply want to say that I desire to discuss this matter briefly.
ferees on the part of the Senate.
Mr. NEWLANDS. I understand, Mr. President, that the dis
INTERSTATE SHIPMENT OF LIQUORS— VETO MESSAGE.
cussion—
The PRESIDENT pro tempore. The Chair lays before the
Mr. KENYON. I insist upon my motion, if there is to be Senate the following message from the President of the United
debate.
States, which will be read :
Mr. NEWLANDS. I understand that discussion has ended
The message is as follows:
and we are ready for a vote. When the conference report is
disposed of, then, of course, the Senator from Iowa can pro To the Senate:
I return herewith, without my signature, S. 4043.
ceed.
The hill, including title and enacting clause, is as follow s:
Mr. KENYON. I will be very glad to withhold the motion,
if the Senate is ready to vote; but the Senator from Washing- An act divesting intoxicating liquors of their interstate character in
certain cases.
fen announces that he desires to discuss the matter, and hence
Be i
e a c ed,
in any
Vo are not ready for a vote, and I will ask that my motion be mannert ornby tany e t c ., That the shipment or transportation, malted,
means whatsoever, of any spirituous, vinous,
Put.
fermented, dr other intoxicating liquor of any kind, from one State,
Mr. NEWLANDS. I supposed that the Senator from Wash Territory, or District of the United States, or place noncontiguous to.
subject to tlie iurisdiction thereof, into any other State, Territory,
ington desired to speak upon the question which the Senator butDistrict of the United States, or place noncontiguous to, but subject
or
to the jurisdiction thereof, or from any foreign country into any State,
fr°m Iowa desires to bring up.
Territory, or District of the United States, or
noncontiguous to,
Mr. KENYON. Mr. President. I will withhold my motion but subject to the jurisdiction thereof, which place spirituous, vinous,
said
Until the conclusion of the remarks of the Senator from Wash malted, ‘ fermented, or other intoxicating liquor is intended by any
person interested therein, to be received, possessed, sold, or in any
ington.
manner used,
in the original
Mr. JONES. Mr. President, I merely want a minute or two, of any law ofeither State, Territory,package, or otherwise, in violation
such
or District of the United States,
nnd I will not delay the matter further. I desire to say that or place noncontiguous to, but subject to the jurisdiction thereof, is
file assay office in my State is cared for in this bill, but I have hereby prohibited.
dot lost my interest in the other assay offices throughout that
After giving this proposed enactment full consideration, I
Sreat section of the country, and I think the conference report believe it to be a violation of the interstate commerce clause
Mould be disagreed to.
of the Constitution, in that it is in substance and effect a dele
As lias been said, these assay offices are very much to the gation by Congress to the States of tlie power of regulating
miners and prospectors what tiie agricultural experiment sta- interstate commerce in liquors which is vested exclusively in
fions are to the poor farmers, and the Senate should not adopt Congress.
.
,
„
file proposition to abolish them. The subject has never been
The most recent expression of the Supreme Court on the gen
considered by tlie committees of tlie Senate or the House bav eral subject is found in the case of the Louisville & Nashville
ins jurisdiction over the matter; it has not been referred to Railroad Co. v. F. W. Cook Brewing Co. (223 U. S., 70L This
nn.v such committee, and there has been no hill on this ques was a bill in equity to enjoin the railroad company from re
tion reported by any such committee. This simply comes here fusing to accept tlie product of the brewing company at Evans
°n an appropriation bill, and we can not escape our responsi ville, Ind., where it was located, for transportation to localbility by saying that it has been suggested by the executive de option or so-called “ dry communities ” in Kentucky.
partment. If we adopt the report, this action becomes our
In delivering the judgment of tlie Supreme Court, affirming
legislative act. and we are responsible for it. I hope the Senate the action of the circuit court in awarding tlie injunction asked,
Mill reject the conference report.
Mr. Justice Lurton said :
The PRESIDENT pro tempore. Will the Senator from Iowa
By a long line of decisions, beginning even prior to Leisy v . Hardin
Permit a vote to be taken on tbe conference report, on which (135 U. S., 100), it has been indisputably, determined :
a That beer and other intoxicating liquors are a recognized and
the yeas and nays have been ordered?
legitimate subject of interstate commerce.
Mr. THOMAS. Mr. President-----I That it is not competent for any State to forbid any common
>
Mr. LODGE. The question is on agreeing to the conference carrier to transport such articles from a consignor in one State to a
consignee in another.
report, is it not?
4292
February
CONGRESSIONAL RECORD— SENATE.
28 ,
c. That until such transportation is concluded by delivery io the
consignee, such commodities do not becom subject to State regulation,
e
restraining their sale or disposition.
The Wilson Act, which subjects such liquors to State regulation
although still in the original packages, does not apply before actual
delivery to such consignee where the shipment is interstate. Some of
the many later cases in which these matters have been so determined
and the Wilson Act construed are: Rhodes v . Iowa (170 U. S., 412) ;
Vance v . Vaiulercook Co. (170 U. S., 438) ; Heyman v . Southern Rail
way (203 U. S., 270) ; Adams Express Co. v . Kentucky (214 U. S.. 218).
Valid as the Kentucky legislation undoubtedly was as a regulation
in respect to intrastate shipments of such articles, it was most obvi-
I am quite aware that the purpose of this act is to enable the
States more completely to regulate tiny sale and use of intoxi
cating liquors in their respective jurisdictions, and that a very
large part of the good people of each />f such States is strongly
in favor of any law which will pemuit the State to do this,
and therefore that the necessity for/ maintaining the constitu
tional restrictions in such cases v/itli reference to interstate
commerce is not looked upon with popular favor in those
States. Recognizing this populaiy wish. Congress has already
gone to the extent o f subjecting jme original package in which
the liquor is imported to the la\ys of the State as soon as it is
delivered into the hands of the /onsignee. It has regulated the
commerce in liquors by forbidding, under sections 238, 239, and
(126 Ky., 563).
The obligation of the railroad company to conform to the require 240 of the Penal Code (1) delivery of intoxicating liquor to
ments of the Kentucky law, so far as that law prohibited intrastate
shipments, is clear, and to this extent its circular notification was any person other than the consignee, unless upon his written
commendable. But the duty of this company, as anMnterstate common order, or to any fictitious peuson; ( 2) the collection of the pur
carrier for hire, to receive for transportation to consignees upon its chase price of intoxicating /iquor by any common carrier act
line in Kentucky from consignors in other States any commodity which
is an ordinary subject of interstate commerce, and such, transportation ing as agent of buyer or s e /e r ; (3) the shipment of any liquor
could not be prohibited by any law of the State of such Consignee, inas unless labeled on the outside to show name of consignee, na
m
uch as any such law would be an unlawful regulation, of interstate ture of contents, and quantity contained. These restrictions
commerce not authorized by the police power of the State^
must greatly aid the S ty e authorities in their enforcement of
The Wilson Act, referred to by Judge Lurton, provides as their liquor laws.
follow s:
If Congress, howeverf may in addition entirely suspend the
That all fermented, distilled, or other intoxicating liquors or liquids operation of the interstate-commerce clause upon a lawful sub
transported into any State or Territory or remaining therein 'for use, ject of interstate commerce and turn (he regulation of inter
consumption, sale, or storage therein shall, upon arrival in such State state commerce over Ao the States in respect to it, it is difficult
or Territory, be subject to the operation and effect of the laws O such
f
State or Territory, enacted in the exercise of its police powers, tp the to see how it may Mot suspend interstate commerce in respect
same extent and in the same manner as though such liquids or liquors to every subject of/commerce wherever the police power of the
had been produced in such State or Territory, and shall not be exempt State can be exencised to hinder or obstruct that commerce.
therefrom by reason of being introduced therein in original packs
I can not think t l / t the framers of the Constitution, or that the
or otherwise.
people who adopted it, had in mind for a moment that Congress
The Supreme Court, in Rhodes v. Iowa (170 II. S., 425
could thus nullin'' the operation of a clause whose useful effect
construed this language to mean that the legislative authori
was deemed so important and which in fact has contributed so
of the respective States should attach to intoxicating liquor^
much to the solidarity of the Nation and
coming into the States by an interstate shipment, only after' has followed unhampered, nation-wide trade.the prosperity that
the consummation of the shipment, but before the sale of the
But it is said that this is a question with which the Executive
merchandise. The court held that the right of the consignee to
Members/of Congress should not burden themselves to consell before delivery was a mere incident to the shipment, and
ler or decide. It is said that it should be left to the Supreme
that it was within the power of Congress to submit the inci
urt to s /y whether this proposed act violates the Constitu
dental power to sell to the dominion of State authority.
The court declined to express an opinion as to the authority tion I dissent utterly from this proposition. The oath which
Chief' Executive takes, and which each Member of Congress
of Congress under its power to regulate commerce to delegate
to the States the right to forbid the transportation of merchan tak&s, d/es not bind him any less sacredly to observe the Con
dise from one State to another. It must be admitted, therefore, stitution than the oaths which the Justices of the Supreme Court
i is
that upon the exact point in question, to wit, (lie right of the take,A t i questionable whether the doubtful constitutionality
1 ought not to furnish a greater reason for voting against
Congress to delegate to States the power to forbid the ship of a
ment of intoxicating liquors from another State into its jurisdic- i the bff or vetoing it, than for the court to hold it to be invalid,
. ,
tion, the Supreme Court has declined to express an opinion, | V 10 0 rt will only declare a law invalid where its uncoilstitu/0 1
llit. is clear, while the lawmaker may very well hesitate
though it is difficult to read the language of the court in the case
to io t e
•a bill if o f doubtful constitutionality because of the
of Rhodes v. Iowa (170 U. S., 412) ; Vance v. Vandercook Co.
(170 U. S., 438), and of Mr. Justice Catron in the License cases { w/sdom f keeping clearly within the fundamental law. The
(5 Howard, 504, 599) quoted with approval by Mr. Justice f/is tom of legislators and executives having any legislative
Matthews in Bowman v. Railway Co. (125 U. S., 4G5, 489) |function tA remit to the courts entire and ultimate responsibility
of the burdens which local State jealousies and purposes had
in the past imposed upon it; and the interstate-commerce clause
in the Constitution was one of the chief reasons for its adoption.
The power was there conferred upon Congress. Now, if to the
discretion of Congress is committed the question whether in
interstate commerce we shall return to the old methods pre
vailing before the Constitution or not, it would seem to be con
ferring upon Congress the power to amend the Constitution by
ignoring or striking out one of its most important provisions.
It was certainly intended by that clause to secure uniformity in
the regulation of commerce between the States. To suspend
that purpose and to permit the States to exercise their old
authority before they became States, to interfere with commerce
between them and their neighbors, is to defeat the constitutional
purpose.
This conclusion is sustained in a very careful report pre
pared by the subcommittee of the Judiciary Committee of the
Senate, of which then Senator Knox was chairman. The con
clusions stated were as follow s:
the legislator* and the executives had attempted to do their
duty this buMen of popular disapproval would have been
lifted from thA courts, or at least considerably lessened.
For those reasons, and in spite of the popular approval of
this bill, I havA not felt justified in signing it, because I feel
that under prinmples o f proper constitutional construction it
violates the interstate-commerce clause of our fundamental law.
I am sustained hi the view I have taken by the judgment and
opinion of Attorney General Wickersham, which contains an
elaborate discussion of the question and considers in detail the
issues which have been raised in the congressional debates and
elsewhere.
\
T he W
\
h it e
D epartm ent
The
P r e s id e n t .
i m.
W
H ouse, February 28, 10)3.
\
of
Washington,
H . T aft.
J u s t i c e ,
F e b r u a r y 28, 1913.
S ir : I have examined w
iVh as much care as the very limited time at
my disposal would permit the bill S. 4043, entitled “An act divesting
First. Interstate shipments are not completed until they reach the intoxicating liquors of tlieie interstate character in certain cases,”
consignee.
which was passed by both Houses of Congress and presented to you on
Second. An interruption or interference with interstate shipments February 17th instant. This ))ill consists of but one section, which is
before they reach the consignee constitutes a regulation of commerce. as follows:
\
Third. Regulating interstate shipments is an exclusive function of
" B e
it
e n a c ted , etc.,
That the shipment or transportation in any
Congress.
manner or by any means whatsoever of any spirituous, vinous, malted.
Fourth. Congress can not delegate any part of its exclusive power to
the States.
Fifth. To remove the bar or impediment of exclusive Federal power
which shuts the States out of the Federal domain is to permit or sanc
tion a State law in violation of the Constitution and in effect to dele to the jurisdiction thereof, or from any foreign country into any State
gate a Federal function to the States.
Territory, or District of the United States or place noncontiguous to)
1913.
CONGRESSIONAL RECORD— SENATE
42.97
The PRESIDENT pro tempore. The Senator from Kentucky gress has the power over an inanimate article to say that it
will proceed.
shall not be transported from one State to another for the
Mr. PAYNTER. I have not the honor of a personal acquaint purpose of destroying life, for the purpose of destroying char
ance with the writer. The words used and the sentiments acter, for the purpose of violating the moral law of any State
expressed show him to have proper regard for the fundamental or the conscience of the people of any State? It is a simple
law of the land. I wish all citizens of our country, including proposition; and I insist that under the bill which we passed
Public officials, entertained the same sentiments and showed we placed on those articles the stamp of outlawry; and having
the same respect for it. I intend to vote to sustain the so stamped them we can say under what conditions they shall
President’s veto.
enter into interstate commerce or whether they shall enter into
Mr. McCUMBER. Mr. President, it is quite evident that the commerce at all.
President of the United States is not a close reader of the
I will agree with the President’s message and with those who
C o n g r e s s io n a l R ecord . Had he been such, he probably would claim that an article which is purely and simply a commercial
have discovered the real ground upon which this legislation article can not while in transit be interfered with by a State
was based and upon which it was claimed to conform to the when it enters into a State.
Constitution of the United States. I have, of course, read no
Mr. President, Dhm not unmindful of the claim that is often
word of the opinion of the Attorney General, and I do not made, that was made by the Senator from Utah [Mr. S u t h e r
know what information he conveyed to the President as to the l a n d ] in his very able argument on the other side of this ques
theory on which this legislation was claimed to meet the tion, that we could not outlaw and recognize a property right in
requirements of the interstate-commerce clause of the Con an article at^the same time; that by taxing and raising revenue
stitution. I simply know that in the message of the President upon articles we were thereby giving them a commercial char
there is not even a hint of the ground upon which we claim acter; and having given them that character, we could not at
that this legislation conforms to these provisions of the Con the same time declare that they should not be subjects of inter
state commerce.
stitution.
Mp.' President, the authority of Congress over interstate com
Mr. President, almost in the opening sentence of the message
the President refers to the fact that beer is recognized as a mence is complete and plenary in every respect. Congress may
an article, and, at the same time, may declare under what
legitimate article of commerce. That is true, Mr. President, in
reference to opium; it is also true in reference to adulterated traditions that article may enter into interstate commerce.
Congress may lay a tax upon opium and at the same time may
drugs; it is also true in reference to misbranded foods.
declare that the opium may not be shipped for a specific pur
•
But, Mr. President, the Supreme Court has held over an
pose. Congress may levy a tax upon nitroglycerine, and at the
over again that Congress, exercising its legislative author"
same time Congress may provide that that article may not enter
had the right to outlaw commodities o f that character. I f
into commerce for the purpose of blowing up structures. If
gress had a right to outlaw that which theretofore 1
Congress has the right over that kind of article, I confess I
proper subjects of interstate commerce, then Congress
fail to understand why it is divested of a like power over an
same authority to-day to declare that beer and whisky
article whose effect in common use, as an injury to the human
intoxicating liquors shall be outlawed. I f Congr
power to assert, in the first instance, the outlawry
family, is a thousandfold worse than any and all of these to
acter of produce, then Congress must have the lessor authority gether.
to allow them to enter into interstate commerce/upon certain \M r. SUTHERLAND. Mr. President-----conditions. The act itself which we passed dirf by its opera
The PRESIDENT pro tempore. Does the Senator from
tion outlaw these articles to a certain extent « i d declare that No^th Dakota yield to the Senator from Utah?
they should not have all o f the rights that ordinarily are ac
M*. McCUMBER. I do.
corded to proper subjects of interstate commerce, and it de
MrL SUTHERLAND. Does the Senator from North Dakota
clared under what conditions they might enter into commerce thinkVhat, in the absence of this legislation, a State would
and under what conditions they might notenter into commerce. have tVe right to seize a shipment of liquor the moment it
Having declared that they were not in any respect legiti crosses Yhe State line?
mate objects of commerce, then, Mr. President, they do not
Mr. McCUMBER. I do not; and there is where I made the
thereafter retain their immunity as proper subjects o f inter distinctior
Mr. SUTHERLAND. Let me ask the Senator a further ques
state commerce. The Senator from New York, whose recog
nized ability as a constitutional lawyer all will agree to, when tion. Why \ a y not the State do that?
Mr. McCUMBER. Simply because it is a recognized article
asked the question directly whether or not Congress had powmr
to prohibit interstate commerce in intoxicating liquors, was of commerce aVd is protected by the interstate commerce clause
of the Constitution, which places the matter wholly within the
necessarily compelled to answer in the affirmative.
We all agree that Congress has that power; and the only power of Congre
Mr. SUTHERLAND. In other words, if the Senator will
Question is whether that power has been exercised to any extent
in this act; whether Congress has to any extent outlawed the permit me to parapVase what he has said, because for the State
articles at which this law is aimed. We met the same question to do that would be V do an unconstitutional Jhing.
Mr. McCUMBER. Yes.
in enacting a pure-food law. Until that time no State could
Mr. SUTHERLAND.ylt would be to do a thing forbidden by
have prevented the importation of such food products into its
territory, nor could it have seized an article of adulterated food the Constitution.
Mr. McCUMBER. Yes\
in transit under a State law aimed at adulterated foods, but
Mr. SUTHERLAND. A\d yet the Senator from North
Congress came to the rescue o f the States and declared that in
the case of any article of food or drugs that was so labeled or Dakota takes the position t\at, although this act of the State
so mixed as would tend to deceive the people Congress had a would be absolutely void as opposed to the Constitution of the
right to outlaw that article. Congress did so, and refused such United States, the Congress of She United States may pass some
adulterated or misbranded products any rights or privileges of law which will enable the StahAdo violate the Constitution.
Mr. McCUMBER. No, Mr. PrdSddent.
interstate commerce.
Mr. SUTHERLAND. A proposition with which I utterly
Mr. President, that question has been tried and determined
since we passed this bill in what is known as the White-Slave
Mr. McCUMBER. No; the Senator makes the same error
Traffic case. In a very late case handed down by the Supreme
Court on February 24, 3913—I shall not take the time to read that he made before. Until CongressMtself has stamped the
from that decision now—the right of Congress is clearly estab article as not entitled to all rights of interstate commerce, the
lished to declare that the purchase of tickets to send a person State can not interfere with it in transit.
Mr. BORAH. Mr. President----- from one State to another, there to engage in an act which was
The PRESIDENT pro tempore. Does the Senator from North
immoral, might be prohibited and the person who furnished the
Dakota yield to the Senator from Idaho?
ticket might be punished.
Mr. McCUMBER. In just a moment I will.
Any ordinary article, Mr. President, may be shipped from
My position is that Congress has the authority to outlaw
one State to another; any individual may pass from one State
to another and Congress can not inquire into the character of the article, and having authority to outlaw the article, it can
the Individual or the article as a condition precedent to the al say under what conditions it shall enter into interstate com
lowance of that person or that article to pass from one State merce; and it can say under what conditions it will be divested
to another, but Congress has a right to say to the individual, of its commercial protection.
Mr. SUTHERLAND. Mr. President-----“ You shall not go from one State to another for the purpose of
Mr. McCUMBER. Just a moment—by this law the Congress
committing an immoral act, nor shall any person induce you to
do so or assist you in doing so.” If Congress has that power over of the United States, the Federal authority, loosens its grasp
the individual, can anyone deny for a single moment that Con upon the article and says that under the condition, the con-
4298
February
CONGRESSIONAL RECORD— SENATE.
28
dition being that- it is shipped for an unlawful purpose, it shall police powers o f the States and undertook to exempt it fronx
cease to be a subject of interstate commerce the moment it the reserved police powers of the States by declaring it to be
crosses the State line. Then, Mr. President, the moment that a subject of interstate-commerce regulation.
Mr. KERN. Mr. President, I am a believer in the right of
it ceases to be interstate commerce, the State laws, of their own
force, operate on it. Congress does not say what the State the people to govern themselves in their localities. I am, there
shall do or not do. The State laws are put into operation by fore, in svmpathy with the principles underlying this bill.
the State authority, and can only operate upon the article when When it came up for passage I was in favor of its passage. I
it is released by the Federal authority. Congress can do what have had no occasion to change my views, but we are con
fronted here this afternoon by a message from the President
the State can not do.
Mr. SUTHERLAND. I agree to that. Congress may do a of the United States, who is himself a great lawyer, and by
great many things that the States can noh d o ; but in this case, an opinion of the Attorney General of the United States, which
if this law passes and hereafter a State shall seize an intei*- we have had no opportunity to read. I am of the opinion that
state shipment of liquor the moment it has crossed the State this message and this opinion should challenge the attention
line, if an action should be brought against the State, for doing of the Members of this body, inasmuch as they challenge the
so, the State would be obliged to concede prima facie that it constitutionality of this measure. Therefore I move that the
had no power under the Constitution to do that, and then obliged further consideration of the message be postponed until to
to say that notwithstanding that it is forbidden by the Consti morrow afternoon at 2 o’clock, to the end that the opinion of
tution we have the leave and license o f Congress to violate the the Attoi-ney General may bo printed in the R ecord and that
Constitution. I do not see how it is possible to escape that con the Members o f this body may have an opportunity to read the
same.
clusion.
Mr. McCUMBER. Oh, no, Mi*. President; the State must
The PRESIDENT pro tempore. The Senator from Indiana
base its right upon being able to establish, and beyond any moves that the further consideration of the veto message of
question, that the interstate character of the article has ceased the President of the United States be postponed until 2 o’clock
when the State takes hold of it. If the State is unable to do to-morrow.
that, it has failed in its case, and the officers seizing it are liable
Mr. KENYON. I desire to make the point of order that
for damages.
under the present proceedings such a motion is not in order.
I did not intend to take any more time than merely to show,
The PRESIDENT pro tempore. The Chair is constrained
Mr. President, that the real theory under which this legislation to overrule the point of order.
was passed at the time we had it before us was apparently
Mr. KENYON. Mr. President, I am sorry that that motion „
not considered at all in this message, although it may have been has been made. I can generally agree with whatever the Sen
considered—I am not prepared to say as to that—by the At ator from Indiana pi'oposes, but this bill was passed on Tuesday
a week or so a g o; it was in the House then until the following
torney General.
Mr. WILLIAMS. Mr. President, Congress is granted by the Monday, and it has been held in the President’s office until
Constitution authority to regulate interstate commerce. It is, almost the last moment. If it goes over until to-morrow for
therefore, granted by the Constitution the power to define what consideration we might as well abandon any attempt to pass it
constitutes an interstate-commerce transaction. It is, there at this session of Congress.
fore, granted by the Constitution the power to prescribe what
I know that is not at all the purpose o f the Senator from
shall be the termination of an interstate transaction.
Indiana, but a vote to postpone consideration now is a vote to
Mr. President, I reverence the Constitution just as much as defeat this measure. I hope that no friend of the bill will be
does the President of the United States. I profess as great willing to have its consideration go over until to-morrow. It
reverence for it and I feel as great reverence for it. I be has been discussed pro and con, and every Senator, I assume,
lieved when I voted for this bill, and I believe now, that it was has his mind made up as to what he will do in regard to it.
a regulation by Congress of interstate commerce. The Senator On the motion I ask for the yeas and nays.
from Utah has just given an illustration, and asks if a State
Mr. SMOOT. I should like to ask the Senator from Indiana
of itself undertook to seize an interstate shipment whether it if he would change the hour from 2 to 12 o’clock to-morrow?
would not be a violation of the Constitution. It would be, but
Mr. KEEN. I will change it to any hour that will suit the
if the State, in pursuance of an act of Congress regulating inter convenience of Senators. I presume that then, at least, an
state commerce, undertook to seize the article and could plead in abstract of the opinion of the Attorney General will be printed
justification of its seizure an act of Congress regulating interstate in the newspapers to-morrow morning.
commerce, it would not be a violation of the Constitution. The
Mr. SMOOT. It will be printed not only in the newspapers,
only reason why it would be a violation of the Constitution for but printed in the R ecord. I believe it will be very much
a State to do the thing would be because the Constitution had better, if the motion is to prevail, to fix the hour at 12 o’clock
vested in Congress the power, and the State could exercise rather than at 2.
~
the power only when permitted by an act of Congress to exer
Mr. KERN. I am entirely willing to -change the hour,to 10
cise it.
o’clock in the morning, if it is so desired. I'liave no purpose to
Congress has just as much power to prescribe that the termi interfere in any way with the passage of the bill.
nation of an interstate transaction shall be at the State line
Mr. LODGE. Mr. President, I think the motion is not de
as it has to pi*escribe that it shall cease at the consignee’s door. batable.
The only reason the Supreme Court ever held otherwise was
The PRESIDENT pro tempore. The question is on the mo
because Congress had not passed any act regulating interstate tion of the Senator from Indiana that the further consideration
commerce upon this subject in such a way as to give the of the veto message be postponed until to-morrow. On that
courts the i*ight so to decide.
motion the Senator from Iowa [Mr. K enyon ] has demanded the
I do not want to argue the case. I did not open my mouth yeas and nays.
when the bill was pending before the Senate; but I want to say
The j'eas and nays were ordered.
that, so far as I am concerned, I do not see how the mere acci
Mr. HITCHCOCK. I should like to inquire whether the hour
dent that the regulation of interstate commerce by the Congress is fixed at 12 o’clock or 2 o’clock?
of the United States, the exercise of a power vested in Congress
The PRESIDENT pro tempore. That is for the Senator
happening to be aidful to the States in the exercise of their from Indiana to determine.
constitutional reserved police power, makes the exercise of the
Mr. KERN. I will change the motion so as to make it 12
power vested in Congress unconstitutional or even subject to the o’clock to-morrow.
suspicion o f being unconstitutional. To my mind that should
M PERClr. Mr. President, is the motion debatable?
i*.
not be the case. I think wherever Congress in the exercise of
Mr. LODGE. No.
its power to regulate interstate commerce can exercise the power
The PRESIDENT pro tempore. The Chair is of the opinion
so as to be aidful and helpful to the States in the exercise of that it is not debatable.
their police powers, that it ought to do so, and wherever pos
Mr. PERCY. A motion to lay aside the question until 12
sible ixot exercise it so as to restrict and restrain the States in o’clock to-morrow is not debatable? Under what rule, may I
the exercise of their police powers.
ask the Senator from Massachusetts, is it not debatable?
One moi*e thought and I am done. It has seemed to me al
Mr. LODGE. I will say, on reflection, that I think the mo
ways that the decisions of the courts in the beginning upon this tion is debatable.
subject were wrong, because it has been a part of the history of
The PRESIDENT pro tempore. The Chair spoke inadvert
the English-speaking people, from the beginning of time, that ently, and will say that, in the opinion of the Chair, it is a
lotteries, games, gypsies, liquor selling, and things of that kind debatable motion.
were matters of police regulation. The original mistake made
Mr. PERCY. Mr. President, I have no desire to delay a
was when the Supreme Court took the position that liquor was vote upon this measure, and I shall vote against the motion to
not, because of the very nature of it, subject to the reserved postpone it until to-morrow. I voted against the bill on its
m m
am
CONGRESSIONAL RECORD— SENATE.
1913.
passage here because I thought it neither constitutional nor
heeded to accomplish the purpose which is sought to be accom
plished by it, and I shall vote in favor of sustaining the veto.
Liquor is not a contraband of commerce, whatever it may
Income under changed conditions of public sentiment. Until it
becomes a contraband of commerce the regulation of its trans
portation from State to State appertains exclusively to Con
gress. The States can make it a contraband of commerce or
they can at least go a long way toward that end by passing laws
making the possession or use of it a misdemeanor. In my judg
ment that is the end toward which those who favor this kind
ef legislation should direct their efforts. They would obtain
ih that way what is sought to be obtained here. They would
obtain it by laws clearly constitutional instead of by laws of at
least most doubtful constitutionality.
Without desiring to discuss the measure, those are the rea
sons which led me to vote against it and which will lead me to
vote to sustain the veto.
The PRESIDENT pro tempore. The Secretary will call the
roll.
The Secretary proceeded to call the roll.
Mr. NELSON (when his name was called). I have a general
pair with the senior Senator from Georgia [Mr. B acon], but I
understand he takes the same view of the matter that I do, and
therefore I will vote. I vote “ nay.'’
x
The roll call was concluded.
Mr. BRIGGS. I have a general pair with the senior Senator
from West Virginia [Mr. W atson]. In his absence, I withhold
my vote.
Mr. CLARK of Wyoming. I have a general pair with the
senior Senator from Missouri [Mr. Stone]. In his absence, I
withhold my vote.
The result was announced—yeas 10, nays 71, as follows:
Bradley
Foster
Hitchcock
Ashurst
Borah
Brady
Brandegec
Bristow
Brown
Bryan
Burnham
Burton
Chamberlain
<’Hilton
Clapp
Clarke, Ark.
Crane
Crawford
Culberson
Culiom
Cummins
YEAS—10.
Oliver
Kavanaugh
Pittman
Martine, N. J.
O'Gorman
Pomerene
NAYS—71.
Lea
Curtis
Dillingham
Lodge
Dixon
McCumber
McLean
du Pont
Fall
Martin, Va.
Fletcher
Myers
Nelson
Gallinger
Overman
Gamble
Owen
Gardner
Page
Gore
Tenrose
Gronna
Percy
Guggenheim
Perkins
Jackson
Poindexter
Johnson. Me.
Richardson
Johnston, Ala.
Root
.T
ones
Sheppard
Kenyon
Simmons
La Follette
NOT VOTING— 14.
Nevdands
Catron
Paynter
(’lark, Wyo.
Reed
Kern
Stone
Lippitt
Shively
Smith, Ariz.
Smith, Ga.
Smith. Md.
Smith, Mich.
Smith, S. C.
Smoot
Stephenson
Sutherland
Swanson
Thomas
Thornton
Tillman
Townsend
Webb
Wetmorc
Williams
Works
Bradley
Brandegec
Catron
Crane
du Pont
Foster
Bacon
Bankhead
Bourne
NAYS—21.
Guggenheim
Percy
McLean
Perkins
Martine, N. J.
Pomcrene
O’Gorman
Richardson
Paynter
Root
Penrose
Stephenson
NOT VOTING—11.
Briggs
La Follette
Clark, Wyo.
Lippitt
Hitchcock
Reed
4299
Sutherland
Warren
Wetmorc
Stone
Watson
The PRESIDENT pro tempore. On the question. Shall the
bill pass, the objections of the President of the United States
to the contrary notwithstanding?—the yeas are 63, the nays
are 21. More than two-thirds o f the Senators present having
voted in the affirmative, the bill is passed.
amendment to food and drugs act.
Mr. OLIVER. I call up the conference report on the bill
(H. R. 22526) to amend section 8 of an act entitled “An act
for preventing the manufacture, sale, or transportation of
adulterated or misbranded or poisonous or deleterious foods,
drugs, medicines, and liquors, and for regulating traffic therein,
and for other purposes,” approved June 13, 1906.
The PRESIDENT pro tempore. The Chair lays before the
Senate the conference on that bill. The question is, Shall the
conference report be agreed to?
Mr. OLIVER. The Senator from Ohio [Mr. Pomerene]
wishes to be heard on the conference report.
Mr. POMERENE. Mr. President, I said a moment ago
when this matter was temporarily before the Senate that I
was not able to agree with the conference report. In the year
1906 the pure-food act was passed. The purpose of that law
was to insure purity of food and drugs and to prevent short
weight. One of those sections defined the offense o f misbrand
ing. Among the acts which were to be regarded as a misbrand
ing was one to this effect, that if the food or drugs were in
package form and “ the contents are stated in terms of weight
or measure, they are not plainly and correctly stated on the
outside of the package.”
As a matter of experience, it developed that in placing food
and other articles in packages it sometimes happened that there
would not be the exact weight or the exact amount. An^ effort
was made to change this law. A bill was introduced in the
House which provided, in effect, that the section which I have
just read from the law of 1906 should have added to it this
proviso:
P r o v i d e d , That reasonable variations shall be permitted and tolerances
shall be established by rules and regulations made in accordance with
the provisions of this act.
It was contended that the law, as it then stood, was so strict
that it was not possible, or at least easy, to comply with its
provisions. The bill passed the House.
Mr. OLIVER. Mr. President, if the Senator will allow me----- •
The PRESIDENT pro tempore. Does the Senator from Ohio
yield to the Senator from Pennsylvania?
Warren
Bacon
Mr. POMERENE. I do.
Watson
■Lunkhead
Mr. OLIVER. He is under a misapprehension as to the origi
B prne
'w
nal act. The original act simply provided that if packages
Briggs
were branded, the brands should bo corrected. The House bill
So Mr. Keun' s motion was rejected.
sought to remedy this by providing that all packages should be
The PRESIDENT pro tempore. The question is, Shall the branded and then followed the toleration clause.
bill pass, the objections of the President of the United States
Tlie command that all packages should be bianded is not i.i
to the contrary notwithstanding? Upon that question the roll the existing law. The purpose of amending the law was to
will be called.
make it more strict and to compel all packages to be bianded.
The Secretary proceeded to call the roll.
Then followed the toleration clause.
Mr. BRIGGS (when his name was called). I have a general
Mr. POMERENE. I read the exact words from the act itself.
pair with the senior Senator from West Virginia [Mr. W atson]. On page 3 of the act it is provided—
In his absence, I withhold my vote.
That for the purposes of this act an article shall he deem to bo
ed
Mr. CLARK of Wyoming (when his name was called). I misbranded in the case of drugs
have a general pair with the senior Senator from Missouri [Mr.
I will not stoD to read that part of the act. The part io
Stone], In the absence of that Senator. I withhold my vote.
which I wish to call attention is on page 4, in the case of food.
The roll call having been concluded, the result was an- I omit the first and second paragraphs because they are not
B ounced— yeas 63, nays 21, as fo llo w s :
pertinent to the question before the Senate. The third method
YEAS— 63.
of misbranding was as follows:
That if in package form and the contents arc stated in terms of
Sim tons
m
Kern
Curtis
Ashurst
weight or measure, they are not plainly and correctly stated on the
Borah
Brady
Bristow
Brown
Bryan
Burnham
Burton
Chamberlain
*'hilton
' Japp
Clarke, Ark.
c
lva\vford
Culberson
Culiom
Cummins
Dillingham
Dixon
Fall
Fletcher
Gallinger
Gamble
Gardner
Gore
Gronna
Jackson
Johnson, M
e.
Johnston, Ala.
Jones
Kavanaugh
Kenyon
Lea
Lodge
McCumber
Martin, Va.
Myers
Nelson
Newlands
Oliver
Overman
Owen
Page
Pittman
Poindexter
Sheppard
Shively
Smith, Ariz.
Smith, Ga.
Smith, Md.
Smith, Mich
Smith, S. C.
Smoot
Swanson
Thomas
Thornton
Tillman
Townsend
Webb
Williams
Works.
outside of the package.
It was attempted to amend tliis section and (lie proposed
amendment read as rollows:
Third. If in package form the quantity of the contents do not
plainly and conspicuously mark on the outside of the package in terms
of weight or measure or numerical airiount: P r o v i d e d , h o w e v e r , that
reasonable variations shall be permitted and tolerances shall he estab
lished by rules and regulations made in accordance with the provisions
of this act.
In the form it passed tlie House and came to the Senate the
matter was before the Committee on Manufactures, of which
4300
COXGKRESSIOXAL EECOED— SENATE.
f
> Mr. President, I may say in passing tlipt the amendment as
it was reported to the Senate by an inadvertence did not read
exactly as it had been agreed upon, in this, that it exempted
from the provisions of the act all articles1which sold at retail
,
at 6 cents or less. What the committee agreed upon was that
those articles should be exempted which sold for less than G
cents. But that Is not, perhaps, material to the question which
I am about to suggest.
As this amendment was proposed by the committee it was
adopted by the Senate, and then a conference was called and
the amendment of the Senate was disagreed to. The committee
of conference agreed to a proposition which is neither the one
adopted in the House nor the one favored by the Senate. As
they report it out o f conference now it reads as follows:
> Now, note, please, the purpose of the pure-food act in the first
instance was to secure pure food and correct weights and meas
ures. That in experience, it seems, was regarded as too exact
ing. We can recoguize the fact that in putting up cereals or
flour much of it, particularly cereals, is put up by machinery,
and it is not always possible to get the exact weight. Tlier
may be variations due to climatic conditions in the administr
tion of this law that ought in all reason to be taken care .of.
But I submit that when the consumer buys a pound package
he is entitled to a pound of weight as a matter of right, and
that when the manufacturer puts up and sells the package he
ought to sell a pound in weight.
But now it is sought to change this law so as to give to him
as a matter of right reasonable variations from the brands he
places upon his package. My contention is that while it is not
always right that he should be compelled to have/the exact
measure or the exact weight, when we allow a n / variations
from that weight it ought to be as a matter of
eranee and
not as a matter o f right.
Mr. OLIVER. Mr. President-----The PRESIDENT pro tempore. Does the Se tor from Ohio
yield to the Senator from Pennsylvania?
Mr. POMEBENE. Certainly.
Mr. OLIVER. I should like the Senator from Ohio to point
out to me where he has it as a matter of right. I can not
understand how this language can be twisted in any way ex
cept to allow reasonable variations or tolerances or exemptions
upon application to the board, which consists of the Secretary
of the Treasury, the Secretary of Commerce and Labor, and the
Secretary of Agriculture.
Mr. POMERENE. The Senator’s question anticipates my
argument somewhat. If he will bear with me just a moment, I
will point it out. The language of the original bill as it passed
the House is that “ reasonable variations shall be allowed and
tolerances shall be established.” The Senate provides that in
the judgment of the Secretary of Agriculture lie is authorized
to make rules where in his judgment exactness is not practi
cable; in other words, whether the rule should be adopted or
not, should be lodged with the Government and not with the
manufacturer.
The conference report goes even beyond the bill as it passed
the Senate. Under the provisions of this conference report it
places it within the power of the board which is designated by
the law to formulate these rules to except anything that they
see fit. This board, as I stated, is to be composed of the Secre
tary of the Treasury, the Secretary of Agriculture, and the Sec
retary of Commerce and Labor.
It was urged on behalf of the manufacturers that all pack
ages which sold at retail for 10 cents or less should be ex
cepted from the provisions of the law. It was the judgment of
the Committee on Manufactures of the Senate that that limita
tion should be made 5 cents, and we agree upon the language
that it should apply to any packages which were less than G
cents. But now note the language. Under this law, if the
conference report is adopted, first, reasonable variations shall
be permitted to the manufacturers as a matter of right, toler
ances shall be established, but, more than that, this board has
28
And tolerances and exemptions as to small packages shall be estab
lished by rules and regulations.
P r o v i d e d , h o w e v e r , That the Secretary of Agriculture is authorized
to establish rules and regulations permitting reasonable variations
where, in his judgment, exactness is impracticable, and shall keep a
record thereof: P r o v i d e d f u r t h e r , That the provisions of this para
graph shall not apply to articles in packages or containers when the
retail price of such article is G cents or less.
P r o v i d e d , h o w e v e r . That reasonable variances shall be permitted and
tolerances and exemptions as to small packages and containers shall be
established by rules and regulations made in accordance \yith the pro
visions of this act.
e b e u a k y
the right to establish any exemptions that it may see fit, because
the language reads:
the Senator from Pennsylvania [Mr. O l i v e r ] is chairman
The proviso as adopted in the House was stricken out by the
recommendation of the committee and the following language
substituted therefor:
m
E
I can understand when there is a package, for instance, of
flavors which sells for 1. 2, 3, 4, and 5 cents there should be
certain variations and there perhaps should be certain excep
tions from the general rule. It does not even limit it to 10
cents. The manufacturers would have been contented if there
had been an exception of all packages below 10 cents; but under
this language ns adopted by the conference committee they
could exempt all cereals, they could exempt all flour, if they
saw fit.
We are delegating to this commission absolutely the power to
regulate this subject. It seems to me that fundamentally
Congress is the power that should control this subject, and it
should not be .delegated except in the very narrow limit to the
commission which is provided in the pure-food act.
It seems 16 me that under these circumstances it would have
been much/wiser to have adopted the provisions in the Senate
bill w hich/ where you find that it is not practicable to insist
that a p^md package shall have every ounce or every grain
called fc/\ would leave it to the administrative department to
fix tlie/rules within the limits laid down here, and hem that
depart/uent in by certain exceptions.
pose this boa rd in its w isdom sees fit to say a 50-pound
sac-1/ o f flour m a y absorb a given am ou nt o f m oisture in a d ry
clijpate and a fu rth er am ount o f m oisture in a w et clim ate, and
tills boa rd says, “ W ell, w e w ill not m ake this apply to flour,
■ill not have it apply to crackers, w e w ill n ot have it apply
cereals.” It seem s to me that you are givin g to the boa rd a
pow er w hich w ill, o r cou ld at least, d efea t the very pu rpose o f
th e law .
Dr. Wiley appeared before the committee and made a sug
gestion which, I think, has much in it in this, that he suggested
many of these variations could be avoided if the package was
made slightly in excess of the weight branded upon the package.
Mr. President, my thought is, first, that if there are any ex
ceptions to be made under this rule Congress shall so provide
that when it comes to the administration of the law rules can
ba adopted by the department to apply to each particular article,
such as flour or cereals or crackers or what not. But I do not
believe that it is the part of wisdom for the Congress to simply
turn over absolutely to this commission the full power to con
trol n\t only the administration, but what is in fact the legisla
tion upon this subject.
I understand, of course, that I am not speaking technically,
because the department, as has been held by our Supreme Court,
have the right, under proper authority of Congress, to provide
reasonable regulations with reference to certain matters which
are in fact Administrative.
For that reason, I believe that we ought to insist upon the
amendments Adopted by the Senate. If we can not agree, I
should prefer to see this matter temporarily defeated, and let
us take it up and, see whether we can not place it in such form
as will do even a fid exact justice both to the manufacturers and
to the consumers. \This is giving, it seems to me, entire discre
tion to the commission, which we ought not to grant.
Mr. OLIVER. MrlkPresident, it seems to me that the Sen
ator from Ohio [Mr. X o s i e r e n e ] is fighting a phantom in this
case. I am free to confess that I very much prefer the bill as
it was reported to the Senate; I think it expresses the idea of
the law better than does\he bill as it came from conference;
but the conferees on the pert of the House differed with us.
There was perhaps some pride of authorship connected with it,
and the conferees on the parDof the Senate yielded to that, so
far as the language is concerned; but, in my opinion, they
accomplish the purpose of the bHl just as fully and completely
as they would have done by having the bill adopted as it came
from the Senate committee.
The original bill—and I shall b^,very brief in stating its
purpose—provided that if packages xsliould be branded, the
brands must be true and correct. Tlfiyt is the provision in a
few words.
If in package form, anil tlie contents are stated in terms of weight
or measure, they are not plainly and correctly stated on the outside of
the package.
The intent of this bill is to go further, and where goods are
sold in package form to say that they must be branded, and, of
course, they must be branded correctly; but realizing the dif
ficulty of obtaining absolutely correct or net measure in all
respects, it is provided:
That reasonable variations shall he permitted, and tolerances shall
be established by rules and regulations made iu accordance with the
provisions of this act.
1913.
CONGRESSIONAL RECORD— SENATE.
'1 lie Senate committee thought that this would be better ex
pressed by lodging the responsibility in the Secretary of Agri
culture to make rules aud regulations. So they provided:
That the Secretary of Agriculture is authorized to establish rules and
regulations permitting reasonable variations where in his judgment
exactness is impracticable, and shall keep a record thereof.
To obviate the difficulty of applying it to packages of small
value they provided:
That the provisions of this paragraph shall not apply to articles in
Packages or containers when the retail price of such article is 6 cents
or less.
It was intended to be “ less than G cents.” That is a clerical
error. The conference committee has provided simply—
T h a t reasonable variations shall be permitted, and tolerance, and also
exemptions, as to small packages shall be established by rules and
regulations made in accordance with the provisions of section 3 of this
act.
Section 3 of this act lodges the responsibility of making rules
and regulations in a board consisting of the Secretary of the
Treasury, the Secretary of Agriculture, and the Secretary of
Commerce and Labor.
43 01
by any court it would be held that we could not invest the
board constituted here or named here with the authority to ex
empt small packages. Therefore we ought not to do it. We
ought to pass a law that would accomplish the purpose that we
have in view.
I believe, and I know the Senator from Pennsylvania [Mr.
Oliver] believes, that we ought to insist upon a legislative as
certainment and declaration of the packages that are to be ex
empt from the operation of the law.
Moreover, we authorized the board to grant tolerance as
to small packages. I do not know what a “ tolerance ” is
so far as the scope or the execution of the law is concerned. I
have never been able to discover what the word “ tolerance”
means in this bill, nor do I believe there is any Senator here
who can define the word “ tolerance.” We say that the three
Secretaries may grant tolerances. What are “ tolerances” ?
Mr. O’GORMAN. Mr. President-----The PRESIDENT pro tempore. Does the Senator from Iowa
yield to the Senator from New York?
Mr. CUMMINS. I yield to the Senator from New York.
Mr. O’GORMAN. I understand that the word is used in
the sense that insubstantial variations will be tolerated or
overlooked.
Mr. CUMMINS. However, Mr. President, we have already
authorized “ reasonable variations.” That is somewhat in
definite, and yet I make no objection to that; but the pro
vision as reported by the conference is as follows—and I will
read it according to the punctuation that is found in the report
itself:
I say, Mr. President, if we can not lodge the responsibility
for such things as this in a board consisting of men of the
eminence that men must have attained to be appointed to Cabi
net positions, we are in a very bad case. I am willing to allow
Jt, and I think everybody else will be.
I have received many telegrams from people who are insistent
upon this legislation, advising me that they are satisfied with
Hie bill as it comes from the conference committee. I have just
received a telegram within a half hour from the lady who is
That reasonable variation shall be permitted—
chairman of the food committee o f the Consumers’ League, who
That is a declaration of the law, and I do not question i(s
were insistent upon having the House provisions inserted instead
Of the Senate amendment. Mrs. Lakey telegraphs as follows: propriety—
Hon. George T. Oliver,
and tolerances and also exemptions as to small packages shall be es
U n i t e d /S ta te s ,S e n a te , W a s h i n g t o n , D . C . :
Accept tolerance clause, weights measures bill, quoted in your letter
February 26.
|
tablished by rules and regulations made in accordance with the pro
visions of section 3 of this act.
I know that the Senator from Pennsylvania desires a Dill
A lice L akey , C h a ir m a n F o o d C o m m i t t e e .
In my letter to her I informed her of the provisions of the that when enacted will remedy the evils which have been shown
to exist, but I very much fear that if we enact this bill into
conference committee report,
Mr. President, I think this bill accomplishes its purpose; law we will have jumped from the frying pan into the fire.
I think our law will fail
it now ac
1 think it accomplishes the same result that was provided by complishes, and therefore even of the purposes that from Penn
I suggest to the Senator
the Senate amendment, and I hope the Senate will see fit to sylvania that he recall the report of the committee o f con
adopt the report.
ference and see if, upon further suggestion to the members
Mr. SMOOT. I ask unanimous consent that at 6 o'clock the of the conference committee from the House, they cau not
Senate take a recess until 8 o’clock this evening.
agree upon some rule or guide that can be recognized and
The PRESIDENT pro tempore. The Senator from Utah enforced.
asks unanimous consent that at G o'clock the Senate stand at
Mr. KERN and other Senators addressed the Chair.
I'eeess until 8 o’clock.
Mr. OLIVER. Mr. President, I do not like to object (o
Mr. OLIVER. In case this measure is not completed at that requests which Senators desire to make, but wc are going to
time that request will not displace it, I suppose?
take a recess at 6 o’clock. I do not know if tliei-e are other
The PRESIDENT pro tempore. The Chair thinks not.
Senators who wish to speak on the pending measure. If not,
Mr. OLIVER. 1 hope it will be completed long before G I think we are ready for a vote.
o’clock.
The PRESIDENT pro tempore. The question is on agreeing
The PRESIDENT pro tempore. In the absence of objection to the conference report. [Putting the question.]
the request of the Senator from Utah is agreed to.
Mr. POMERENE. I ask for a division.
Mr. CUMMINS. Mr. President, were it not that I am a
The PRESIDENT pro tempore. The conference report is
member of the Committee on Manufactures and feel, therefore, agreed to.
a certain responsibility for legislation of this character, I
Mr. POMERENE. Mr. President, do I understand the confer
would not detain the Senate a moment, but inasmuch as the ence report on the pending measure has been agreed to?
question has arisen I feel that it is my duty to state my opinion
The PRESIDENT pro tempore. The conference report has
with regard to the work of the conference committee.
been agreed to.
In my judgment the bill as it has been reported by the con
Mr. POMERENE. I called for a division, and immediately
ference committee would not be a valid law if it were enacted. some one else rose and addressed the Chair. I should like-----1 was not satisfied with the Senate amendment, as my asso
The PRESIDENT pro tempore. The Chair did not hear any
ciates upon the committee know. I thought it ventured very request for a division. The Chair was watching the proceed
hear at least to forbidden ground, but this proposal that we ings pretty carefully.
have before us is plainly invalid. We declare that every pack
Mr. POMERENE. I was standing right back here and called
age shall be branded with its contents in weight, measure, or for a division at once.
numerical count. Then we say that three men—eminent men,
OKANOGAN RIVER RRIDGE.
it is true— shall be authorized to exempt small packages from
the operation of the law.
Ml-. MARTIN of Virginia. From the Committee on Com
What is a “ small package” ? I do not think there is a Sen merce, I report back favorably without amendment the bill
ator here who will affirm that we have given in this proposed (S. 8575) to authorize the town of Okanogan, Wash., to con
Proviso a guide to the board that will enable them to act within struct and maintain a footbridge across the Okanogan River,
the law. There is no such thing absolutely as a “ small pack and I submit a report (No. 1335) thereon.
age.” a package may weigh one pound or it may weigh a hunMr. JONES. I ask unanimous consent for the present con
sideration of the bill just reported by the Senator from Virginia
•1red pounds, depending upon the character of its contents.
Mr. BACON. I will call the Senator’s attention, if he will [Mr. M a r t i n ] . It is a bridge bill, and I hope to get it through
hermit me, to the fact that there is a standard of smallness at tl'iis session. It is very important.
Mr. BURTON obtained the floor.
very generally recognized, to wit, as small as a piece of chalk.
Mr. POMERENE. Mr. President-----That is recognized as a standard of smallness.
The PRESIDENT pro tempore. Does the senior Senator
Mr. CUMMINS. That would be just as definite as is this;
but I am quite sure that if the matter should ever be decided from Ohio yield to his colleague?
X L IX ------271
f
(I
CONGRESSIONAL RECORD—SENATE.
4302
Febbxjaey
28,
from Connecticut had made a certain statement the matter
would be opened up. That was the matter to which I took
exception.
The PRESIDENT pro tempore. The question is upon agree
ing to the conference report.
Mr. SMITH of Georgia. Mr. President, I should like to ask
the chairman of the committee whether he thinks, in case we
disagree to this report, there is any chance o f coming anywhere
near getting a report from either the Senate committee or the
House committee?
Mr. OLIVER. Mr. President, I fear at this late date it can
not be done. I f the matter had come up a week ago I should
have immediately suggested asking for a further conference, and
insisting on our amendments. But at this time I doubt very
much if we could get an agreement that would result in any
legislation at all.
That is the way the matter stands. I prefer the bill as it was
reported to the Senate. I would rather have it; but I think
this, in other language, accomplishes the same purpose. It is a
long step in the right direction, and is legislation that is very
much needed by the public. I think we ought to adopt the con
ference report as it stands.
Mr. SMITH of Georgia. I should like to ask the Senator one
more question. Is the Department of Agriculture to determine
which of the small packages can go without the stamp?
Mr. OLIVER. In each case that is to bo done after inquiry
and investigation.
Mr. POMERENE. Mr. President, if I may interrupt the
Senator, in order to be exact, it leaves it to the discretion of the
Secretary of the Treasury, the Secretary of Agriculture, and the
Secretary of Commerce and Labor to except it.
The PRESIDENT pro tempore. The question is upon agree
ing to the conference report.
Mr. POMERENE. Upon that I ask for the yeas and nays.
The yeas and nays were ordered, and 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 ],
In his absence I withhold my vote.
The roll call was concluded.
Mr. CHILTON. I wish to inquire whether the Senator from
I llin o is [Mr. C u l l o m ] h a s v o t e d ?
The PRESIDENT pro tempore. The Chair is informed that
that Senator has not voted.
Mr. CHILTON. Then I will withhold my vote, as I have a
pair with that Senator.
Mr. WILLIAMS (after having voted in the affirmative). I
find that the Senator from Pennsylvania [Mr. P e n r o s e ] , with
whom I am paired, is absent. In ignorance of that fact I voted.
I transfer my pair to the Senator from Virginia [Mr. S w a n s o n ]
and will allow my vote to stand.
Mr. BRIGGS. I have already announced my pair with -the
Senator from West Virginia [Mr. W a t s o n ] . I transfer that
pair to the junior Senator from Rhode Island [Mr. L i p p i t t ]
and will vote. I vote “ yea.”
Mr. SMITH of Michigan. I announce my pair with the
junior Senator from Missouri [Mr. R eed ] and withhold my
vote.
Mr. CLARK of Wyoming. I transfer my pair with the Sen
ator from Missouri [Mr. S t o n e ] to the Senator from Maryland
[Mr. J a c k s o n ] and w ill vote. I vote “ yea.”
Mr. KERN (after having voted in the negative). I voted
AMENDMENT TO FOOD AND DRUGS ACT.
thinking that my pair, Senator B r a d l e y , of Kentucky, had
Mr. POMERENE. I now move to reconsider the vote upon voted. I find he has not. I transfer my pair to the Senator
the conference report on House bill 22526.
from Oklahoma [Mr. G o r e ] and will vote. I vote “ nay.”
The PRESIDENT pro tempore. The Chair will say that upon
Mr. SIMMONS. Has the Senator from Minnesota [Mr.
the statement made by the Senator from Connecticut [Mr. C l a p p ] voted?
B b a n d e g e e ] , the Chair feels at liberty to reopen the matter
The PRESIDENT pro tempore. That Senator has not voted.
and to put the question again.
Mr. SIMMONS. I transfer my general pair with the Senator
Mr. OLIVER. Mr. President, I was going to suggest that from Minnesota [Mr. C l a p p ] to the Senator from Nevada [Mr.
course, because the Chair’s attention for the moment was called N e w l a n d s ] and will permit my vote to stand.
to one side, and I heard the Senator from Ohio make the re
The result was announced—yeas 28, nays 23, as follows:
quest for a division.
YEAS—28.
The PRESIDENT pro tempore. The question is upon agree Brandegee
Fletcher
Martin, Va.
Root
ing—
Gallinger
O’Gorman
Briggs
Smith, S. C.
Mr. POMERENE. Mr. President, I fully appreciate what the Burton
Oliver
Gamble
Thornton
Johnston, Ala.
Page
Townsend
Chair is intending to do. I made the statement that I called Chamberlain
Jones
I’aynter
Clark,
Warren
for a division, and I do not like to have my word questioned in Crane Wyo.
Lodge
Perkins
Wetmoro
that kind of a way. I am not in the habit of making state Dixon
McLean
Richardson
Williams
ments in public unless I feel that I am right, at least.
NAYS— 23.
The PRESIDENT pro tempore. The Chair trusts the Senator Bacon
Gardner
Overman
Shively
does not mean to apply that to the Chair. The Chair simply Borah
Hitchcock
Owen
Simmons
Bristow
Kenyon
Pittman
Smith, Ga.
observed that he did not hear the motion.
Kern
Poindexter
Thomas
Mr. POMERENE. No; but, Mr. President, the reason given Crawford
Lea
Cummins
Pomerene
Webb
by the Chair was that because of the fact that the Senator Foster
Martino, N. J.
Sheppard
SEAMEN IN AMERICAN MERCHANT MARINE.
Mr. BURTON. I move that the Senate proceed to the con
sideration of House bill 23673.
Sir. POMERENE, Mr. KERN, and other Senators addressed
the Chair.
Mr. BRANDEGEE. I rise to a question of order.
The PRESIDENT pro tempore. The Senator will state it.
Mr. BRANDEGEE. It is this—and I make it with no hos
tility to the motion of the Senator from Ohio, but because I
think the matter presented by the junior Senator from Ohio
[Mr. P omekene] should be settled before the other matter is
taken up.
Mr. BURTON. I will give way immediately after my motion
is acted upon.
Mr. BRANDEGEE. I heard the Senator from Ohio ask for a
division on the question when the Chair ruled that the confer
ence report was accepted. I was about to ask for unanimous
consent that the matter either now or later might be-----The PRESIDENT pro tempore. The Chair will put the mo
tion made by the Senator from Ohio, and then the other matter
may be taken up.
Mr. O’GORMAN. I wish to observe, respecting the motion
tendered by the Senator from Ohio, that if it should prevail, it
would lead to a very long discussion.
The PRESIDENT pro tempore. The motion is not debatable
under the rules. The Senator from Ohio moves to take up a bill
the title of which will be stated.
The S e c r e t a r y . A bill (H. R. 23673) to abolish the involun
tary servitude imposed upon seamen in the merchant marine of
the United States while in foreign ports and the involuntary
servitude imposed upon the seamen of the merchant marine of
foreign countries while in ports of the United States, to prevent
unskilled manning of American vessels, to encourage the train
ing of boys in the American merchant marine, for the further
protection of life at sea, and to amend the laws relative to sea
men.
Mr. O’GORMAN. T withdraw my observations. They had
no relation to that bill.
The PRESIDENT pro tempore. The question is upon the
motion of the Senator from Ohio {Mr. B u r t o n ].
The motion was agreed to.
Mr. BURTON. I now yield, Mr. President. I think, in view
of the confusion here, that I had better leave to the Chair the
question of the person to whom I yield.
Mr. BORAH. Has the motion of the Senator from Ohio
prevailed ?
The PRESIDENT pro tempore. It has been agreed to.
Mr. KERN. Mr. President, I was recognized some time
ago——
Mr. BORAH. The question was never put.
The PRESIDENT pro tempore. It was stated from the
Chair; but the Chair will observe that there has been for 10
days so much confusion in the Chamber that the business of
the Senate is seriously interrupted. A Senator came to the
desk to-day, within an hour, and complained that he was in
correctly recorded. The clerks oftentimes can not hear the
responses distinctly. The Chair appeals to the Senate to be
in order. The motion will be again put. The question is upon
the motion made by the Senator from Ohio [Mr. B u r t o n ].
The motion was agreed to; and the Senate, as in Committee
of the Whole, proceeded to consider the bill.
Mr. BURTON. I yield to my colleague.
1913.
OCX GliFS,SIGN.
XAL KECOED— SENATE.
NOT VOTING—44.
La Follette
Culberson
Lippitt
Oullom
McCum
ber
Curtis
Myers
Dilingbam
Nelson
du Pont
Newlands
Fall
Penrose
Gore
Percy
Gronna
llced
Guggenheim
Smith, Arlz.
.Tackson
Smith. M
d.
Johnson, M
e.
Smith, Mich.
Kavanaugh "
4303
was rendered, as they claim to do, it seems to me they could
not better express their sympathy than by voting this amount.
It will not hurt anyone and it will, on the other hand, do a vast
deal of good.
Mr. BRISTOW. It is a matter for the Senate to decide. If
it wants to set the precedent of giving the widows of our de
ceased employees a year’s salary, that is all right, but for one
I am not in favor of treating the employee who receives $5,000
a year different from the employee who receives $1,000 or
$2,000.
The PRESIDENT pro tempore. The question is on agreeing
So the report was agreed to.
to the amendment. [Putting the question.] The noes appear
MARY CATl-ICART RANSDELL.
to have it.
Mr. BRIGGS. From the Committee to Audit and Control the
Mr. SMITH of Georgia. I ask for a division.
Contingent Expenses of the Senate, I report back Senate resolu
The PRESIDENT pro tempore. The hour of G o’clock having
tion 431, with an amendment, and I ask the attention of the arrived, under the previous order of the Senate, the Senate
-junior Senator from Indiana [Mr. K ern] to it. I ask for the will stand in recess until the hour of 8 o’clock.
present consideration of the resolution.
The Senate thereupon (at G o’clock p. m.) took a recess until
The Senate, by unanimous consent, proceeded to consider ilic S o'clock p. m.
resolution, which was read, as follows:
R e s o l v e d , That the Secretary of the Senate be, and he hereby is,
EVENING SESSION.
authorized and directed to pay out of the contingent fund of the
Senate to Mary Cathcart Ransdell, widow of Daniel M. RanadeH, late
The Senate reassembled at S o’clock p. m. on the expiration of
Sergeant at Arms of the Senate, a sum equal to 12 months salary at
Ilie rate lie was receiving by law at the time of his death, said sum the recess.
Asliursfc
Bankhead
Bourne
Bradley
Brady
Brown
Bryan
J*urnham
' ’atron
Chilton
Clapp
Clarke, Ark.
Smoot
Stephenson
Stone
Sutherland
Swanson
Tillman
Watson
Works
to be considered as including funeral expenses and all other allowances.
PRESIDENTIAL APPROVALS.
The amendment was, before the word “ months,’ to strike out
A message from the President of the United States, by Mr.
“ 12 ” and insert “ 6.”
Latta, executive clerk, announced that the President had ap
Mr. KERN. Mr. President, I hope the amendment of the proved and signed the following acts:
committee will not be adopted and that the resolution as origi
On February 28, 1913:
nally presented will be adopted.
S. 6176. An act for the relief of Gibbes Dykes; and
The resolution provided that the widow of the late Sergeant
S. 7385. An act to relinquish the claim of the United Slates ■
at Arms should be paid a year’s salary, under the same rule against the grantees, their legal representatives and assigns,
under which widows of Members of the Senate are paid a year s for timber cut on Petaca land grant.
salary. It seems to me that in these times, when we are voting
PUBLICATION OF REVOLUTIONARY WAR RECORDS.
away money by scores of millions of dollars for doubtful pur
poses, in a case of this kind, where a servant of the Senate has
The PRESIDENT pro tempore laid before the Senate the
died—a man who served the Senate faithfully for 13 years, a amendments of the House of Representatives to the bill (S.
gallant soldier, who has left a family in circumstances in which 271) to authorize the collection of the military and naval
they need this money—there ought to be no quibble about the records of the Revolutionary War, with a view to their publica
Senate generously voting to this woman a year’s salary.
tion, which were, on page 1, line 3, after “ That,” to insert
If the service had been short, as in the case of the Sergeant “ within the limits of the appropriation herein made” ; on
at Arms of the other House, who died after a few months’ serv page 2, line 1 , to strike out “ fifty ” and insert “ twenty-five ” ;
ice, it would have been different. But here is a long service. on page 2, line 2, to strike out “ ten ” and insert “ seven ” ; and
No man here ever knew a kniglitlier, gentler, sweeter character on page 2, line 3, after “Provided,” to insert “ That the afore
than that of Mr. Ransdell. it seems to me that in apprecia said sums of money shall be expended, respectively, under the
tion of this long and faithful and courteous service there ought direction of the Secretary of War and the Secretary of the Navy,
and that they shall make to Congress each year detailed state
to be no hesitation in giving his widow this amount of money.
Mr. SMITH of Georgia. I will ask the Senator if it is not ments showing how the money herein appropriated has been
true that during all this long service a very handsome salary expended and to whom: Provided further.”
Mr. DIXON. I move that the Senate concur in the amend
has been paid?
ments of the House.
Mr. KERN. Unquestionably that is true.
The motion was agreed to.
Mr BRISTOW. I desire to state that it is the practice of the
MESSAGE FROM THE HOUSE.
Senate, when an employee dies, to pay the relatives of the em
ployee six months’ salary. That rule is applied to all or the
A message from the House of Representatives, by J. C. South,
employees. I can see no reason why the same rule should not its chief clerk, announced that the House had passed the bill
apply to an employee who receives $5,000 that is applied to an (S. 271) to authorize the collection of the military and naval
employee who receives $1,000. There is no more reason for giv records of the Revolutionary War with a view to their publica
ing the widow of Col. Ransdell a year’s salary than the widow tion, with amendments, in which it requested the concurrence of
of any other employee of the Senate. I say this with as much the Senate.
respect and as great affection for Col. Ransdell as the Senator
The message also announced that the House had disagreed
from Indiana or anyone else could have. It is simply for the to the amendments of the Senate to the bill (II. R. 2S2S3) mak
Purpose of treating the employees of the Senate and the officers ing appropriations for the Department of Agriculture for (lie
of the Senate upon exactly the same basis.
fiscal year ending June 30, 1914, asks a conference with the
Mr CLARK of Wyoming. I wish to ask the Senator from Senate on the disagreeing votes of the two Houses thereon,
Kansas, whom I believe is a member of the Committee on Con and had appointed Mr. Lamb, Mr. Lever, and Mr. H augen man
tingent Expenses, whether the rule that he has stated is a uni agers at the conference on the part of the House.
versal one My recollection is that on more than one occasion
The message further announced that the House had disagreed
the Senate has paid to the widows' of employees a full year s to the amendments of the Senate to the bill (II. R. 28775) mak
salary.
,
,,
,
T„ ing appropriations for sundry civil expenses of the Government
Mr BRISTOW. There have been a few exceptions made. 11 for the fiscal year ending June 30, 1914, and for other purposes,
I remember rightly, as far as the records go—and they run asks a conference with the Senate on the disagreeing votes of
back for probably half a century—there have been five excep the two Houses thereon, and had appointed Mr. F itzgerald, Mr.
tions. I will not state that as being absolutely accurate, but it Siierley, and Mr. Cannon managers at the conference on the
is as clearly as I remember it.
.
part of the House.
Mr. KERN. I think it is true, I am so informed, that m the
SEAMEN OF ^IIE AMERICAN MERCHANT MARINE.
case of officers of the Senate a full je a r s salary has always
Mr. BURTON. I understand that the naval appropriation
beeu given.
bill is ready for consideration. I ask unanimous consent that
Mr. BRISTOW. That is not correct.
Mr. KERN. When we apply the rule of reason to these the seaman’s bill, the unfinished business, be temporarily laid
tilings it will be difficult perhaps to find a reason for anything aside.
Mr. SMOOT. Is the seaman’s bill the unfinished business
of the kind as that a year's salary should be given to the widow
of n Member. Here is an elective officer of the Senate who now ?
The PRESIDENT pro tempore. ■ It is by motion. Without
served 13 years. It is an exceptional case. It would not fur
nish a precedent for anything that would lie likelj to happen objection, that order will be made.
Mr. O’GORMAN. What is the order, Mr. President?
in a hundred years. If gentlemen appreciate this seivice as it
i
rJ
It
itfl
f :
• l
M
COX C IvESSI OX A L E ECOE D— SEX AT E.
t
4304
The PRESIDENT pro tempore. When the recess was taken
the Senate was engaged in the consideration of a resolution.
Ordinarily that would come up, but the Senator from California
[Mr. P e r k i n s ] will m o v e to take up th e naval appropriation
bill.
SUNDRY ClVir. APPROPRIATION RILL.
Mr. WARREN. I ask that the action of the House of Repre
sentatives on the sundry civil appropriation bill be laid be
fore the Senate.
The PRESIDENT pro tempore laid before the Senate the ac
tion of the House of Representatives disagreeing to the amend
ments of the Senate to the bill (H. R. 28775) making appro
priations for sundry civil expenses of the Government for the
fiscal year ending June 30, 1914, and for other purposes, and
requesting a conference with the Senate on the disagreeing
votes of the two Houses thereon.
. . .
,,
Mr WARREN. I move that the Senate insist upon its
amendment, that the request of the House 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 President pro tempore ap
pointed Mr. W a r r e n , Mr. P e r k i n s , and Mr. T i l l m a n con
ferees on the part of the Senate.
INTERSTATE SHIPMENT OF LIQUORS— VETO MESSAGE.
Mr. LA FOLLETTE. Mr. President, when the question of
passing the bill known as the Webb bill over the President's
veto was up this afternoon I was called from the Chamber and
had no opportunity to vote upon the bill.
Had I been present I should have voted to pass the bill the
President’s objections to the contrary notwithstanding.
I w a n te d to m a k e th a t e n t r y in th e R ecord , b e c a u s e it is an
im p o r ta n t m a tte r.
NAVAL APPROPRIATION HILL.
Ml’. PERKINS. I move that the Senate proceed to the con
sideration of House bill 28812, the naval appropriation bill.
The motion was agreed to, and the Senate, as in Committee
of the Whole, proceeded to consider the bill (II. R. 28812)
making appropriation for the naval service for the fiscal year
ending June 30, 1914, and for other purposes, which had been
reported from the Committee on Naval Affairs with amend
ments.
Mr. PERKINS. I ask that the formal reading of the bill be
dispensed with, that the bill be read for amendment, and that
the amendments of the committee be first considered.
The PRESIDENT pro tempore. The Senator from California
asks unanimous consent that the formal reading of the bill be
dispensed with, that the bill be read for amendment, and the
committee amendments be first considered. Is there objection?
Mr. SMITH of Georgia. Y es; I suggest that all amendments
be considered at the same time, paragraph by paragraph.
The PRESIDENT pro tempore. Objection is made, and the
bill will be considered, and amendments of the committee and
amendments from the floor will be entertained. The reading
will be proceeded with.
The Secretary proceeded to read the bill.
The first amendment of the Committee on Naval Affairs was,
under the subhead “ Pay of the Navy,” on page 2, line 5, after
the words “ Naval Academy,” to insert “ who is hereby placed
upon the same footing respecting restrictions upon allowances,
including retirement, as the senior dental surgeon now at the
Military Academy,” so as to read.’
Pay and allowances prescribed by law of officers on sea duty and
other duty ; officers on waiting orders ; officers on the retired list; clerks
to paymasters at yards and stations, general storekeepers ashore and
afloat, and receiving ships and other vessels ; two clerks to general in
spectors of the Pay Corps ; one clerk to pay officer in charge of desert
ers' rolls ; not exceeding 10 clerks to accounting officers at yards and
stations; dentist at Naval Academy who is hereby placed upon the
same footing respecting restrictions upon allowances, including retire
ment, as the senior dental surgeon now at the Military Academy.
Mr. LODGE. I desire to modify that amendment by insert
ing the word “ n ow ” after the word “ dentist,” in line 5, and in
line 8, after the word “ Academy,” the words “ who shall be
appointed by the President, by and with the advice and consent
of the Senate, and.”
Mr. BRISTOW. I should like to have the Senator explain
just what this amendment does.
Mr. LODGE. Last ’year the naval appropriation act estab
lished a corps of dental surgeons in the Navy. It was a House
provision, agreed to by the Senate, and became a law. At
Annapolis there is a dentist who has been there for many years,
who bas done the entire work which, at the Military Academy
at West Point, is performed by a dental surgeon regularly com
missioned who lias an assistant contract surgeon. He has been
doing the work of two men. It was recommended by the de
Eebeuary
28.
partment and agreed to by both committees that lie should be
retained as a dental surgeon. He could not enter before, be
cause a provision about the corps limited the age of entrance
naturally and properly to young men. This is to promote him
to the Corps of Dental Surgeons. It was so provided in the
act. That was the intention of Congress. By some interpreta
tion of the department they have managed to prevent the in
tention of Congress from being carried out and have left him,
after many years of service, without the position which Con
gress intended to confer and thought they had conferred upon
him as a mere matter of justice, after so many years of service.
Mr. BRISTOW. I understand when the bill passed the Sen
ate it provided for retirement at the age of 70. That was
changed in conference, was it not?
Mr. LODGE. It was changed to Go.
Mr. BRISTOW. Changed to Go?
Mr. LODGE. I think so—the House provision.
Mr. BRISTOW. I thought it was changed to G2.
Mr. LODGE. I am not perfectly certain.
Mr. BRISTOW. The principal objection I have to these
dental surgeons is that they are retired at an early age, and it
simply loads the retired list of the Navy with men who are
perfectly capable of attending to the kind of business they
are employed to do. I do not intend to contend against this man
being incorporated within the corps, because I think if he has
been there for years-----Mr..LODGE. For many years.
Mr/ BRISTOW. It is a very proper thing to do.
Mr. SMITH of Georgia. We can not hear the Senator from
Kansas over on this side.
Mr. BRISTOW. I was trying to find out at what age these
defftal surgeons are retired. When the Senate passed the bill
lafst year it fixed the age of retirement at 70 for the dentists in
the Navy. I think there was a radical change made in the
conference, and that is what the Senator from Massachusetts
was looking up.
Mr. LODGE. The retirement is the same as for officers of
the Medical Corps of the Navy.
Mr. BRISTOW. I can not see wliy a dentist or physician
should be retired at the age of G years and go upon retired
2
pay. I should like to move to amend by inserting* after
“Academy,” in line 8, the following:
That all dental surgeons shall he retired at the age of 70.
Mr. LODGE. I would suggest to the Senator that later in
the bill, under “ Bureau of Medicine and Surgery,” there will
be offered an amendment wbieh is being prepared by the Sen
ator from North Carolina and which is approved by the com
mittee, treating the corps generally, and his amendment will be
better there than at this point, which applies only to this one
man.
Mr. BRISTOW. All right.
The PRESIDENT pro tempore. The question is on agreeing
to the amendment of the Senator from Massachusetts to the
amendment o f the committee.
The amendment to the amendment was agreed to.
The amendment as amended was agreed to.
The next amendment was, on page 3, after line 8, to strike
o u t:
Hereafter the service of a midshipman at the United States Naval
Academy, or that of a cadet at the United States Military Academy
who may hereafter be appointed to the United States Naval Academy
or to the United States Military Academy, shall not h counted In com
o
puting for any purpose the length of service of any officer in the Navy
or in the Marine Corps.
The amendment was agreed to.
The next amendment was, on page 3, after line 15, to strike
o u t:
That so mneb of an act entitled “An act to reorganize and increase
the efficiency of the personnel of the Navy and Marine Corps,’’ ap
proved March 3, 1899, which reads as follows : “ and that all officers
including warrant officers, who have been or may be appointed to Hie
Navy from civil life shall, on the date of appointment, be credited for
computing their pay. with five years' service,” shall not apply to any
person entering the Navy from and after the passage of this act.
The amendment was agreed to.
The next amendment was, on page 4, after line 15, to insert:
That the accounting officers of the Treasury are hereby authorized
and directed to allow in the accounts of disbursing officers of the Navv
all payments heretofore made by them in accordance with orders or
regulations of the Secretary of the Navy for commutation of subsist
ence to members of the Nurse Corps of the Navy at the rate therein
specified, and that the Secretary of the Navy is 'hereby authorized in
his discretion, to hereafter allow members of the Nurse Corps of the
Navy 75 cents per diem in lieu of subsistence when subsistence in kind
is not furnished by the Government.
The amendment was agreed to.
The next amendment was, on page 5, after line 2, to insert:
That all officers of the Navy who, since the 3d dav of March,
1899, have been advanced or may hereafter be advanced in grade or
191O .
°
CONGRESSIONAL RECORD— SENATE.
4311
llio great power of his office for peace, and was instrumental
Mr. THOMAS. I desire to amend the amendment of the
hi getting the Governments at war to consummate terms of peace, committee by the amendment which I send to the desk.
he would have been powerless to have done so except for the
The PRESIDENT pro tempore. The Senator from Colorado
result of that naval engagement in which Japan’s navy prac- submits an amendment to the committee amendment, which will
tically annihilated that of Russia.
be stated.
In my opinion a large majority of our people want to see
The Secretary. On page 57, line 4, after the word “ con
this country have an adequate navy. They are proud of the structed,” it is proposed to strike out all down to and including
history of this country.
They believe the only sure way to line 13, on the same page, and in lieu thereof to insert:
protect the character and dignity of the American name is by
Gne first-class battleship, carrying as heavy armor and as powerful
maintaining a large navy. Our countrymen recall with pride armament as any vessel of its class, to have the highest practicable
radius of action, and
cost,
of
the names of Jones. Lawrence, Perry, Farragut, Dewey, and speed and greatest desirableto exceed 87,425,000 : tor o v i d e dexclusivethe
armor and armament, not
P
, That
Schley, and many other of our illustrious naval heroes, whose money for the battleship herein authorized shall not be available unless
said battleship shall be built iu a Government navy yard.
deeds make bright the pages of our country’s history.
Mr. OLIVER. That is the House provision.
Regardless of what may befall our Navy or our Nation, it
ean not obliterate those pages or diminish the pride of the
Mr. PERKINS. I ask for the reading of the paper which I
have sent to the desk.
American people in the deeds of valor of those who have
Mr. LODGE. That amendment is simply the provision of
t'ought our battles on rivers, lakes, and seas. The result of
hn.v war in which we may engage with any foreign country the House bill.
'" ill be determined by engagements at sea. We do not need a
The PRESIDENT pro tempore. It is substantially the pro
vision of the House bill. The Chair will state that the ques
lai‘ge standing army, but we need a large navy.
During my service in the House of Representatives, which tion is upon the amendment on page 57, line 4, to strike out the
degan 24 years ago, I favored suitable appropriations for our word “ one ” and to insert the word “ two.”
Mr. THOMAS. Is the amendment which I have offered in
R’avy. During that service I heard a very brilliant Member of
Ibe House oppose an appropriation for the Navy, and as an order at this time? If not, I desire to offer it later on; or, if
hrgument against it he urged that such advancements were it is in order, to have it voted on at the present time.
Mr. LODGE. I think, Mr. President, that we ought first to
being made in naval construction, that it was a waste of money
perfect the text before an amendment is offered to strike out.
to build ships, because they so soon become obsolete.
The PRESIDENT pro tempore. Yes.
The argument did not then appeal to me, nor have I since
Mr. THOMAS. I did not hear the Senator from Massa
thought well of it. If it were sound, then we should never have
a navy, for the types of ships we may build from time to time chusetts.
Mr. LODGE. I said that I thought the Senator’s motion
may become obsolete. After the Battles of Manila Bay and
►Santiago I recalled with pleasure that I had in a small way was to strike out and insert, although it is substantially the
contributed toward giving our country a sufficient navy to meet same language as the language of the House bill, and we must
the then existing emergency. Notwithstanding the views which perfect the text before a motion to strike out and insert is in
I have, I pray the time may come when universal peace may order.
Mr. THOMAS. Then this will come up later?
prevail and that the alarms of wars will not be heard in any
The PRESIDENT pro tempore. The Senator’s amendment
country; but until universal peace is promised and guaranteed
we can not neglect to maintain an adequate navy. It is an as a substitute will be in order after the text is perfected.
expensive establishment, but the cost is insignificant compared
Mr. BRANDEGEE. It is in order to submit an amendment
to the expense and calamities of war.
to a committee amendment, is it not?
The PRESIDENT pro tempore. It is.
Since I have been a Member o f this body I have voted for
Mr. BRANDEGEE. I offer the amendment which I send to
liberal appropriations for the Navy, and among my last official
acts I want to be recorded as still favoring such appropria the desk.
The PRESIDENT pro tempore. The Senator from Connecti
tions. Let us not give up the ship.
The PRESIDENT pro tempore. The question is on agreeing cut submits an amendment to the committee amendment, which
will he stated.
to the amendment reported by the committee.
The Secretary. On page 57. line 4, before the word “ firstMr. BRISTOW. I think we want a roll call on this amend
class,” it is proposed to strike out the word “ two ” and to
ment, do we not?
insert the word “ three.” [Applause in the galleries.]
Mr. LODGE. All right.
The PRESIDENT pro tempore. The Chair will admonish
The PRESIDENT pro tempore. The amendment will be
the galleries that expressions of either approval or disapproval
stated.
The S ecretary. On page 57, line 4, strike out the word are contrary to the rules of the Senate, and the Chair hopes
they will not he repeated.
" o n e ” and insert “ tw o” and strike out the word "battleship
The Secretary. And on page 54, line S, it is proposed to
and insert “ battleships,” so as to-reafhr
strike out “ $7,425,000 ” and to insert “ $11,150,000.”
That for the purpose of further increasing the NavTfKLstablislimcnt
The PRESIDENT pro tempore. The question is on the
of the United States the President is hereby authorized 'to have con
structed two first-class., battleships, carrying as heavy arntsr and as amendment of the Senator from Connecticut [Mr. B randegee]
Powerful armament' as any vessel of its class, to have the- highest to the amendment of the committee.
Practicable sp ed and greatest desirable radius of action, and to cost,
ik
Mr. BRANDEGEE. Mr. President, I wish to ask the Sen
exclusive of armor and armament, not to exceed $7,425,000.
ator in charge of the hill whether we had not agreed upon a
Mr. ASHURST. I suggest the absence of a quorum.
naval program several years ago to build two battleships each
The PRESIDENT pro tempore. The Senator from Arizona year?
suggests the absence of a quorum. The roll will be called.
Mr. PERKINS. The Senate made no declaration on the sub
The Secretary called the roll, and the following Senator.^an ject, I will say, Mr. President.
swered to their names:
Mr. BRANDEGEE. The chairman of the committee says
that no declaration was made in the Senate upon that subject.
Root
Lea
Crawford
Ashurst
Lodge
Sheppard
It may be that no declaration was made by formal vote of the
paeon
Cummins
Shively
M
cCumher
Curtis
Bankhead
Senate; but, so far as I was concerned, and I think so far as
Simmons
McLean
1lillingliam
Borah
the country was concerned, it was considered that we had
Smith, Ga.
Martine, X. J.
Fletcher
Brady
Smith, M
d.
Xelson
entered upon a program of building two battleships each year.
Foster
Brandegee
Smoot
O'Gorman
Gallinger
Bristow
Now I want to ask the chairman of the committee—if he has
Stone
Oliver
Gardner
Brown
Sutherland
the information at hand, or if it is contained iu the statement
Page
Guggenheim
Br.van
Swanson
Paynter
which he has sent to the desk, I will refrain from asking the
Hitchcock
Burton
Thomas
Penrose
Jackson
chamberlain
question-----Thornton ^
Perkins
Johnston, Ala.
Chilton
Townsend
/
The PRESIDENT pro tempore. The Chair will state to the
Pittman
Clark, Wvo.
Kenyon
C
\
Poindexter
/ •
Senator from Connecticut that the Chair had overlooked the
Clarke, Ark.
Kern
Pomerene
Crane
La I-'olIettc
fact that the Senator from California [Mr. P erk in s ] had sent a
The PRESIDENT pro tempore. Fifty-eight Senators have paper to the desk to be read. The paper will now be read.
The Secretary read as follows:
Bhswered to their names. A quorum of the Senate is present.
STATEMENT FROM THE NAVY DEPARTMENT.
Mr. PERKINS. I desire the Secretary to read a short state
F e b ru a ry 27, 1913.
rn the Navy Department, which I send to the desk, givThe President has declared that “ Until peaceful means for settling
m? tliea:easons for the construction of two battleships.
all international controversies are assured to the world, prudence and
The PRESIDENT pro tend tore. The Chair will state to the patriotism demand that the United States maintain a navy commen
.* °>iator from California that there is an amendment pending; surate with its wealth and dignity.”
.
This additional battleship is essential to our peace and prosperity. It
mit fhe document which (lie Senator from California sends to
is required if we would maintain our national prestige and is a part of
tlle desk will he read, without objectiou.
m
¥
t\\
r
f
■
Mi
foi
•-
I ’
Ml
4312
CONGRESSIONAL RECORD— SENATE
the assurance of our national integrity. Its building, rather than being
an expense to our people, should be regarded as a source of income in
that its fabrication will furnish employment for thousands of workmen
in practically all the allied trades throughout the entire country.
The command of the sea can only be attained through an adequate
navy.
A battleship requires approximately three years for its construction.
In time of actual or impending war the entire wealth of the United
States would not permit of the purchase of such a vessel in the markets
of the world.
The United States, with its wealth, its extensive coast line, the Pan
ama Canal, the Monroe doctrine, can not be the first of the great world
powers to deliberately reduce its naval strength; to do so is but to invite
disaster.
The 13-inch guns of the O r e g o n . M a s s a c h u s e t t s , and I n d ia n a , and the
12-inch guns of the I o w a , K e a r s a i g e , and K e n t u c k y are of low velocity
and short range when compared with batteries of the modern dread
nought. In a fleet action these vessels of ours would be annihilated by
the modern high-powered vessel fighting from a range that would render
them practically immune to any of our 12-inch or 13-inch shells.
By January 1. 1917. Germany will have 26 dreadnoughts in commis
sion and the United States only 15, even if two are now appropriated
for.
the Senator from Mississippi [Mr. W illiams ] to the Senator
from New Mexico [Mr. C a t r o n ].
Mr. SMITH of Michigan. I am paired with the junior Sena
tor from Missouri [Mr. R e e d ]. I transfer th.\t pair to the
Senator from Wisconsin [Mr. S t e p h e n s o n ] and Vote. I vote
“ yea.” / "
\
Tho^result was announced—yeas 21, nays 47, as fallows:
Pourne
Bradley
Brandegee
Burnham
Chamberlain
Clark, Wyo.
Ashurst
Bacon
Bankhead
Borah
The PRESIDENT pro tempore. The question is upon the Brady
amendment submitted by the Senator from Connecticut [Mr. Bristow
Brown
B r a n d e g e e ] to the committee amendment.
Bryan
Mr. BRANDEGEE. What I wanted to ask the chairman was Burton
for how many years have we fallen behind the program for two Clarke, Ark.
Crawford
first-class battleships?
Cummins
Mr. PERKINS. For one year.
Mr. BRANDEGEE. Last year we omitted to carry out that
program. So if the amendment which I have just sent to the
desk should prevail, it would make up for the deficiency of last
year.
Mr. PERKINS. The Senator from Connecticut is correct.
Mr. BRANDEGEE. That is the reason why I have offered
the amendment.
The PRESIDENT pro tempore. The question is on the
amendment to the amendment.
Mr. BRANDEGEE. I ask for the yeas and nays.
The yeas and nays were ordered.
The Secretary proceeded to call the roll, and Mr. A s iiu r s t
responded to his name.
Mr. LEA. Mr. President, I ask that the amendment to the
amendment be again stated.
The PRESIDENT pro tempore. That would be out of order,
a response having been made on the roll call.
Mr. CLARKE o f Arkansas. Mr. President, I think it is in
order at almost any time for a Senator who is present and giv
ing a fair degree of attention to inquire on a roll call what we
are going to vote on.
The PRESIDENT pro tempore. In the absence c ‘ objection,
the amendment will be again stated.
Mr. ASHURST. Mr. President, I do not object to a state
ment of the amendment to the amendment, but I had made a
response on the roll call, and I simply call attention to the fact.
The PRESIDENT pro tempore. In the absence of objection,
the amendment will bo stated.
The Secretary again stated the amendment proposed by Mr.
B randegee to the amendment of the committee.
The calling of the roll was resumed.
Mr. CPIILTON (when his name was called). I announce my
pair with the Senator from Illinois [Mr. Cullom] and refrain
from voting.
Mr. DILLINGHAM (when his name was called). In the ab
sence of the senior Senator from South Carolina [Mr. T illman ],
with whom I have a general pair, I transfer that pair to the
Senator from Rhode Island [Mr. L ippitt] and will vote. I
vote nay.”
The roll call was concluded.
Mr. FOSTER (after having voted in the negative). I wish
to inquire if the junior Senator from Wyoming [Mr. W arren]
has voted?
The PRESIDENT pro tempore. The Chair is informed that
that Senator has not voted.
Mr. FOSTER. I have a general pair with him, and therefore
withdraw my vote.
Mr. SMITH of South Carolina. I have a pair with the Sen
ator from Delaware [Mr. R ichardson], but I transfer that pair
to the Senator from Tennessee [Mr. W ebb] and vote. I vote
“ nay.”
Mr. MARTIN of Virginia. I desire to announce that the
senior Senator from Mississippi [Mr. W illiams ] is unavoidably
absent. He is paired with the senior Senator from Pennsyl
vania [Mr. Penrose].
Mr. CHILTON. I desire to announce the pair of my colleague
[Mr. W atson] with the senior Senator from New Jersey [Mr.
B riggs].
Mr. PENROSE. I want to state, in explanation of my vote—
and I want a record made of it—the transfer of my pair with
Eebeuary 28,
Briggs
Catron
Chilton
Clapp
Crane
Culberson
Cullom
YEAS—21.
Penrose
Perkins
Poindexter
Boot
Smith, Mich.
Smoot
NAYS—47.
Curtis
Kern
Dillingham
La Follette
Fletcher
Lea
MeCumber
Gardner
Gore
Martin, Va.
Hitchcock
Martine, N. J.
Jackson
Myers
Johnson, Me.
Newlands
Johnston, Ala.
O’Gorman
Jones
Page
Kavanaugh
Paynter
Pittman
Kenyon
NOT VOTING—27.
Dixon
Overman
Owen
du Pont
Percy
Fall
Foster
Reed
Gamble
Richardson
Gronna
Smith, Ariz. /
Lippitt
Stephenson/
Gallinger
Guggenheim
Bodge
McLean
Nelson
Oliver
Sutherland
Thornton
Wetmore
Pomerene
Sheppard
Shively
Simmons
Smith, Ga.
Smith, Md.
Smith, S. C.
Stone
Swanson
'Thomas
Townsend
/
TRlman
Warren
Watson
/ Webb
Williams
Works
So the amendment of Mr. B randegejs "to the committee amend
ment was rejected.
/
The PRESIDENT pro tempore: The question now is on the
amendinent proposed byjjie^om m ittee, which will be stated.
The secretary. —
OTT'page 57, fine 4, before the word “ firstclass,” it is proposed to strike out “ one ” and insert “ two.”
Mr. BRISTOWr. I ask for the yeas and nays on the amend
ment, Mr. President.
The yeas and nays were ordered, and the Secretary proceeded
to call the roll.
Mr. CHILTON (when his name was called). I again an
nounce my pair. If I were at liberty to vote, I -would vote
“ yea.”
Mr. DILLINGHAM (when his name was called). Again I
announce the transfer of my pair from the senior Senator from
South Carolina [Mr. T illman ] to the Senator from Rhode Island
[Mr. L ippitt] and will vote. I vote “ yea.”
Mr. SHEPPARD (when his name was called). My colleague,
the senior Senator from Texas, is absent on business o f the
Senate. He is paired with the Senator from Delaware [Mr.
du
Pont].
Mr. SIMMONS (when his name was called). Mr. President
I have a general pair with the junior Senator from Minnesota
[Mr. Clapp]. I therefore withhold my vote.
Mr. ASHURST (when the name of Mr. S mith of Arizona was
called). I desire to announce that my colleague is absent from
the Senate on important public business.
Mr. SMITH of South Carolina (when his name was called).
Again announcing my general pair, I transfer it to the Senator
from Tennessee [Mr. W ebb], and will vote. I vote “ nay.”
The roll call was concluded.
Mr. CHILTON. Mr. President, I am assured that my pair
if he were present, would vote as I wish tX vote, and I there
fore feel at liberty to vote upon this measum, I vote “ yea.”
The result was announced—yeas 55, nays 16Aas follow s:
Ashurst
Bankhead
Borah
Bourne
Bradley
Brady
Brandegee
Brown
Bryan
Burnham
Chamberlain
Chilton
Clark, Wyo.
Clarke, Ark.
Bacon
Bristow
Burton
Gore
YEAS— 55.
Kavanaugh
Kenyon
Lodge
McLean
Martin, Va.
Martine, N. J.
Nelson
Newlands
O’Gorman
Oliver
Page
Faynter
Penrose
Pei’cy
NAYS—16.
Johnston, Ala.
MeCumber
Kern
Myers
La Follette
Pittman
Lea
Pomerene
Crane
Crawford
Cummins
Curtis
Dillingham
Fletcher
Foster
Gallinger
Gardner
Guggenheim
Hitchcock
Jackson
Johnson, ale.
Jones
\
>
Perkins
Poindexter
Root
Sheppard
Shiith, Md.
Smith, Mich.
Smoot
Stone
Sutherland
Swfinson
Thornton
Townsend
Wetmore
Shively
Smith, Ga.
Smith, S. C.
Thomas
1913.
COXGIIESSIOAAL
NOT VOTING— 24.
Owen
du Pont
Iteed
Fall
Kicliardson
Gamble
Simmons
Oronna
Smith, Ariz.
Lippitt
Stephenson
Overman
-SENATE.
The Florida, as I have said before, cost $2,269,000 more than
the Utah.
The Jupiter cost $590,000 more than the Cyclops, which was
her sister ship.
The N e w Y o r k cost $1,463,000 more than the T ex a s.
The Cincinnati cost $770,000 more than the formal proposals
So tlie amendment of the Committee on Naval Affairs was received from a contracting yard for the construction of the
agreed to.
same ship.
Mr. BACON. Mr. President, if I may be permitted a matter
The Maine cost $780,000 more than the limit of cost inside
somewhat personal—in the way of privilege—I desire to state of which it was estimated that vessels o f that type could have
that I was unavoidably absent from the Chamber this after been contracted for.
noon when the vote was taken upon the question of the passage
Mr. O'GORMAN. May I ask where this information comes
of the bill known as the Webb bill, the objections of the Presi- from ?
'x dent notwithstanding. If I- had been present I should have
Mr. OLl\ ER. This information comes from a communica
voted “ yea.” I was paired with the Senator from Minnesota tion sent to Congressman Foss, a Member of the House, by
[Mr. Ntn.soNj ^xmd h o -voted on the assurance that I would Rear Admiral M att, the Chief Constructor of the United States
Navy, dated the 25th day of this/month.
Tote the same way he did.
Mr. O'GORMAN. Then it is authentic.
The reading of the bill was resumed.
Mr. OLIVER. I want to say that if tlie Government is going
The next amendment of the Committee on Naval Affairs was,
on page 57, line 4, after the word “ first-class,” to strike out to pay that much money for'th e purpose of having the ship
constructed in her own yards, we are, in authorizing that,
“ battleship ” and insert “ battleships.”
guilty of little less than a crime.
The amendment was agreed to.
Mr. MARTINE of New Jersey and Mr. BACON addressed the
Mr. PERKINS. I submit the following proposed amend
Chair.
ments :
The PRESIDENT prof tempore. Does the Senator yield, and
The PRESIDENT pro tempore. The amendments will be
to whom ?
/
stated.
Mr. OLIVER. I yjeld to the Senator from New Jersey, who
The S e c r e t a r y . On line 5, page 57, it is proposed to strike
out the word “ carrying” and insert “ each to carry,” so as to first rose.
Mr. MARTINE of New Jersey. I should like to ask what evi
read :
two first-class battleships, each to carry as heavy armor and as power dence the Senator has that the ships built in the navy yards are
not correspondingly better? Tlie mere fact that we have saved
ful armament as any vessel of its class.
a few dollars bn the contract system does not prove that the
The amendment was agreed to.
The S e c r e t a r y . Also, on line 8, after “ $7,425,000,” to insert product is necessarily as good. My own experience is, not as a
shipbuilder but as a builder and an employer of men and a
the word “ each,” so as to read:
purchaser of material, that in 90 per cent of the instances where
not to exceed $7,425,000 each.
I have contracted I have been swindled; and where I have
The amendment was agreed to.
built my structure by day’s work I have bad a better building,
The reading of the bill was resumed.
and generally at a price not much in excess of the contract.
The next amendment was, under the subhead “ Increase of • And, even more, if there is an excess of a few hundred thou
the Navy,” on page 57, line 9, after the word “ Provided,” to sand dollars on the side of the vessel built by the Government
strike out “ That the money for the battleship herein authorized the laborers and the mechanics have gotten the money, for, as a
shall not be available unless said battleship is built in one of rule, G per cent of the cost at least is labor rather than
O
the Government navy yards ” and insert “ That one of the bat material.
tleships herein authorized shall be built in a Government navy
Mr. OLIVER. Mr. President, in reply to that, I might ask
yard,” so as to rend:
the Senator from New Jersey what evidence he has that the
Government-built ^vessels are better than the contract-built ves
P r o v i d e d , That one of the battleships herein authorized shall be built
in a Government navy yard.
/
sels?
Mr. MARTINE \o f New Jersey. I have only my general
Mr. OLIVER. I offer an amendment to the committee amend
experience.
ment, which I will send to the desk.
Mr. OLIVER. I Will not descend to that, but I will say this:
The PRESIDENT pro tempore. The amendment to the amend
In the first place, as a matter of fact, in actual service—this
ment will be stated.
The S e c r e t a r y . In line 13, page 57, after the word yard,” has been told me, and I have no doubt It may be verified by
inquiry at the Navy Department—the Utah is infinitely superior
it is proposed to add:
in her action to the Florida. Furthermore, I will say that all
I f the estimated cost thereof is not.more than half a million dollars
of these vessels are built under Government supervision, under
above the price for which it can be built by contract.
•
strict specifications. They must stand their trials. They must
Mr. OLIVER. I should like to have the amendment read as conform in every way to the requirements of the Government.
We can only assume fJiat the contract-built ships are as good
a "'hole.
, / .
,
The PRESIDENT pro tempore. The amendment will be read as the others, aud as a matter of fact we all know that they are.
• s it would read if amended by agreeing to the amendment
a
Mr. BACON and Mr. -MARTINE of New Jersey addressed
just read.
the Chair.
\
foviso will read:
'fhe S e c r e t a r y . So that, if amended, the
Mr. OLIVER. I yield itow to the Senator from Georgia.
P r o v i d e d , That one of the battleships herein a thorized shall be built
Mr. BACON. I desire to ask the Senator if it is not true
ore that in each of those instances the Government-built vessels
in a Government navy yard if the estimated c" thereof is not m
than half a million dollars above the price fo which it can be built were built under the eiglit-hdur law as to tlie time o f labor?
y
h
contract.
Mr. OLIVER. I have no dbubt in the world that is true, Mr.
Mr. OLIVER. Mr. President, I am prfectly willing to keep
\ .
our navy yards busy—or one of tliem- -if it does not cost too President.
Mr. BACON. And as to the contract-built vessels, there were
much money. The Government has hay considerable experience
such restrictions?
In building battleships at very great ^ost to itself. As an ex noMr. OLIVER. But in these ships those restrictions will
ample the Florida and the Utah wertY sister ships. The Florida
Was built in the Brooklyn Navy Yaid, and her total cost was
$0,299,295. Her sister ship, the Utah, of exactly the same type, a iMi\ President, I am only asking that we shall not spend more
built after the same plans, and identical with her in every way, than $500,000 additional on this ship to he built in a navy yard
cost $4,030,844, a difference in favor of the contract work of I really think that is sufficient to give up for the privilege of
about $2 200 000. The New York, which was also built at the building our own ships in navy yards. If they can be built
Brooklyn Navy Yard, was a sister/ ship of the 1 ex as, The total for tlie same price, or anything approaching the same price,
contract price of the Texas was $3,830,000, The cost of the New I say it is the best plan to build them in the navy yards.
Mr. PAYNTER. Mr. President------York was $7,293,000.
,
The PRESIDENT pro tempore. Does, the Senator from Penn
That is not all. Mr. President. I will give, from the report
of the Chief Constructor of the Navy, the cost of quite a num sylvania yield to the Senator from Kentucky?
Mr.
ber of ships that were built in navy yards and the amount that ' Mr! OLIVER. I yield to the Senator from Kentucky.
PAYNTER. I desire to ask tlie Senator whether the
each one of them cost in excess of the sister ship that was built
Navy’ Department lias furnished any information upon the
by contract at the same time and after tlie same plans.
The Connecticut was built in a navy yard at a cost of $o<4,000 question of the relative value of tlie ships built by contract and
those built in the navy yards?
more than the Louisiana, which was her sister ship.
Briggs
Catron
Clapp
AniDerson
Cnllom
Pixon
Tillman
Warren
Watson
Webb
Williams
Works
CONGRESSIONAL RECORD-—SENATE.
Eebkuaky
28
Mr. OLIVER. Mr. President, the Senator's question is simply
Mr. OLIVER. Mr. President, I will say that I have no doubt
that the ships built in the navy yards are just as good as the the same question put in a different shape that the Senator from
ships built by contract. I do not claim any superiority for the Georgia asked a few moments ago. My reply is it may be that
the requirement of the law, which was passed at the last ses
one over the other.
Mr. PAYNTER. What I was trying to find out was whether sion of Congress, putting all shipyards and all Government
they were better than the others, in the opinion of the Navy work under the eight-hour restriction will so increase the cost
to the contracting shipyards that the Government can build
Department.
Mr. OLIVER. I have no official information on the subject; a ship as cheaply as they can. But if that is true, then this
but I understand that in actual practice, in this particular in amendment will not work, because I am allowing a leeway of
stance, the Utah works better than the Florida. But I will half a million dollars on each ship. In other words, if the
say, from my own experience with machinery, that that is a Government can come within half a million dollars of the pri
thing that is liable to happen. You can not tell the reason why vate party, then the Government builds the ship. If it costs
in the case of two machines, two engines, built after exactly the Government half a million dollars more than it costs the
the same plans, running side by side,, one will work easier than private party, then award it by contract, as any reasonable,
fair-minded business man would do.
the other. Sometimes it may be called a matter of luck.
Mr. O'GORMAN. Does not the Senator from Pennsylvania
Mr. PAYNTER. Unless it is on account of the importance of
keeping the navy yards going and in working condition, then, is think it advisable that this great Government should have in
there any good reason why we should pay a million or two operation at all times well-equipped and efficient shipyards?
dollars more for the same character of vessel in the case of the If so, they can only be maintained by allowing the Government
one built in the navy yard than in the case of the one we build shipyards to build at least a portion of the battleships that are
constructed.
under contract?
Mr. OLIVER. If the Senator from New York and his party
Mr. OLIVER. There is no reason whatever for favoring the
one above the other. In either case we are giving employment associates are willing to pay the piper, then let them do it.
Mr. BACON. I hope the Senator will answer that question.
to our own people; and what is the difference whether the men
are employed in a Government yard or in a private yard? I I rose to ask the same question the Senator from New York
say it is a little less than criminal to vote money away in this asked, and I desire to have it a little more direct in order
that we may apply the Senator’s reasoning to the conclusion
manner.
Mr. BACON. I will follow up my former inquiry by suggesting which he wishes us to agree with him in.
If the Government should adopt the policy finally of building
to the Senator that while there were formerly those differences
in the hours of work of laborers employed on the one part by the all its ships under the contract system, is it not true that the
Government and on the other part by the contractors, as to shipyards now equipped for the purpose of building ships must
these ships all the work must be done under the eight-hour law, be dismantled, and would not the Government in the course of
and consequently there will not be that difference which for a few years be without any shipyard capable , of building a
battleship? Does the Senator think that it is proper that the
merly existed.
Mr. OLIVER. Mr. President, I alluded a few minutes ago Government should be put in that position? Is not a necessary
to the fact that they will all be built now under the eight-hour consequence o f the abandonment of those yards finally dis
restrictions. Even with that, I am allowing in this amendment mantling them and giving them up altogether?
Mr. O’GORMAN. And put the Government at the mercy of
for an expenditure of $500,000 more on each one of these ships
to have it built in a navy yard. My idea is that as one of private shipbuilders.
Mr. OLIVER. I hope the Senator from New York will allow
these ships is to be built by contract, if the bid for that ship is
$500,000 less than the estimated cost of the ship to be built in me to answer the Senator from Georgia. The Senator from
the Government navy yard, the second ship should be built by Georgia uses the plural when the singular would answer better,
because there is only one Government yard where ships can bo
contract instead of in the navy yard.
constructed to-day, and that is the Brooklyn Navy Yard, ad
Mr. BACON rose.
joining the residence of the Senator from New York. There is
Mr. OLIVER. I yield.
Mr. BACON. I should like to inquire of the Senator if he Tio other navy yard-----can state what was the length of hours of labor in the case of • Mr. O’GORMAN. Mr. President-—
contract-built ships?
\ Mr. OLIVER. I insist on completing my sentence.
Mr. OLIVER. I assume, Mr. President, that they were built
Air. O’GORMAN. Will the Senator permit a correction? I
under the two-shift plan, which practically is 10 hours’ work an\ quite confident the Senator is not well advised as to the
capacity of the Government shipyards. I think there is a ship
for each man.
Mr. BACON. There is a difference of 20 per cent in the labor, yard in the State of Virginia that can build any one of these
not allowing-----battfvships just as well as the private concern in Pennsylvania,
Mr. OLIVER. I grant that, but I am not providing here if it Should secure one or both of these ships.
Mr. OLIVER. Mr. President, if that is the case it does not
that both these ships shall be let by contract. I am only pro
viding that if a ship can be built for half a million dollars less tally with my information. 1 understand that the Brooklyn
by contract than it can in a Government navy yard, both of Navy Y\rd is the only navy yard in the country that has the
them working under the eight-hour restriction, then I say it facilities for building these battleships.
Mr. O'GORMAN. Let me ask the Senator, did not the Mare
may be better that it should be built by contract. If Senators
will stand here and vote down this proposition I say they are Island shipyard in California build the Oregon? Did not the
Government shipyard in California build the battleship Oregon?
blind to the interest of their couutry.
Mr. OLIVER, The Oregon was built at the Union Iron
Mr. SIMMONS and Mr. O’GORMAN addressed the Chair.
Works, in San Francisco. Am I not right?
Mr. OLIVER. I yield to the Senator from North Carolina.
Mr. SIMMONS. I wish to inquire of the Senator whether he
Mr. PERKINS. That is right.
does not think if the Government should go out of the business
Mr. OLIVER. The Philadelphia Navy Yard is a mere repair
of shipbuilding, in that event the cost of building ships by shop. The Brooklyn Navy Yard could be kept busy from one
private contract would be much greater than it is now?
year's end to the other in repairs and in dock-yard work. It is
Mr. OLIVER. No. There can not be more than two ships not necessary to\illow these navy yards to fall into disuse. It
built in any one year, and with a half dozen big shipyards here, is not necessary t\ build ships in them. They could be used to
the competition is stronger and fiercer in that line of industry the limit for repairs. I think I am within the limit in saying
than in any other of the great industries of the country of that there is not a jingle navy yard from one end of the coun
which I have any knowledge. The Senator will certainly "con try to the other in which a battleship can be built, except the
fess that these figures show it is not owing to Government com Brooklyn Navy Yard\ I am absolutely right on that. 1 know
petition that the shipyards have heretofore been able to build it is the case in regarckto Philadelphia.
a ship at so much less cost than has the Government.
Mr. SMOOT. The mViern battleship.
I yield now to the Senator from New York.
Mr. OLIVER. I am speaking of the modern battleship. Some
Mr. O’GORMAN. I want to ask the Senator from Pennsyl of the smaller ships migh^bc built here and the men kept busy.
vania whether in his opinion it is possible for any private
The proposition before \is, Mr. President, is just this: Are
shipbuilding company in this country at this time to construct we ready to pay from 10 t\ 20 per cent more for one of these
a battleship cheaper than the Government can construct it in battleships than we do to tiro other for the privilege simply of
its navy' yards, when it is remembered that under a statute saying it was built in a Government navy yard?
which we passed a few months since it now becomes as neces
Mr. LODGE. Mr. President, x is very important for the wel
it
sary for the private constructor to employ his men upon an fare of the Navy, and, as I loolcvat it, for the proper protection
eight-hour basis as it is for the Government?
of the United States, that we shotild have our Government yards
191 o.
CONGRESSIONAL RECORD— SENATE.
431.r
ftble to build all kinds of ships for the Navy. We should never of the day; and the statute which has been passed will have
bo left at the mercy of private yards. On the other hand, it very little effect with reference to the expense.
would be a great misfortune if we had no private yards to turn
Mr. LODGE. I think it has had more effect in putting the
to in time of emergency. It is in the interest of the Govern Government yards and private yards on a level. I think it has
ment that both should be maintained.
made their cost moderate and it has equalized their cost. Cer
I think I am correct in saying that there is only one yard that tainly in most of the yards I have inquired into the bids were
can build the great battleships we are now building. But that lower under the nine-hour day than they are under the eightdoes not affect the argument. The Norfolk yard, with such ad hour day.
ditions as are now being made in some of the provisions of this
Mr. BORAH. I see why that can be, but we had plenty of
bill, will he able to build a battleship, if it is not already in a evidence to the effect that it was not necessary it should be.
Position to do it. The Boston yard, with the addition of a
Mr. LODGE. I agree with the Senator; in the long run I
crane, such as we are giving to the Norfolk yard this year, has do not believe it will add to the cost, but it has tended to equal
a dock large enough to build a battleship if properly supplied ize the cost between the Government vards and the others.
with slips and gantry cranes.
Mr. SMOOT. The great difference between the cost of the
I regard it as very important to give work to these large 11 or ida and the Utah, amounting to over $2,250,000, certainly
yards, and I regard it also as important that the private ship could not have been due to labor alone, because I believe the
yards should have a share of the Government work. It does not whole of the labor in the building of the Utah would hardly
make me unhappy to think that American citizens are making amount to $2,250,000. Therefore, there is more than the labbr
money in shipbuilding; I have no objection to their making it question involved in the difference between the cost of building
if they can earn money in that way honestly. I should be very a battleship by the Government and in private yards.
sorry to see either injured by any of our arrangements.
Mr. SMITH of South Carolina. Mr. President, I should like
I am inclined to believe that under the present eight-hour sys to ask the Senator from Pennsylvania, in view of the fact he
tem, which is now extended to private yards as well as to Gov has suggested a difference of half a million dollars between
ernment yards, the difference in cost, which has been vei’y much the work by the Government and by a private party—even in
view of the eight-hour law obtaining—as he is an experienced
reduced, is still somewhat in favor of the pi’ivate yard.
I do not myself believe that if the amendment of the Senator machinist and has some knowledge of this business, to what
from Pennsylvania is adopted it would make any difference as does he attribute the marvelous difference we have as between
to the building of the ship. I think it will be built in the Gov the private corporation and the Government in building these
ernment jmrd. I do not think there is any such difference as vessels? It might be of interest to those of us who have these
the increase in cost mentioned. I have not compared the figures things in charge to know.
since the eight-hour law went into effect in the private yards,
Mr. OLIVER. Mr. President, it is a very long proposition.
but I have no idea that there would be such a gap between Unfortunately, we all know as a rule- it costs the Government,
them. I think it is very well to build one battleship in the for one reason or another, and it costs any Government, I
Government yards and allow the other great yards of the coun think, more than private parties to do the same kind of work.
try to enter into competition. There is one in Virginia, one in I do not charge it to mismanagement. I rather think that
Pennsylvania, and there is one in my State.
the Government officials are bringing their cost down. It
I think there is one in Delaware capable of building a big may be, and I rather hope it will be, that when the bids come
ship, but of that I am not sure. There is a very large yard in for these battleships it will be found that, although I do
certainly in Maryland capable of building anything short of
not believe they can come down as low as private parties,
big battleship. I think it is well that those yards should hav- they will come down so that there will not be a half million
an opportunity to receive work also. Of course on the Pacific dollars difference, and perhaps there will not be half of that
coast there is also an opportunity to build.
amount. If so, then I would say build in the Government yards.
I see no objection to the amendment of the Senator from
Mr. SMITH of South Carolina. I should like to ask the
Pennsylvania, because I do not think it would have the effect Senator if he attributes to any great extent the difference be
tween the private corporation and the Government to the cost of
or take any work away from the Government yards. But
think it is important that we should have one battleship built material to the Government? Is that material?
Mr. OLIVER. N o; not at a ll; I do not think it makes a differ
by the Government and the other open to competition among
ence. My experience is that the Government gets its material
the great yards of the-country.
Sir. SMITH of Maryland. May I ask the Senator a ques o f all kinds just as cheaply as any individual can get it. The
tion? Does not the Senator think a provision of this kind would Government’s business is well looked after in that respect.
Mr. SMITH of South Carolina. But in the matter of man
be an incentive, possibly, to more economical management on
aging labor and in the application of economic business rules
the part of the Government in building the ships?
Mr. LODGE. There is no question, Mr. President, that it the Government is not so strict.
Mr. OLIVER. It is the difference between a man looking
is for the interest of the Government.
Mr. SMITH of Maryland. In view of that, is not this a good after his own business and having a lot of hired men to look
after it. There is the whole business.
proposition?
Mr. JONES. Mr. President-----Mr. LODGE. It is.
Mr. OLIVER. I yield to the Senator from Washington.
Mr. SMITH of Maryland. To put them on their guard.
Mr. JONES. It may be of interest in connection with what
Mr. LODGE. I think it would have an excellent effect be
cause it would make it the interest of the officers in charge of the Senator from Pennsylvania has just stated in reference to
those yards and the great body of men employed to give the the difference in the prices between the Government yards and
best and quickest work, which means the lowest cost. I believe the private yards, and I think it is entirely proper, to read a
competition between Government yards and private yards is statement from an address by Mr. Calder, February 26, in
which he says:
extremely valuable to the Government of the United States.
Only last week bids were asked for by the Navy Department for the
Mr. SMITH of Maryland. It is my judgment that a proposi
building of the battleship P e
lv a
with the result
the
tion of this kind would have a tendency to help the Government Newport News Shipbuilding Co. n n s yfor n i a , building of the P e n nthat a n i a
bid
the
sylv
in battleship building by letting it be known that there is some $7,275,000, and the New York Navy Yard bid on exactly the same
plans, for exactly the same ship $7,b03,000, or $28,000 m
ore than the
competition in the building of ships.
5id of the Newport News Shipbuilding Co.
Mr. LODGE. Certainly; I think so.
Showing that the bids between the Government yards and
Mr. SMITH of Maryland. I believe the proposition is a good
private yards are getting very close together.
one and a healthy one.
Mr. LODGE. Very close.
Mr. BORAH. Mr. President. I am not very much interested
Mr. O’GORMAN. Mr. President, may I supplement what
in the competition between Pennsylvania and New York, but
there is a disposition apparently to attribute the expensiveness has been stated by the Senator from Washington with this fact?
to the eight-hour law or to the change which it would effect. In the estimate of the New York Navy Yard, which was only
There was plenty of evidence before the committee when it had $28,000 in excess of that of the private shipyard, there was em
finder consideration the eight-hour bill to show that it would braced an item of $S60,000 for overhead charges in the ship
enlarge the expense very little. In fact, one of the great ship yard in Brooklyn. Those charges would be borne by the Gov
builders of England, who gave a statement which we secured, ernment whether or not the yard was kept up to a high state
efficiency; whether the battleship was built there or not,
disclosed the fact that he built more cheaply under the eighthour system than he did under the longer day system. It is there would be the same charge. I f that $860,000 should be
apparent to anyone why it is that it is more expensive on the eliminated from the bid of the New York Navy Yard, the fact
part of the Government to build; it is that the Government can would be that the Government shipbuilding yard would build
not get the same amount of work out of parties that individuals the Pennsylvania for nearly $700,000 less than the bid that was
can. But that is not due to the shortening or the lengthening offered by the private shipbuilders.
CONGRESSIONAL RECORD— SENATE.
k
Air. OLIVER. Air. President, the Senator from New York
o
certainly is not ignorant enough o f business customs not to
d
know that in private enterprises overhead charges are included
n
with costs, just the same as they are to the Government. In
f
making a bid upon a ship a shipyard has to consider all of
0
those things; and if the Government practice is becoming so
imuch better that they can get toward the same cost as the pri
e
vate parties, then the amendment which I offer will not be
operative and can do no harm.
Air. O'GORAIAX. The harm, Air. President, might be this::
r
If the private shipbuilding interests in this country could enter
t
into a combination to build both of these battleships, even at
t
a loss, they would demoralize and paralyze the Government
shipyards and help to put them in a state o f utter inefficiency,,
and then leave the Government at the mercy of the private ship
builders of the country.
3
Air. OLIVER. Air. President, if the big concerns of the
l
country enter into combinations to give us anything cheaperthan we are getting it to-day, then let them come along and
1
make their combinations; tut that is not what they make com
binations for. The combinations are made for the purpose of
£
raising prices and not for the purpose of bringing them down.
;
The PRESIDENT pro tempore. The amendment to the
amendment will again be stated.
The S e c r e t a r y . On page 57, line 13, after the word “ yard,”
it is proposed to insert:
February 28,
The PRESIDENT pro tempore. The Chair will inquire of the
Senator from Colorado if lie desires to offer a substitute?
Air. TIIOAIAS. I f it is in order, 1 do.
The PRESIDENT pro tempore. The Chair thinks it is in
order.
Air. LODGE. If I may be heard, Air. President, on the point of
order, I do not think the amendment can be offered as in Coinmittee of (lie AVliole. That amendment provides for doing ex
actly what the Senate has voted not (o do.
The PRESIDENT pro tempore. It is not for the Chair to
determine as to the phraseology of the amendment,
Air. LODGE. It proposes simply to restore the House provision, which we have amended.
The PRESIDENT pro tempore. To avoid a controversy, the
Chair suggests that the Senator withhold the amendment until
the bill gets into the Senate.
Air. THOAIAS. Aly only purpose is to be heard on the amcndment before the bill is passed.
The reading of the bill was resumed.
The next amendment of the Committee on Naval Affairs was,
on page 57, after line 19, to insert:
One transport, to cost, exclusive of armor and armament, not to exceed $1,850,000.
The amendment was agreed to.
The next amendment was, on page 57, after line 21, to insert:
One supply ship, to cost, exclusive of armor and armament, not to
s
If the estimated cost thereof is not more than half a million dollars exceed $1,425,000.
above the price for which it can be built by contract.
The amendment was agreed to.
The PRESIDENT pro tempore. The question is on agreeing;
to the amendment to the amendment. [Putting the question.]
By the sound the “ noes” appear to have it.
Mr. OLIVER. I ask for the yeas and nays.
The yeas and nays were ordered, and the Secretary proceeded
to call the roll.
Air. CHILTON (when his name was called). I again an
nounce my pair with the Senator from Illinois [Air. Cullom].
Air. SAIITH of South Carolina. I again transfer my pair
with the Senator from Delaware [Air. R ichardson] to the Sen
ator from Tennessee [Air. W e b b ] , and will vote. I vote "n ay.”
The roll call was concluded.
Air. SIAIAIONS. I have a general pair with the junior Sen
ator from Alinnesota [Mr. C l a p p ] . In his absence, I withhold
my vote. If he were present, I would vote “ nay.”
Mr. CHILTON. I desire to announce for the day the pair of
my colleague [Mr. W atson] with the Senator from New Jersey
[Mr. B riggs].
Air. FOSTER (after having voted in the negative). The
Senator from Wyoming {Mr. W a r r e n ] , with whom I have a
general pair, is absent on business of the Senate, and I therefore
withdraw my vote.
Air. SHIVELY. I desire again to announce that the senior
Senator from Alississippi [Air. W illiams ] is paired with the
Senator from Pennsylvania [Air. Penrose].
Air. KERN. I desire to announce that the Senator from Okla
homa [Air. Gore] is paired with the Senator from New Hamp
shire [Mr. Burnham ],
The result was announced—yeas 28, nays 30, as follow s:
YEAS—28.
Martin, Ya.
Root
Gallinger
Guggenheim
Smith, Md.
Oliver
Jackson •
Page
Smoot
Johnston, Ala.
Paynter
Swanson
Lodge
Thornton
Penrose
McCumber
Townsend
Percy
McLean
Perkins
Wetmore
NAYS— 30.
Gardner
Lea
Asliurst
Pomerene
Hitchcock
Brady
Martine, N. J.
Sheppard
Johnson, M
e.
Myers
Bristow
Shively
Jones
Nelson
Bryan
Smith, S. C.
Kavanaugh
Burton
O'Gorman
Stone
Kenyon
Owen
Chamberlain
Thomas
Kern
Pittman
Crawford
La Follette
Poindexter
Cummins
NOT \7
OTING—37.
Culberson
Lippitt
Sutherland
Bacon
Cullom
Newlands
Tillman
Borah
Dillingham
Overman
Warren
Bourne
Dixon
Reed
Bradley
AVatson
Richardson
du Pont
Briggs
Webb
Simmons
Fall
Burnham
AYilliam
s
Smith, Ariz.
Foster
Catron
A’orks
A
Smith, Ga.
Gamble
Chilton
Gore
Smith, Mich.
Clapp
Gronna
Stephenson
Crane
So Air. Oliver’s amendment to the amendment of the comBankhead
Brandegee
Brown
Clark, Wyo.
Clarke, Ark.
Curtis
Fletcher
mittee was rejected.
The PRESIDENT pro tempore.
amendment of the committee.
The amendment was agreed to.
The next amendment was, on page 57. line 24, after the word
“ Navy,” to strike out “ shall” and insert “ m ay” ; and in the
same line, after the word “ build,” to strike out “ the battleship
authorized in this act in such navy yard as he may designate;
and shall build,” so as to read:
The Secretary of the Navy may build any of the other vessels herein
authorized in such navy yards as he may designate, should it reason
ably appear that the persons, firms, or corporations, or the agents
thereof, bidding for the construction of any of said vessels, have en
tered into any combination, agreement, or understanding, the effect
object, or purpose of which is to deprive the Government of fair, open’
and unrestricted competition in letting contracts for the construction
of any of said vessels.
The amendment was agreed to.
The Secretary continued the reading of the bill, and read as
follow s:
Increase of the Navy ; armor and armament: Toward the armor and
armament for vessels heretofore and herein authorized, to be available
until expended, $11,508,309.
Air. ASHURST. Air. President, I desire to propose an amend
ment at that particular point, which I now send to the desk and
ask to have read.
The PRESIDENT pro tempore. The amendment will be
stated.
The S e c r e t a r y . On page 59, line 7, after the numerals, it is
proposed to insert the following proviso:
P r o v i d e d , That the Secretary of the Navy shall forward to Congress
at the earliest practicable date a full report of all bids received by him
relating to the purchase of armor, ship plates, and structural steel for
the battleship or dreadnought purported to be named, when completed
the Pennsylvania, and that the Secretary of the Navy be, and he is
hereby, directed not to award any contract for the purchase of steel
armament, armor, or ship plates until further directed by Congress.
Air. LODGE. I shall have to ask that the amendment be
again read.
The PRESIDENT pro tempore. The Secretary will again
state the amendment.
The Secretary again read the amendment.
All*. LODGE. That, Air. President, of course would arrest
the building of the ships authorized under this bill. It is clearly
general legislation, and I make the point of order against it.
Air. ASHURST. Mr. President, before the Presiding Officer
gives his ruling upon the point of order, I wish to be heard on
the amendment.
The PRESIDENT pro tempore. The Chair will hear the
Senator.
Air. ASHURST. With some reluctance I differ from the dis
tinguished Senator from Alassachusetts [Air. L o d g e ] , whose vast
experience upon these matters gives him quite sound judgment*
but I am unable to see that the point of order will lie, and
believe after I have made a short statement, the necessity for,
and the pertinency and propriety of, my amendment will
become apparent.
I purpose that the amendment shall be retroactive in its
character and relate to the bids which -were opened about 10
days ago by the Secretary of the Navy.
The Armor Plate Trust is composed of the Carnegie Steel Co.,
The question recurs on the of Homestead, Pa., subsidiary of the United States Steel C o.;
the Bethlehem Iron & Steel Co., of Bethlehem, P a.; and the
Alidvale Steel Co., of Philadelphia, Pa.
1913
CONGRESSIONAL RECORD— SENATE
4409
The PRESIDENT pro tempore. The question is on agreeing
The PRESIDENT pro tempore. As a matter of fact, this bill,
to the conference report.
having been taken up on motion, displaced the unfinished busi
Mr. BRISTOW. Mr. President, I should like to have the re ness.
Sir. LODGE. That is what I tried to explain.
port printed before it 1; agreed to.
Mr. WILLIAMS. Mr. President, the seamen’s bill has been
The PRESIDENT pro tempore. The Senator from Kansas
objects to the present consideration of the report, and it will be before the Senate for some time. It involves the principle of
involuntary servitude on the part of able seamen in the
printed.
merchant marine, and it ought not to be laid aside; it ought
DEFICIENCY APPROPRIATION BILL.
The Senate, as in Committee of the Whole, resumed the con to be considered and passed upon one way or the other by the
sideration of the bill (H. R. 28S5S) making appropriations to Senate. I do not care to discuss it at any length, but I do
supply deficiencies in appropriations for the fiscal year 1913 and care that it shall be considered. It seems to me that it is the
regular order in the Senate at this time, and it ought not to be
for prior years, and for other purposes.
The PRESIDENT pro tempore. The Secretary will resume set aside.
Furthermore, Mr. President, I do not understand how it hap
the reading of the bill.
Mr. WILLIAMS. Mr. President, a parliamentary inquiry. pens that the conference report on the river and harbor bill,
How did the conference report upon the river and harbor bill after being discussed for four or five hours to-day, should be
set aside in behalf of another conference report.
happen to be set aside.
Mr. WARREN. Mr. President, the Senator is mistaken in his
The PRESIDENT pro tempore. It has not been called up, the
understanding of the situation. The bill has not been laid aside
Chair will say.
for any other conference report. It lies right where it Aid—
Mr. WILLIAMS. That is the regular order, is it not?
The PRESIDENT pro tempore. If a motion had been made to before the Senate for consideration. The bill under considera
tion is not a conference report; it is the regular annual defi
call it up, but no such motion was made.
Mr. WILLIAMS. If that is the regular order, I call for the ciency appropriation bill, which we are proceeding to pass
through the Senate, so that it may go to the other House and
Tegular order.
get into conference. I moved in the regular way to take it up,
Mr. LODGE. The regular order is the unfinished business, I and the motion was carried unanimously.
suggest.
Mr. LA FOLLETTE. Mr. President, will the Senator permit
The PRESIDENT pro tempore. That is true.
me to interrupt him?
Mr. WARREN. We are going on with an appropriation bill,
The PRESIDENT pro tempore. The Senator from Wisconsin.
and I yielded simply for the presentation of the conference
Mr. LA FOLLETTE. Mr. President, the Senator’s motion
report, which is a privileged question. When that report has was not submitted to the Senate; there was no vote upon the
been made, it is not thereafter a privileged question as against question of taking up this appropriation bill as against the regu
an appropriation bill which has not yet gone to conference.
Mr. WILLIAMS. I understand that one conference report lar order, which is the unfinished business—the seamen’s bill.
The PRESIDENT pro tempore. As the Chair recalls the
has no priority over another. The river and harbor conference
matter, the Senator from Wyoming made the motion, and the
report was before the Senate for discussion.
Mr. WARREN. The river and harbor conference report was Chair submitted the question and declared it carried.
Mr. LA FOLLETTE. I have just consulted the record, Mr.
not before the Senate.
Mr. WILLIAMS. It was before the Senate and was being President, and I think I am right about it.
Mr. WARREN. Mr. President, if there is any disposition
discussed.
Mr. WARREN. The deficiency bill was before the Senate, here not to pass the deficiency bill, the quicker we understand
it the better, because I want to say, in all seriousness, that
Tegularly called up—an appropriation bill.
Mr. WILLIAMS. How did the river and harbor bill get unless we pass this bill to-night and get it to the printers, to the
House, and to our engrossing clerks, we probably shall be un
before the Senate?
Mr. LODGE. The regular order is the seamen's bill, and not able to get it through in the limited time we have. That is all.
Mr. LA FOLLETTE. Mr. President, I for one am very
the river and harbor bill.
Mr. DU PONT. No; it is the Military Academy appropria reluctant to antagonize the consideration of an appropriation
bill, but for 18 years the seamen of this country have asked to
tion bill.
Mr. WILLIAMS. I call for the regular order. If that is be relieved from slavery. Last August there came to this Sen
a
enacted into
emancipate them.
the seamen’s bill, I welcome it, and I desire that it shall be atehas bill which, if Committee on law, would from that time to
It
been in the
Commerce
considered.
Mr. WARREN. The regular order is the appropriation bill this. The hearings upon it of the shipowners have been pro
tracted day after day, week after week, and month after month,
how being read.
The PRESIDENT pro tempore. The reading of the bill will until now, in the closing hours of this Congress, it seems impos
sible to get it before the Senate for consideration. Better, Mr.
proceed.
President, that some appropriation bill should fail than that
The reading of the bill was resumed.
The next amendment of the Committee on Appropriations the blot of slavery should remain upon American seamen.
If we can have some assurance that that bill is going to be
Was, on page 2, after line 12, to insert:
The cost of printing Senate Document No. 1113 of this session shall taken up and considered and given a fair chance to get into
be charged wholly to and paid out of any balance remaining unex conference, appropriation bills can be passed. I for my part
pended March 4, 1913, of the appropriation for the President’s Com would not stand in the way of the consideration of these appro
mission on Economy and Efficiency.
priation bills if there could be some understanding arrived at by
The PRESIDENT pro tempore. The amendment will be unanimous consent for the taking up of that bill and a vote be
agreed to, without objection.
had upon it.
Mr. WILLIAMS. How does that bill get before the Senate,
Mr. President, some two years ago I presented to the Senate
Mr. President?
a memorial by the seamen of this country, setting forth condi
The PRESIDENT pro tempore. By motion of the Sena tions against which every American ought to revolt.
tor from Wyoming [Mr. W a r r e n ] ,
At that time I introduced a bill similar to the one which
Mr. LODGE. Regular order!
passed the House of Representatives. _ It was referred to the
The PRESIDENT pro tempore. The motion displaced for committee that has charge of this subject. Before the close of
the time being whatever may have heretofore been under con the last session I appealed to the committee to be informed if it
could not receive some attention; if there was not some hope
sideration.
Mr. WILLIAMS. I have understood that the unfinished busi that it might be considered and reported upon at that session.
I received the assurance of the Senator from Minnesota [Mr.
ness was the seamen’s bill.
The PRESIDENT pro tempore. That bill was laid aside N e l s o n ] , the chairman of the committee, that it was his purpose
and has not been called up by the Senator having it in charge. to convene his committee even before the beginning of the
Mr. WILLIAMS. I call it up. I suppose any Senator has a present session in order that the hearings might be disposed of,
so that the committee at the very beginning of the session might
1’ght to call it up.
,J
Mr. LODGE. When I made my suggestion about the sea- consider and speedily report the bill. I followed it before that
nien’s bill, I supposed the deficiency bill had been taken up by committee, keeping informed as best I could upon the progress
made, and waiting, hoping, and believing it was to be presented
unanimous consent.
to the Senate in time for the Senate tp act upon it. It was my
The PRESIDENT pro tempore. It was not.
hope that it would be passed in time to permit the two Houses,
Mr. LODGE. It was taken up by motion?
through a conference, to arrive at an agreement that would
The PRESIDENT pro tempore. It was.
Mr. LODGE. Therefore the regular order is the appropria relieve 120,000 to 430,000 men engaged in that vocation from the
slavery under which they now suffer. At the same time it would
tion till, which has displaced the other.
CONGRESSIONAL RECORD— SENATE.
MABCn 1
give to the traveling public some security for life, so that we of similar questions in England a commission had the subject
might not be confronted with such disasters as the Titanic and under study for a year or more. It makes a revolution in the
the multitude of others of somewhat similar character which control of shipping and the relation between the seamen and
the vessel owners. I am glad to say that we have reported a
have appalled the world.
The welfare of the men who man American vessels and of the measure which marks a greater advance in the condition of sea
public seems to have received little consideration, because legis men than all the legislation placed upon the statute books
lation in the interest of property, in the interc.t of the owners within the last 30 years. There are some propositions in the
of the vessels has forestalled all other considerations which bill, however, so radical that the committee did not think they
work to the safety of passengers upon vessels, to the preservation could accept them.
The Senator from Wisconsin is quite in error in stating that
of life, and all humane and decent treatment of the men who
hearings have been given to the shipowners. With the utmost
follow the sea for a living.
Now, Mr. President, we are nearing the close of this session, care no hearings have been held except representatives both of
and for one I think the time has come to have consideration of the seamen and the shipowners have been present.
I think no committee has ever observed more sedulous care to
this subject, to come to some understanding about it, and to
know whether we can have a vote upon this tremendously im see that both sides were represented than the subcommittee and
the whole committee have maintained in this case. There have
portant measure.
been no outside conferences with one side or the other. Our
Mr. WARREN. Will the Senator allow me?
hearings have been in the open.
Mr. LA FOLLETTE. Certainly.
Mr. NELSON. Mr. President, will the Senator allow me to
Mr. WARREN. Mr. President, I hope the Senator under
stands one thing, and that is it does not make a particle more interrupt him?
difference to me whether we pass the appropriation bills than it
The PRESIDENT pro tempore. Does the Senator from Ohio
does to any other Senator. I had no motive whatever, either of yield to the Senator from Minnesota?
displacing or delaying the consideration of the seamen's bill,
Mr. BURTON. Yes.
but I think Senators will all admit that, when a bill has been
Mr. NELSON. It seems to me that the only relief from (his
laid aside for the day, other business can be taken up and con controversy between the chairman of the Appropriations Com
sidered. While the taking up of the deficiency appropriation bill mittee, the Senator from Wisconsin, and the Senator from Ohio
might displace the other measure—for perhaps no longer time is to proceed to the consideration of the conference report on
than we have already debated this matter—after the appropria the river and harbor bill, and, Mr. President, I move that the
tion bill is disposed of I think its relation would be the same, Senate proceed to its consideration.
because the unfinished business was before the Senate and
Mr. WARREN. Mr. President, before that motion is put I
must in some way have been laid aside for the day.
desire to say that I have tried to do my duty as chairman of
Mr. LA FOLLETTE. It was temporarily laid aside for the the Appropriations Committee. I decline to be a football with
consideration of another measure, but not for the consideration appropriation bills between those who desire to secure the con
sideration of different measures. If this appropriation bill is
of this measure.
Mr. WARREN. I f the Senator will allow me-----not to pass, I am willing to abandon it and will find no fault
Mr. LA FOLLETTE. It was temporarily laid aside for the about it; but certainly if this bill can not go through very soon
consideration of the conference report on the river and harbor I shall be compelled to abandon it and let some other Senator
bill, and no other measure has any right here as against the un take it up, if he thinks he can better attend to it. There are
finished business excepting as it obtains that right by a vote certain things that have to be done with appropriation bills
of the Senate, or if by the consent of the Senate the unfinished that it is impossible to avoid-----business shall be still further laid aside for the consideration of
Mr. NELSON. I realize that. There are certain things that
have to be done.
the other measure.
Mr. WARREN. Will the Senator allow me to interrupt lnm
Mr. WARREN. And we have already spent time enough
debating matters without result to have passed the appropria
again?
Mr. LA FOLLETTE. Certainly.
tion bill, and then we could have taken up the other.
Mr. WARREN. I was not in the Chamber when the unfin
Mr. WILLIAMS. Mr. President-----ished business was laid aside, but it has been the usual—in
Mr. NELSON.- Will the Senator from Mississippi yield
fact, I might say the universal—custom when a bill is laid to me?
aside that it is laid aside subject to matters that come up dur
Mr. WILLIAMS. Yes.
ing the day, and I supposed that that was the case in this
Mr. NELSON. I think the chairman o f the Appropriations
instance.
Committee ought to yield to the conference report on the rivers
Mr. LA FOLLETTE. I am very certain, if the Senator will and harbors bill. The deficiency bill is not subject to a debate
permit me, that the Senator from Ohio did not consent to the o f five or six hours, as the rivers and harbors bill is and has been.
laying aside of the seamen’s bill for the day. He consented to In view of that fact, Mr. President. I think, under present con
the laying aside of that bill temporarily for the consideration of ditions, the rivers and harbors bill ought to have the right of
the conference report on the rivers and harbors bill; and, if way, and therefore I renew my motion to proceed with the
that be true, Mr. President, it has not the sanction of the Sen consideration of the conference report on the rivers and harbors
ate to be laid aside for the consideration of any other bill until bill.
that sanction is obtained either by motion or by unanimous
Mr. WILLIAMS. I understand the rivers and harbors bill
consent.
has the right of way without any motion of any description.
The PRESIDENT pro tempore. As the Chair remembers the
Several Senators. Oh. no.
matter, the bill was laid aside temporarily without any con
Mr. LA FOLLETTE. The unfinished business has the right
ditions.
of way.
Mr. LA FOLLETTE. I think that is true.
Mr. WILLIAMS. Mr. President, the conference report on
Mr. WARREN. If it was laid aside without any conditions, the rivers and harbors bill was the unfinished business.
then it was laid aside for the day.
The PRESIDENT pro tempore. The Senator from Minne
Mr. LA FOLLETTE. Oh, no.
sota [Mr. N elson] has made a motion to proceed with the con
Mr. WARREN. Certainly it was. However, there will be no sideration of the conference report on the rivers and harbors
trouble about getting the other matter up.
bill. That motion is not debatable.
Mr. BURTON. Mr. President-----Mr. WILLIAMS. I beg the Chair’s pardon. If it is not de
The PRESIDENT pro tempore. The Senator from Ohio.
batable, I will not debate it, of course.
Mr. BURTON. I do not wish to enter into any extended dis
The PRESIDENT pro tempore. It is not debatable. The
cussion regarding the seamen’s bill. I am exceedingly anxious question is on the motion of the Senator from Minnesota.
to bring it up and have it passed. It was regarded of such im [Putting the question.] The Chair is in doubt, and will again
portance that at the close of the last session it was agreed that put the question. [Putting the question.] By the sound the
the members of the subcommittee to which it was referred should ayes appear to have it.
meet one week before the beginning of the present session to
Mr. LA FOLLETTE. I ask for the yeas and nays.
consider it; but, for a variety of reasons, it was impossible to
The yeas and nays were ordered, and the Secretary pro
secure the attendance of the whole subcommittee. In one case ceeded to call the roll.
Mr. BRIGGS (when his name was called). I have a gen
a member was detained by illness in his family. It is not neces
sary for me to go into the list of the names of those who were eral pair with the senior Senator from AYest Virginia [Air.
A
absent, but it was impossible to take the measure up until the A 'atson]. In his absence I withhold my vote.
beginning of this session.
Air. CHILTON (when his name was called). I have a pair
There have been practically 20 days of hearings upon this bill. with the Senator from Illinois [Mr. CTllom], and I therefore
The delay has been by no means unusual. In the consideration withhold my vote.
CONGRESSIONAL RECORD— SENATE.
1913.
4411
Mr. WILLIAMS. How does that bill get before the Senate?
The PRESIDENT pro tempore. On motion of the Senator
from Wyoming, as before stated.
Mr. WILLIAMS. The seamen’s hill was the unfinished busi
ness. When we voted down the resolution to take up the rivers
and harbors bill the seamen’s bill was the unfinished business.
The PRESIDENT pro tempore. The unfinished business or
any other bill can be displaced on motion to take up a hill, and
that is exactly what occurred.
Mr. WILLIAMS. But that motion has not been made. That
motion lias never been made, and has never been carried.
The PRESIDENT pro tempore. The Chair must take excep
tion to that. The notes may be read, if it is necessary, to show
what occurred.
Mr. LODGE. The motion was made before the Senator from
Mississippi came into the Chamber.
Mr. WILLIAMS. Mr. President, if a motion has been made,
and if a motion has been carried, of course I am speaking to
outer a ir ; but no motion has been made and no motion has
been carried to that effect since we had the recent discussion
about it, and I know of no motion of the kind at any time.
Mr. WARREN. Mr. President, I certainly made that motion.
Mr. WILLIAMS. I remember that the Senator from Minne
sota [Mr. N e l s o n ] waived the further consideration of the river
and harbor hill for the special consideration of the matter that
was brought before the Senate at that time.
Mr. LODGE. Let the notes be read.
The PRESIDENT pro tempore. If the Senator will permit
the Chair, of course the Senator from Mississippi knows the
Chair has no motive-----Mr. WILLIAMS. Oh, I beg the Chair to believe that I did
not mean anything of that kind. I know the Chair is as void
of wrong motive as anyone in the world.
The PRESIDENT pro tempore. If the Senator from Missis
sippi will permit the Chair, the parliamentary status is this:
The Senator from Ohio [Mr. B u r t o n ] asked unanimous consent
to lay aside the seamen’s bill, and that request, being without
YEAS—26.
objection, was agreed to. In the meantime the conference
Martine, N. J.
Fall
Smith, S. C. \
Bankhead
Fletcher
Nelson
Stone
Bourne
report on the river and harbor bill was considered for a time,
Foster
Thornton
Bryan
Paynter
and discontinued at a certain point.
Gronna
Percy
Townsend
Catron
Mr. WILLIAMS. But discontinued how?
.Johnson, Me.
Sheppard
Chamberlain
Williams
Johnston, Ala.
Simmons
Clarke, Ark.
The PRESIDENT pro tempore. By laying it aside and other
Smith, Mich.
Jones
Crawford
matters coming up.
NAYS—37.
Mr. SMOOT. By the Senate going into executive session.
Rooi
McCumber
Dillingham
Ashurst
Mr. WILLIAMS. By unanimous consent to lay it aside, or by
Smith, Ga.
Myers
Dixon
Brandegee
a motion?
Smoot
Newlands
Gallinger
Briggs
The PRESIDENT pro tempore. The consideration of the con
Swanson
O’Gorman
Gamble
Bristow
Oliver
Thomas
Gore
ference report was discontinued.
Burnham
W rren
a
Owen
Hitchcock
Burton
Mr. LA FOLLETTE. By going into executive session.
Wetmore
Page
Kenyon
Clapp
The PRESIDENT pro tempore. By going into executive ses
Penrose
La Foilette
Clark, Wyo.
Pittman
sion. The Senator fr o m Wyoming [Mr. W a r r e n ] made a motion
Lea
Crane
Poindexter
Lodge
Cummins
this evening to proceed to the consideration of the general de
NOT VOTING—32.
ficiency bill, and that motion was agreed to. That motion dis
Smith, Ariz.
McLean
placed every other hill, whether it was unfinished business or
Curtis
Bacon
Smith, M
d.
Martin, Va.
du Pont
Borah
otherwise. At the present moment the unfinished business is
Stephenson
/
Overman
Gardner
Bradley
the general deficiency bill, which is now under consideration.
Sutherland
Perkins
Guggenheim
Brady
Tillman
Pomerene
Mr. BRANDEGEE. Mr. President, I ask that the reporter
Jackson
Brown
Watson
Reed
Kavanaugh
Chilton
read his notes from the time the Senator from Wyoming made
Webb
Richardson
Kern
Culberson
the motion to take up the general deficiency bill.
Works
Shively
Lippitt
Cullom
The PRESIDENT pro tempore. The Chair will he pleased to
So Mr. N e l s o n ’ s motion was rejected.
The PRESIDENT pro tempore. The Secretary will resume have that done.
Mr. WILLIAMS. Mr. President—
the reading of the bill.
Mr. LODGE. Let the notes be read.
Mr. LA FOLLETTE. Mr. President, I-was going to prefer a
Mr. WILLIAMS. I want to say this, and then I shall take
request for the consideration of the seamen’s bill after the con my seat:
edu sib t^ f this bill 5 but I believe this bill can be disposed of
There seems to be a determined effort upon the part of a few.
in a briM T n P
T T 7Tmd I will therefore defer that request.
men to prevent the passage of the rivers and harbors hill. Up
The PRESIDENT pro tempore. The Secretary will read.
to this good moment that has succeeded through an indifference
The Secretary resumed the reading of the bill.
The next amendment of the Committee on Appropriations of the Senate in granting unanimous consent. I want to serve
notice that no more unanimous consents will he granted and
Was, on page 2, after line 18, to insert:
Hereafter the Executive shall not extend or accept any invitation to that, unless the rivers and harbors bill can be squarely fronted
Participate in any international congress, conference, or like event, by the Senate and voted upon one way or the other, no other
appropriation bills shall be voted upon until the 4th of March
Without first having specific authority of law to do so.
The PRESIDENT pro tempore. The reading will be con
The amendment was agreed to.
The next amendment was, u n d e r the head of “ Department of tinued.
Mr. BRANDEGEE. I ask that (lie reporter’s notes he read.
State,” on page 3, after line 20, to insert:
The PRESIDENT pro tempore. The notes will be read.
International Congress on Alcoholism : For expenses of delegates to
he designated by the President to the fourteenth International ConThe reporter read as follow s:
Mr. CLARKE of Arkansas (wlien Ills name was called). I
have a pair with the junior Senator from Utah [Mr. S u t h e r
l a n d ].
I do not see him here, and therefore am not at liberty
to vote.
Mr. CULBERSON (when his name was called). In view of
m y general pair with the Senator from Delaware [Mr. du
P o n t ], I withhold my vote.
Mr. SMITH of South Carolina (when his name was called).
I have a general pair with the Senator from Delaware [Mr.
R i c h a r d s o n ] , and therefore withhold my vote.
The roll call was concluded.
Mr. SMOOT. I desire to announce that the senior Senator
from Kansas [Mr. C u r t i s ] was compelled to leave the Senate
this evening. He has a general pair with the junior Senator
from Tennessee [Mr. W e b b ].
Mr. DILLINGHAM. In the absence of the senior Senator
from South Carolina [Mr. T i l l m a n ] , I transfer m y general pair
with him to the junior Senator from Wisconsin [Mr. S t e p h e n
s o n ] and will vote.
I vote “ nay.”
Mr. BRIGGS. I transfer iyy pair with the Senator from
West Virginia [M r . W a t s o n ] to the junior Senator from Rhode
Island [Mr. L i p p i t t ] and vote. I vote “ nay.”
Mr. CLARKE of Arkansas. I transfer my pair with the
junior Senator from Utah [Mr. S u t h e r l a n d ] to the senior Sen
ator from Virginia [Mr. M a r t i n ] and vote. I vote “ y e a .”
Mr. PAYNTER. I transfer my general pair with the Senator
from Colorado [Mr. G u g g e n h e i m ] to the Senator from Arizona
[Mr. S m i t h ] and vote.- d U v o t e ^ yea.”
Mr. SMITH of South Carolina. I tiTmgfer my general pair
with the senior Senator from Delaware [Mr. R i c h a r d s o n ] to the
Senator from Arkansas [Mr. K a v a n a u g h ] and, vote. I vote
“ yeaA
Mr. KERN (after having voted in the negative). The Sena
t o r from Kentucky [Mr. B r a d l e y ] , with whom I am p\ired, not
/ having voted, I withdraw my vote.
The result was announced—yeas 2G, nays 37, as follows
Sress on Alcoholism, at Milan, Italy, September, 1913, including secietarial and stenographic work and transcription of reports, J u 0
t> ,8o .
Mr. WILLIAMS.
The PRESIDENT
Mr. WILLIAMS.
ing?
The PRESIDENT
appropriation bill.
Mr.
W ar r e n .
I m
ove that the .Senate proceed to the consideration of
House hill 28858, the deficiency appropriation hill.
Mr. President, a parliamentary inquiry.
The-President pro tempore. The Senator from Wyoming moves that
pro tempore. The Senator will state it.
the Senate proceed to the consideration of the deficiency appropriation
What is the bill that the Secretary is read bill.
pro tempore.
It is the general deficiency
The Secretary. A hill (H. R. 28858) making appropriations to sup
ply deficiencies in appropriations for the fiscal year 1913 and for prior
years, and for other purposes.
The motion was agreed to.
?h
if:
‘ IV
t3
11
*
fi
V'
: :
4412
CONGRESSIONAL l i ECO11D— SEN A TE.
air. W
AitnEX. I make the usual request that the formal reading of the
bill be dispensed with, that the bill be read for
and that
the committee amendments be first considered.
Mr. B ijyan. I do not desire to object, but I do not p
m it is fair
e
to the Senator from Minnesota.
Mr. W akken. I can not hear what the Senator from orida says,
Mr. B ryan . I thought it was only fair that the
tor from Minnesota, who was not in his seat, should know of the
uest. If it is
satisfactory to him. I have no objection.
Mr. W arren . The Senator from Minnesota is in his p
Mr. B ryan I see that he is.
Mr. N elson . I did not understand.
ta to know
Mr. B ryan . I simply wanted the Senator from Min
that the request had been made to take .up the deficiency ppropriation
bill, which would operate to displace the rivers and harbo bill.
Mr. N elson . I have tried to get the chairman of the ( mmittee on
and harbors
Appropriations to yield to the conference report on the ri
bill, but he insists upon going on with the deficiency apyw^iiuiun uu>.
The President pro tempore. The Senator from Wyoming asks unanimous consent that the formal reading of the bill he dispensed with,
that the bill be read for amendment, and that the committee amend
ments be first considered. Is there objection? The Chair hears none.
The Secretary proceeded to read the bill.
Mr. BRANDEGEE. That is all I ask for.
The PRESIDENT pro tempore. The reading of the pill will
he proceeded with. The amendment last read will be agreed to,
without objection.
The reading of the bill was resumed.
The next amendment of the Committee on Appropriations was
on page 4, after line 2, to insert.
Safety of life at sea : For compensation and necessary traveling and
other expenses of officers of the Government and other persons to\be
designated by the President to consider subjects relating to groa
security at sea, as recited in the joint, resolution proposing an inter
national maritime conference approved June 28, 1912 (37 Stat., p. 037),
for necessary clerk hire in Washington, D. C., and elsewhere, and for
the expenses of informal consultation with representatives of foreign
Governments preliminary to the proposed international conference,
$10,000 : P r o v i d e d , That officers of the Government shall receive reim
bursement for expenses incurred in connection with this work, but no
compensation in addition to the salaries attached to their respective
positions.
The amendment was agreed to.
The next amendment was, on page 4, after line 10, to insert:
M
a k c ii
l,
Mr. BRISTOW. Yes; the auditor of that department.
Mr. WARREN. We have a letter here on the subject which
is rather long. I will have it read if the Senator desires, but
perhaps I can state it more briefly.
The new machinery for auditing tlie money-order papers in
the Post Office Department was inaugurated some two years
ago. At that time it was explained that it would cost $100,000
per annum less to conduct the work. There was then a limita
tion of the cost amounting to about $100,000 per year through
a large reduction in the number of employees. It seems they
had been nearly two years behind in the office at one time, and
we had been appropriating perhaps $50,000 a year to enable
them to catch up.
When this new system was installed they thought it would
enable them to bring up the arrears, even with their greatly
reduced force; but they have found that they are still behind
about 50,000,000 money orders that have not been audited on
one side, covering the business for three or four months, per
haps longer.
The Secretary of the Treasury and the auditor for the de
partment have suggested that we should either appropriate
$07,000 for extra lieli* to bring the auditing of these matters up
to date—they are jfeeping up with them now—or make this
amendment, which was drawn up by the department exactly as
we have it, and call it an arbitrary audit. I was talking to the
Assistant Secretary about tlie matter recently, and it seems that
they feel there is hardly a chance of an error, since one side
has already .been audited, and it is work in which they seldom
find any erbor.
Mr. BltfSTOW. The auditor recommends it?
Mr. WARREN. Yes. If Hie Senator feels that the other
Uietliojl is better, it can be followed.
Mr. BRISTOW. No.
Mr. WARREN. I acknowledge with pleasure that the Sen
ator was a very efficient secretary in that department at one
Payment to Malambo tire claimants: To pay the allowances made to
BRISTOW. I understand the matter now.
the Malambo tire claimants under article 7 of the treaty of November,
Th\t PRESIDENT pro tempore. The question is upon agree
18, 1903. between the United States and Panama, as recommended
bv the President in his special message to Congress of December 1 , ing to\the amendment.
-3
1911. in accordance with the recommendations of the Secretary of Mar
The amendment was agreed to.
and the Attorney General, $53,800.
The reading of the bill was resumed.
The amendment was agreed to.
The next amendment was, under the subhead “ Publ
ings,” on page 5, after line 18, to insert:
The rn^xt amendment of the Committee on Appropriations was,
build at tho toptof page 13, to insert:
To pay balance for rent of temporary quarters at Clevelar
the accommodations of Government officials from Octobe,
com
ber 22, 1910, $5,033.9-1.
The amendment was agreed to.
The next amendment was, on page 7. after linoTl, to insert:
The SccrXtary of the Treasury is authorized and directed to pay to
Emma Morris, widow of Frank II. Morris, late Auditor of the Treasury
for the War department, who lost his life on the 22d day of December
1900. while inYlic discharge of his ofiicial duties in tiie Winder Building.
$4,000, the sn\ie being equivalent to one year’s salary of the said
Frank II. Morrr
Mr. BRISTOW.
Mr. President, that is starting out on pay
For acquisition of sites and additions to sites for and to begin the ing civil employees of the Government a year’s salary when they
construction of public buildings and the extension/of public buildings,
preparation of plans, including personal services, authorized during die in office. Wioh very much regret, I feel that somebody ought
the third session of the Sixty-second Congress, so much therefor as may to make a point o\order against it.
be necessary is hereby appropriated.
Mr. WARREN,
f the Senator will allow me, does he remem-
The amendment was agreed to.
The next amendment was, under the, subhead “ Public Health
Service,” on page 9, after line 5, to insert:
Authority is hereby granted to use the sum of $2,100 of the amount
provided by the sundry civil act of March 4, 1911, “ For medical ex
aminations, care of seamen, care and treatment of all other persons en
titled to relief, and miscellaneous expenses other than marine hospitals,
which are not included under special heads,” for “ Freight, transporta
tion, and traveling expenses,” for yhe fiscal year 1912.
The amendment was agreed to.
Mr. STONE. I inquire whether amendments other than com
mittee amendments are now in order?
The PRESIDENT pro tempore. Unanimous consent was
given that the committee amendments should first be considered.
The reading of the bill was resumed.
The next amendment of the Committee on Appropriations
was, under the subhead “ Customs service,” on page 10, after
line 2, to insert:
To defray the expenses of a representative of the Treasury Depart
ment, to be designated by the Secretary of the Treasury, to the Inter
national Congress on Customs Itegulations, to convene at Taris in May,
1913, $2,000.
The amendment was agreed to.
The next amendment was, under the subhead “ Miscellaneous,
Treasury,” on page 10, after line 15, to insert:
Hereafter the Auditor for the Post Office Department shall not
assort and verify the money orders pertaining to postmasters’ issued
lists covering the period from January 1, 1912, to June 30, 1912:
P r o v i d e d . That the statements for said period and accompanying money
orders shall he retained as a part of the record of unpaid m
oney, orders
required by the act approved May 27, 1908.
Mr. BRISTOW. I should like to have the chairman of the
committee explain just what that amendment means.
Mr. WARREN. That is the amendment referring to the Post
Oftiee Department?
■ ■
her the cireumstau ?
Mr. BRISTOW.
and it was explained a year ago.
Mr. WARREN. T
man was shot dead in his chair while
doing duty, because he ad demoted a man. I have felt that it
was justice to the elai to include it in the bill. I knew something of the circumstan
Tlie Senate has acted favorably on
it as many as three tim
but so far we have not been able to
get the assent of the other ouse. I hope the Senator will leave
ce.
it in and let it go to conf
.Air. BRISTOW. I think
is a very had precedent to establisli. While I deeply regret to make points of order in cases
where it is so disagreeable as ife is here, I feel that it ought to be
done. It seems to me it is a dangerous tiling to begin, much as
regret the necessity of making the point.
Air. ROOT. Is there not a difference between the case of ,q
civil employee who simply dies during the period of his employ
ment and that of a man who is killed for doing his duty? Will
that make a precedent? It does not seem to me so. It seems
to me that differentiates the case from the ordinary one.
Air. BRISTOW. I have had the disagreeable duty of object
ing to a good many things, and I will withdraw the objection
for once.
Arr. WARREN. I hope a case of this kind will never happen
again. I am very glad the Senator has withdrawn the point of
order.
The PRESIDENT pro tempore. Tho point of order is with
drawn. The question is on agreeing to tho amendment.
The amendment was agreed to.
The reading of the bill was resumed.
The next amendment of the Committee on Appropriations was,
on page 11, after line 13. to insert:
For payment to Charles M. Campbell and Charles A. Davidson late
clerks of the courts of the United States for Indian Territory, for fees
1913
CONGRESSIONAL RECORD— SENATE.
The Secretary.
following:
Insert at the end of said amendment the
Which shall be made on or before March 4, 1914.
The PRESIDENT pro tempore. The question is on con
curring in the amendment of the House to the amendment of the
Senate.
The amendment of the House to the amendment of the Senate
was concurred in.
Mr. NEWLANDS. Mr. President, the vote on the conference
report on the river and harbor bill is fixed for half past 2. We
commenced the discussion at 10 minutes of 2, but almost all
the time has been taken up with other matters, and we will not
have any time to debate the conference report. I suggest that
other matters go over.
The PRESIDENT pro tempore. The conference report is now
before the Senate.
Mr. BOURNE. I move that the Senate further insist upon
its amendment numbered 2G, disagreed to by the House of Rep
resentatives; agree to the amendment of the House to the
amendment of the Senate numbered 25; agree to the further
conference asked for by the House on the disagreeing votes of
the two Houses thereon; and that the conferees on the part of
the Senate be appointed by the Chair.
The motion was agreed to; and the President pro tempore ap
pointed Mr. B ourne, Mr. Penrose, and Mr. B ank head con
ferees on the part of the Senate.
rivers and harbors bill conference report.
The Senate resumed the consideration of the report of the
committee of conference on the disagreeing votes of the two
Houses on the bill (II. R. 28180) making appropriations for
the construction, repair, and preservation of certain public
works on rivers and harbors, and for other purposes.
Mr. NEWLANDS. Mr. President, I have opposed the adop
tion of the conference report regarding the river and harbor
bill not because I wish to defeat the bill, but because I wish to
secure a disagreement in order to compel the House conferees
to present to the House itself two amendments offered by my
self and adopted by the Senate without a dissenting vote, em
bodying a policy which has been declared for in all the party
platforms. I never intended to press the discussion to a point
where the life of the bill would be endangered, and therefore
I have assented to this arrangement regarding a vote at half
past 2. I do not wish to take up the time of the Senate with
the discussion, but I urge the Senate to disagree to this report,
and thus compel the conferees of the House, who are acting as
the servants of the House, to submit to that body the considera
tion of this important question, which, as yet, the House has
not had an opportunity to act upon.
Mr. BURTON. Mr. President, I say with some reluctance
that I can not vote for the adoption of this report. The bill
contains too many objectionable items. It is a part of the
progress in the wrong direction which has been made in the
last three or four years. There have been many excellent fea
tures in the management of our public works in that time. The
engineers have made careful examinations, but we are going
far away from business principles. T e are making a great
V
multitude of appropriations for numerous rivers and harbors
and we are not pressing improvements to speedy completion.
Again, the selection of items here is too much made by favor.
If there is any strong pressure behind an item, I do not care
how objectionable it may be, it finds its way into this bill. I
do not believe, Mr. President, that the infirmities and defects
of legislative government have ever been more thoroughly illus
trated than by the form which these bills have assumed. When
a project is presented here the question is not will it help com
merce, but docs the locality want it? Does a Senator want it?
Do a sufficient number of Representatives want it? While the
proposition at first seemed to me startling—to leave these mat
ters to a commission—I do not know but that I shall become
a convert to that idea. It is impossible to resist a bill of this
kind. It may be full of objectionable items; it may be said
that a very large share of them will result in waste, and nothing
but waste, but if there is sufficient support, if there are enough
beneficiaries of this system, the bill goes through; and I think,
Mr. President, it is high time that we should call a halt.
Two amendments, one of which was put on last jear by the
Senate and rejected by the House, and the other put on this
year, are both in the right direction, because they look toward
a more thorough and careful examination of and more discrimi
nation in the selection of projects. I understand the main ob-1
jection in the House to the amendment No. 77 was that it pro
vides that the Secretary of V ar shall cause the Chief of En
S
gineers to make an examination of all projects hereto fore
adopted, the further improvement of which is not desirable o r .
4427
the expenditure upon which is out of proportion to the benefit
to be derived therefrom. There is no doubt that if a searching
examination were made, many of these projects would be aban
doned. We must face that question, and there is no one who
has a project in which he is interested but who should be will
ing to have it reexamined to determine whether further expendi
ture is desirable.
Mr. POINDEXTER. Mr. President-----The PRESIDENT pro tempore. Does the Senator from Ohio
yield to the Senator from Washington?
Mr. BURTON. I have finished. I only desired to say a few
words.
Mr. POINDEXTER. Mr. President, the amendment No. 77,
offered by the Senator from Nevada [Mi-. N ewlands ], provides
for a general and systematic survey of proposed waterway im
provements and regulation throughout the country. Amend
ment No. 78 provides for coordination of the various depart
ments of the Government connected with or concerned in water
way development and the cooperation o f the Government with
the various other parties, public and private, who are interested
or concerned in the improvement and control of rivers.
The statement which has just been made by the Senator from
Ohio [Mr. B urton] indicates -very forcibly the merit of these
proposed amendments to which the Senator from Ohio says he
has heretofore been opposed, but which he is now inclined to
favor. The appropriation of millions of dollars to build levees
on the lower Mississippi, a great alluvial stream, for the pur
pose of preventing the destruction of hundreds of millions of
dollars of farm property by floods, when those floods could be
controlled, in all probability, with little net cost, by a coordina
tion of the entire Mississippi River system, so far as its im
provement is concerned, by storing the flood waters at the head
of its tributaries, is like the old system of medicine, of treating
the symptoms of the disease instead of eradicating its cause.
If a private concern were the trustee for a great work such
as the United States is engaged in, of the improvement of the
rivers over a great continental domain such as is ours, there is
no modern business institution which would treat it as a series
of innumerable units, composed of congressional districts or of
municipalities, urging upon the Representative from each dis
trict the improvement of some particular project, but the whole
would be systematized. The experience of modern private busi
ness indicates that upon such a system and comprehensive co
ordination the capitalization could be increased 100 per cent in
the saving, in economy of administration, and in the increased
results of the work.
Mr. President, I am in favor of the passage of the bill, and,
consequently, I expect to vote for it, regardless of the adoption
or rejection of these amendments; but I take this occasion to
say that I approve the amendments, and should like to see them
adopted. I trust the Senator from Nevada will continue at
every opportunity in the future, as he has with so much persist
ency in the past, to urge this great business reform in the con
duct of the waterway interests of the Government.
Mr. CUMMINS. Mr. President, I do not intend to vote for
the bill, but my opposition to it is basal upon the error in what
I believe to be the system itself. I do not believe that there
ought to be any appropriation bill which combines appropria
tions for harbors and rivers. The problem of the development
or maintenance of our harbors and the problem of improving the
navigation or the commerce upon our rivers are different prob
lems. I do not believe there ought to be money expended in the
improvement of any river until a plan has been made and pre
sented to Congress that will show that when the improvement
is completed there can be and will be such cooperation—en
forced cooperation, if you please—between the traffic upon the
river and the traffic upon the land as will warrant the ex
penditure proposed.
The business to be done upon our inland rivers will never
justify the appropriations we are making for their improve
ment, unless the plan includes the transfer of freight from the
river bank to the railway station. It is utterly impossible to
create great traffic upon our rivers unless this commerce can
extend into the interior; and I, for one, do not believe in pour
ing out our money for the improvement of a river, the deepening
of its channel, until it is known that the commerce that floats
upon the river can find its way to the interior points over the
railways of the country. We have never reduced these improve
ments to that system.
I believe in the amendment proposed by the Senator from
Nevada [Mr. N ew lands ], The only objection I have to his
amendment is that it does not go far enough. I think that there
ought to be an intelligent consideration of the whole question;
that river by river should be taken up, and that when we begin
the improvement of a river we ought to know that the work will
4428-
/'
i
Hf
'* ,
4
'h^ ■
■: I
t
CONGRESSIONAL RECORD—SENATE.
m a w
: ir
i
go constantly forward to its completion, without waiting upon
The result was announced—yeas 45, nays 1(5, as follows\
the temper of Congress from session to session.
YEAS—45.
Smith. Md.
I can not give m.v support to this bill for the reasons I have Ashurst
Martino, N. J.
Clarke. Ark.
Smith. S. C.
Myers
Crawford
stated. I do not criticize the individual appropriations, because Bankhead
Smoot
Nelson
Dillingham
Bourne
I do not know whether or not they are warranted by the prac Brandegee
Oliver
Stone
Fletcher
Swanson
Paynter
tice heretofore prevailing. My complaint is against the prac Briggs
Foster
Penrose
Thornton
Ballinger
Bryan
tice itself.
Warren
Percy
Gamble
Burnham
Mr. CLAPP. Mr. President, I merely want to say a word Catron
Wet more
Poindexter
Gronna
Williams
Pomerene
Johnson. Me.
of congratulation to the Senator from Nevada [Mr. N e w l a n d s ]. Chamberlain
Johnston, Ala.
Sheppard
Chilton
It is true his amendment has not been kept in this bill, but I Clapp
Simmons
Jones
believe in the last few weeks he has made more progress with Clark,Wyo.
Smith, Ga.
Kavanaugh
this work than he has in the two or three years preceding this
NAYS— 1G
.
session, and I believe he is to be congratulated.
Lea
Page
Bristow
Gore
Newlands
Kenyon
Pittman
Mr. JONES. Mr. President, I desire to say only a word. I Burton
Kern
O'Gorman
Shively
am in favor of the substantial features of the amendment of the Cummins
Owen
e Thomas
*
La Follette
Fall
Senator from Nevada, but I do not feel justified in voting against
NOT YOTING—33.
the bill because they are not included in this conference report. Bacon
Dixon
Sutherland
McLean
Mr. KENYON. Mr. President, I voted against the public Borah
Martin. Va.
Tillman
,
du Pont
Gardner
Townsend
Bradley
Overman
buildings bill, and I shall vote against this bill, not only because
Guggenheim
Perkins
Wn tson
it should embrace the amendments of the Senator from Nevada, Brady
Webb
Hitchcock
Iteed
Brown
and does not do so, but I think both bills are a bad example of Crane
Richardson
Works
Jackson
Lippitt
Root
the “ pork-barrel ” method of appropriation, and I am going to Culberson
■
fCullom
Lodge
Smith, Mich.
vote against such methods so long as I remain in the Senate.
McCumber
Stephenson
Curtis
Mr. BllANDEGEE. Mr. President, there was a matter of
So the conference report was agreed to.
very deep interest to me put on this bill in the Senate. It is
Mr. NELSON. I move that the Senate take a recess until
on the bill no longer; but I am not the kind of a man who wants
/
r
to deprive other people of having the benefits of the bill. I shall 2 o’clock p. m. was agreed to; a.ndy (at 2 o’clock and 40 minutes
The motion
vote for the bill. I hope the next river and harbor bill, or some a. m„ Sunday, March 2, 1013) the Senate took a recess until
other legislation outside of the river and harbor bill, will con
tain something analogous to the proposition proposed by the 2 o’clock p: in.
Senator from Nevada. I tlink that will be better f~: the country,
NOMINATIONS.
as I stated when I voted for his amendment.
Mr. THOMAS. Mr. President, I merely want to say that I Executive nominations received 6y the Senate March 1, 1013.
heartily concur in every word and every sentence just expressed
P r o m o t io n s i n t h e A r m y .
b y th e junior Senator from Iowa [Mr. K e n y o n ].
CORPS OE ENGINEERS.
The PRESIDENT pro tempore. The hour of 2.30 o’clock
To he colonel.
having arrived, the vote will be taken. The question is on agree
Lieut. Col. Lansing IT. Beach, Corps of Engineers, from Feb
ing to the conference report.
ruary 27, 1013, to till an original vacancy.
Mr. CUMMINS. I ask for the yeas and nays.
To he lieutenant colonels.
The yeas and nays were ordered.
Mr. NEWLANDS. Is it in order for me to move as a sub
Maj. Clement A. F. Flagler, Corps of Engineers, from Feb
stitute that the report be disagreed to, and that these two ruary 27, 1013, to till an original vacancy.
amendments-----Maj. Chester Harding, Corps of Engineers, from February 27,
The PRESIDENT pro tempore. The only question before the 1913, l ice Lieut. Col. Lansing H. Beach, promoted.
Senate is, Will the Senate agree to the conference report? It
To he majors.
!
can not be amended under the rule of the Senate.
Capt. Gustave R. Lukesh, Corps of Engineers, from February
The Secretary proceeded to call the roll.
27. 1913. to fill an original vacancy.
Mr. BRIGGS (when his name was called). I have a general
Capt. John R. Slattery, Corps of Engineers, from February 27,
pair with the junior Senator from West Virginia [Mr. W a t s o n ]. 1913, to fill an original vacancy.
I transfer that pair to the junior Senator from Rhode Island
Capt. Curtis W. Otwell, Corps o f Engineers, from February
[Mr. L i p p i t t ] and will vote. I vote “ yea.”
27, 1913, to fill an original vacancy.
Mr. CHILTON (when his name was called). I have a gen
Capt. Hubert L. Wigmore, Corps of Engineers, from February
eral pair with the Senator from Illinois [Mr. C u l l o m ] . I 27, 1913, to fill an original vacancy.
transfer that pair to the senior Senator from Texas [Mr.
Capt. Albert E. Waldron, Corps of Engineers, from February
C u l b e r s o n ] and will vote. I vote “ yea.”
27, 1013, vice Maj. Clemeut A. F. Flagler, promoted.
Mr. CLARKE of Arkansas (when his name was called). I
To he captains.
have a pair with the junior Senator from Utah [Mr. S u t h e r
First Lieut. Alvin B. Barber, Corps of Engineers, from Feb
l a n d ].
I transfer that pair to the senior Senator from Vir ruary 27. 1013, to fill an original vacancy.
ginia [Mr. M a r t i n ] and will vote. I vote “ yea.”
First Lieut. William F. Endress, Corps o f Engineers, from
Mr. DILLINGHAM (when his name was called). I have a February 27, 1013, to fill an original vacancy.
general pair with the senior Senator from South Carolina [Mr.
First Lieut. Jarvis J. Bain, Corps of Engineers, from Feb
T i l l m a n ] ; but I am informed that on this question, if present, ruary 27. 1013, to fill an original vacancy.
he would vote “ yea.” Therefore I feel at liberty to vote. I
First Lieut. Thomas II. Emerson, Corps of Engineers, from
vote “ yea.”
February 27, 1913, vice Capt. Gustave R. Lukesh, promoted.
Mr. KERN (when his name was called). I have a general
First Lieut. Robert S. Thomas, Corps of Engineers, from Feb
pair with the junior Senator from Kentucky [Mr. B r a d l e y ]. ruary 27. 1913, vice Capt. John R. Slattery, promoted.
I transfer that pair to the Senator from Arizona [Mr. S m i t h ]
First Lieut. Roger G. Powell, Corps of Engineers, from Feb
and will vote. I vote “ nay.”
ruary 27. 1913, vice Capt. Curtis W. Otwell, promoted.
Mr. PAYNTER (when his name was called). I have a gen
First Lieut. John N. Ilodges, Corps of Engineers, from Febru
eral pair with the senior Senator from Colorado [Mr. G u g g e n ary 27. 1913, vice Capt. Hubert L. Wigmore, promoted.
h e i m ].
In his absence, I transfer that pair to the Senator from
First Lieut. Arthur R. Ehrnbeck, Corps of Engineers, from
North Carolina [Mr. O v e r m a n ] and will vote. I vote “ yea.”
February 27, 1913, vice Capt. Albert E. Waldron, promoted.
Mr. SMITH of South Carolina (when his name was called).
To he first lieutenants.
I have a general pair with the Senator from Delaware [Mr.
Second Lieut. Frederick S. Strong, jr., Corps of Engineers,
R ic h a r d s o n ] . I understand that if he were present he would
from February 27. 1913, to fill an original vacancy.
vote as I will vote. I vote “ yea.”
Second Lieut. Creswell Garlington, Corps of Engineers, from
The roll call was concluded.
Mr. SMITH of Georgia. I have a general pair with the junior February 27, 1913, to fill an original vacancy.
A p p o in t m e n t s i n t h e A r m y .
Senator from Massachusetts [Mr. C r a n e ] ; but I am advised
JUDGE ADVOCATE GENERAL’S DEPARTMENT.
that if he were present he would vote “ yea,” so I will vote.
I vote “ yea.”
Capt. Herbert A. White, Eleventh Cavalry, to be judge advo
Mr. SWANSON. I desire to announce that my colleague [Mr. cate with the rank of major, to fill a vacancy to be caused by
M a r t i n ] is paired with the Senator from Utah [Mr. S u t h e r the act making appropriation for the support of the Army for
l a n d ],
If he were present, he would vote “ yea.”
the fiscal year ending June 30, 1914.
n
1913.
CONGRESSIONAL E ECOED— SENATE.
Mr. LA FOLLETTE. I do not know that tlie general debate
Mr. BURTON. I understand the Senator from Minnesota
lias ended. We concluded debate here in an effort to get a received information in regard to this matter from the Com
quorum, and immediately thereafter the Senator from Ohio rose missioner of Navigation.
to offer an amendment. Before the Chair makes any ruling of
Mr. NELSON. Yes, sir.
that sort I want to enter in the R ecord the platforms of the
Mr. BURTON. On examining that section I am not so sure
Republican and the Democratic Parties with respect to this that it should be repealed. I think it had better be allowed to
proposed legislation.
remain.
The PRESIDENT pro tempore. The question is upon the
Mr. NELSON. The bill proposes to repeal it, and the Sena
amendment offered b y the Senator from Ohio [Mr. B u r t o n ] to tor’s motion is to strike out the two lines repealing the section.
the amendment, which will be stated.
The PRESIDENT pro tempore. The Secretary will read sec
The S e c r e t a r y . It is proposed to transfer all on page 30 to tion 5280 as requested.
page 37, following line 20.
The Secretary read as follows:
Mr. LA FOLLETTE. Upon that amendment to the amend
S e c . 5280. On application of a consul or vice consul of any foreign
government having a treaty with the United States stipulating for the
ment I ask to have read what I send to the Secretary’s desk.
restoration
made
stating that the per
The PRESIDENT pro tempore. Without objection the Sec son therein of seamen deserting, from ain writing, any such government,
named has deserted
vessel of
retary will read as requested.
while in any port of the United States, and on proof by the exhibition
of the register of the vessel, ship’s roll, or other official document, that
The Secretary read as follows:
REPUBLICAN TLATFORJI, 1912.
We favor the speedy enactment of laws to provide that seamen shall
not he compelled to endure involuntary servitude and that life and
property shall be safeguarded by the ample equipment of vessels with
life-saving appliances and with full complements of skilled, able-bodied
seamen to operate them.
DEMOCRATIC PLATFORM, 1912.
the person named belonged, at the time of desertion, to the crew of such
vessel, it shall be the duty of any court, judge, commissioner of any cir
cuit court, justice, or other magistrate, having competent power, to issue
warrants to cause such person to be arrested for examination. If, on
examination, the facts stated are found to be true, the person arrested
not being a citizen of the United States, shall be delivered up to the
consul or vice consul, to be sent back to the dominions of any such gov
ernment, or, on the request and at the expense of the consul or vice
consul, shall be detained until the consul or vice consul finds an oppor
tunity to send him back to the dominions of any such government. No
person so arrested shall be detained more than two months after his
arrest; but at the end of that time shall be set at liberty, and shall not
be again molested for the same cause.
We urge upon Congress the speedy enactment of laws for the greater
security of life and property at sea; and we favor the repeal of all
laws, and the abrogation of so much of our treaties with other nations,
as provide for the arrest and imprisonment of seamen charged with
desertion, or with violation of their contract of service. Such laws
and treaties are un-American and violate the spirit, if not the letter,
Mr. BURTON. Mr. President, tlie copy I have before me
of the Constitution of the United States.
shows that line and a half stricken out. It ought to be repealed,
The PRESIDENT pro tempore. The question is upon the
amendment submitted by the Senator from Ohio [Mr. B u r t o n ]
to the amendment of the committee.
The amendment to the amendment was rejected.
Mr. BURTON. I offer another amendment, which I sent
to the desk.
The S e c r e t a r y . On page 40 it is proposed to strike out
lines 1. 2, and 3, which read as follows-----Mr. BURTON. That goes with the other. The other one
not having been adopted, it is to be abandoned.
The PRESIDENT pro tempore. The Chair understands that
the Senator from Ohio withdraws the amendment to the
amendment.
Mr. BURTON. In view of the fact that the other amend
ment was not adopted, that one is abandoned.
The PRESIDENT pro tempore. The amendment to the
amendment is withdrawn.
Mr. BURTON. I now offer another amendment: On page
30. line G I move to strike out the word “ if,” after the word
,
“ that.”
The PRESIDENT pro tempore. The amendment to the
amendment will be stated.
The S e c r e t a r y . On page 39, line G it is proposed to strike
,
out “ if,” so that if amended it will read:
and I will ask the Secretary in what form the bill is as he
has it.
The PRESIDENT pro tempore. The bill as reported from the
committee contains those two lines as a part of the Senate com
mittee amendment.
Mr. BURTON. The lines ought to stay, and no amendment
is required. A copy had been handed me in which the lines are
erased. I withdraw the amendment.
Mr. FLETCHER. I am not quite sure that it is the effect of
this legislation to repeal that statute. However, it may be a
mere memorandum furnished the committee showing that that
provision o f the Revised Statutes stands repealed by this legis
lation.
Mr. BURTON. I think, Mr. President, it would be better to
take no chances on that. It is a section of the Revised Statutes
which is altogether obnoxious to the action we are seeking to
take in doing away with arrests for desertion. I will say to the
Senator from Florida that if there is any mistake it can be
arranged in conference; but. I should prefer not to run the risk
of allowing the lines to be stricken out, because the statute
might then remain
law.
Mr. SWANSON. ' Mr. President, I offer the amendment I
send to the desk.
The PRESIDENT pro tempore. The Senator from Virginia
That upon examination, under rules prescribed by the Department of offers an amendment which will be stated.
Commerce and Labor, etc.
The S ecretary . On page 18, line 5, section 14, of the House
The amendment to the amendment was agreed to.
text, strike out “ one barge ” and insert “ two barges,” so
Mr. BURTON. I now move, on page 42, to strike out lines that section 14 will read:
7 and 8. Those lines are unnecessary.
S e c . 14. That towing of m
ore than two barges or other vessels 50
The PRESIDENT pro tempore. The amendment will be miles or more,” etc.
Mr. SWANSON. Mr. President, I do not know any objection
reported.
The S e c r e t a r y . On page 42 it is proposed to strike out lines from any source to this amendment. The reason why I offer
7 and 8 in the following words:
it is because there will possibly be a vote between the bill
as reported by the committee of the Senate and the bill as
Section 5280, Revised Statutes, repealed.
The PRESIDENT pro tempore. The question is upon the passed by the House. If the House bill should pass by the
vote of the Senate, I should like to have that provision in i t ;
amendment offered by the Senator from Ohio to the amendment. and I think it is in order, because the committee reported to
Mr. CHAMBERLAIN. I rise to a parliamentary inquiry. I strike out all the House text and insert the provisions con
should like to know the effect of repealing that statute.
tained in the Senate committee bill. It would seem to me that
The PRESIDENT pro tempore. The Secretary will read the the text of the House bill ought to be perfected before the
amendment, and then the text as it would read if amended.
motion to strike out and insert is passed upon.
The S e c r e t a r y . On page 42 it is proposed to strike out lines
Mr. BURTON. Mr. President, I have decided objections to
7 and 8, the last two lines in the amendment, as follows:
that. There is no portion of the bill to which the seamen ob
Section 5280, Revised Statutes, repealed.
jected more than to allowing the towing of two barges.
Mr. SWANSON. I should like to say to the Senator___
Mr. CHAMBERLAIN. What is the statute that is sought to
Mr. NELSON. I make the point of order on the amendment,
be repealed?
The PRESIDENT pro tempore. The Senator from Ohio can and I think the Senator from Virginia will agree with me. We
are now considering the substitute. That should be first
probably inform the Senator from Oregon as to that
Mr. BURTON. The Senator from Minnesota [Mr. N e l s o n ] amended, and after that, if the substitute is voted down, then
the Senator’s amendment would be in order.
is more familiar with it than I am.
Mr. NELSON. I suppose the matter is not open to debate;
The PRESIDENT pro tempore. The point of order is not
sustained. It is entirely proper to perfect the original text.
but 1 ask to have the section of the statute read.
The PRESIDENT pro tempore. Without objection it will be
Mr. SWANSON. So far as the remark of the Senator from
read. The Chair will entertain debate until the hour of 8 Ohio is concerned, I will say that the seamen who favor this
bill came to see me and stated that they have no objection to
o’clock, without objection.
Mr. NELSON. Lines 7 and S repeal that statute; and the section 14 going out. If I mistake not the Senate committee
bill itself strikes it all out. The only objection to having this
motion is to strike out those lines.
4584
CONGRESSIONAL RECORD— SEN ATE.
March 2
amendment made is to try to set for the Senate bill tlie support
The Secretary. On page IS of the House text, line 5, strike
of those who want two barges. I can see no purpose on ike out ‘‘ one barge” and insert “ two barges,” so as to read:
part of the Senator from Ohio except to give the Senate bill
S ec. 14. That towing o f more than two barges or other vessels .V
O
a strength it otherwise would not have. There has not been miles or more through the open sea is hereby prohibited, unless such
barges or vessels so towed are provided with sail or other motive power
any loss of life whatever by towing two barges instead of one and a crew sufficient to manage such barges or vessels.
on all the rivers and in all the lumber business all over the
The amendment was rejected.
United States where it is conducted by means of barges. To
’The PRESIDENT pro tempore. The bill is as in Committee
compel simply one barge instead of two to be towed would of the Whole, and the question is on agreeing to the amend
be an absolute disadvantage to that business.
ment reported by the committee.
Mr. BURTON. This is a perfectly simple proposition. It
Mr. BURTON. There is one further amendment that I desire
was discussed at very considerable length before the com to offer. In line 19. on page .> I move to strike out tiie words
’ 6,
mittee. The bill as it passed the House provided that not “ in each department.” It is a verbal correction.
more than one barge should be towed unless the barges were
The PRESIDENT pro tempore. The amendment to tiie
furnished with propelling power, sails or otherwise. Those amendment will be stated.
interested in these barges appeared before the committee and
The S e c r e t a r y . On page 36, line 19, before the word “ shall,”
objected to that provision. They said they were willing, how strike out tiie words “ in each department,” so as to read:
ever, to have two instead of limiting it to one. To that the
Unless the crew shall include a sufficient number of seamen who un
seamen strenuously objected. ' It was recognized, however, that derstand the languages of both officers and crew, etc.
there were many Senators who wore opposed to that limitation.
The amendment to the amendment was agreed to.
Hence the Senate committee, w
ritli the reluctant consent of
Mr. LA FOLLETTE. On page 20, iine 17, I move to strike
the seamen but wdthout opposition certainly from those who out the words “ and property,” after the word “ life.”
favored the use of barges, agreed on tbe provision which is
The PRESIDENT pro tempore. The amendment to the
now section 16. Section 16 contains no limitation, but does amendment will be stated.
provide for a record being made of the loss of life and a report
The S e c r e t a r y . On page 20, line 17, after the word “ life,”
to Congress by the officer to whom such records on loss o f life strike out the words “ and property,” so as to read:
are transmitted.
For
the vessel or
I should most decidedly object, however, to the insertion of the aboard the safety of in jeopardy. her cargo or for the saving of life
other vessels
provision that there shall be two barges allowed wdthout pro
The amendment to the amendment was agreed to.
pelling power, because I regard that kind of navigation as
Mr. LA FOLLETTE. On page 20, after the word “ Thanks
exceedingly dangerous to human life. Those who are inter giving,” in line 22, I move to insert the words “ election day,”
ested in tiie use of barges, I may repeat, preferred the form and to insert after the words “ election day ” a comma, so that
as it is in the Senate committee bill. The seamen did not like election day shall stand in that enumeration as one of the
it, but thought it better than to allow two barges.
holidays for seamen.
Mr. SWANSON. As I understand the Senator from Ohio,
Tiie PRESIDENT pro tempore. The amendment will be
then, the Senate bill strikes out section 14 entirely?
stated.
Mr. BURTON. It places no limitation on the use of those
Mr. BRANDEGEE. I ask the Senator whether that would
barges.
include municipal or State elections, or other elections besides
Mr. SWANSON. I will accept an amendment to make no National elections?
limitation, and let section 14 go out of tbe House text.
Mr. LA FOLLETTE. I will just leave it “ Election Day.”
Mr. BURTON. I think it might as well go out as to appear
The PRESIDENT pro tempore. The amendment to the
in the form in which it is in the Senate committee bill, for I amendment will be stated.
really consider this to be a kind of navigation where there is
The Secretary. On page 20, line 22, after the word “ Thanks
serious danger to human life. The barges are frail, their draft giving,” insert the words “ election day,” so as to read:
is slight, and to allow them to go out to- sea is like sending
While the vessel is in a safe harbor no seaman shall be required to
out a ready-made coffin. I should decidedly object to allowing do any unnecessary work on Sundays or tbe following-named legal
holidays: New Year's Day, Washington’s Birthday, Good Friday, the
two barges. In view of the strenuous opposition to the para Fourth of July, Labor Day, Columbus Day, Thanksgiving, Election
graph as it passed the House, the seamen consented that the Day, and Christmas.
form as it appears in the Senate bill should remain.
The PRESIDENT pro tempore. The question is on agree
Mr. SMITH of Maryland. In regard to the bill as proposed ing to the amendment to the amendment. [Putting the ques
by the Senate committee, I have no objection in so far as this tion.] By the sound the noes appear to have it.
barge matter is concerned-----Mr. LA FOLLETTE. I will ask for a division. I think sea
Mr. LA FOLLETTE. Will the Senator from Maryland yield men should be permitted to attend elections.
The PRESIDENT pro tempore. The Chair will put the ques
to me for just a moment?
Mr. SMITH of Maryland. Certainly, although I should like tion again by sound.
The amendment to the amendment was agreed to.
to finish the sentence. I say I have no objection, becaxrse there
Mr. LA FOLLETTE. On page 21, line 6, after the word
is going to be an investigation to disclose whether there is any
trouble or defect in the present system of towing barges. To “ yachts,” I move to strike out the balance o f line 6, and all
that I have no objection. Now I will yield to the Senator from of line 7 and all of line 8 up to and including the word “ hours ”
on line 8.
Wisconsin.
The PRESIDENT pro tempore. The Senator will insert
Mr. LA FOLLETTE. I was going to say that I think I am
in a position to know the views of the seamen upon this “ or ” before “ yachts ” ?
Mr. LA FOLLETTE. That is right.
amendment, and I state without any hesitation that I believe
The S ecretary . On page 21, line 16, before the word
it to be tbeir idea that it is a matter of small consequence.
Other things are of greater moment and importance to them “ yachts,” insert “ or,” and after the word “ yachts ” strike
than is this provision. Even though this be stricken out in out “ vessels of less than 300 gross tons or vessels whose reg
whole, if the Senate bill can be radically changed or the House ular schedule between terminal ports does not exceed 24 hours,”
bill passed, they will accept it as some amelioration o f the hard so as to read:
But this section shall not apply to fishing or whaling vessels or
conditions under which they have been obliged to prosecute
yachts.
their livelihood.
The PRESIDENT pro tempore. The question is on the
Mr. SMITH of Maryland. I will say to the Senator from amendment to the amendment. [Putting the question.] The
Wisconsin that I am not opposing-----noes appear to have it.
Mr. LA FOLLETTE. I understand that.
Mr. LA FOLLETTE. LT
po:i that question I demand the yeas
Mr. SMITH of Maryland. Except that I wanted to say in and nays.
regard to this matter-----The yeas and nays were ordered, and the Secretary proceeded
The PRESIDENT pro tempore. The hour has arrived-----to call the roll.
Mr. SMITLI of Maryland. The fact is that the present law
Mr. BRIGGS ( when his name was called). I have a general
allows three barges to be towed.
pair with the senior Senator from West Virginia [Mr. W a t
The PRESIDENT pro tempore. The hour for voting has s o n ]. I transfer that pair to the junior Senator from Rhode
arrived, and no further debate can be entertained under the Island [Mr. L i p p i t t ] and vote. I vote “ nay.”
unanimous-consent agreement. The question is on agreeing to
Mr. CHILTON (when his name was called). I have a gen
the amendment offered by the Senator from Virginia [Mr. eral pair with the Senator from Illinois [Mr. C t ile o m ] . A s h e
S w a n s o n ] to the House text. The amendment will be stated. is not present, I withhold my vote.
CONGRESSIONAL RECORD— SENATE.
1913.
Mr. CLARKE of Arkansas (when his name was called). I
have a general pair with the junior Senator from Utah [Mr.
S u t h e r l a n d ].- He is not present, and I withhold my vote.
Mr. CURTIS (when his name was called). I am paired
with the senior Senator from Indiana [Mr. S h i v e l y ] and
therefore withhold my vote.
Mr. DU PONT (when his name was called). I have a gen
eral pair wth the senior Senator from Texas [Mr. C u l b e r s o n ].
As he is not in the Chamber, I will withhold my vote.
Mr. NELSON (when his name was called). I have a gen
eral pair with the senior Senator from Georgia [Mr. B a c o n ]
and withhold my vote. This announcement will apply to all
the votes on this bill.
Mr. PAYNTER (when his name was called). I have a gen
eral pair with the senior Senator from Colorado [Mr. G u g
g e n h e i m ].
I understand that he has not voted. I transfer my
pair to the Senator from Louisiana [Mr. T h o r n t o n ] and vote
“ nay.”
The roll call was concluded.
Mr. KERN. I desire to announce that the Senator from
Colorado [Mr. T h o m a s ] is paired with the Senator from
Maryland [Mr. J a c k s o n ] . I will transfer my pair with the
Senator from Kentucky [Mr. B r a d l e y ] to the Senator from
Oklahoma [Mr. G o re ] and vote. I vote “ ’yea-”- ..
Mr. CURTIS. I wish to announce that the Senator from
Michigan [Mr. S m i t h ] is paired with the Senator from Missouri
[Mr. R eed ].
Mr. BRISTOW. I was requested to state that the senior
Senator from Alabama [Mh B a n k h e a d ] and the senior Senator
from Oregon [Mr. B o u r n e ] are detained from the Chamber on a
conference committee.
Mr. POINDEXTER. The senior Senator from Michigan [Mr.
S m i t h ] is absent on account o f illness. He is paired with the
junior Senator from Missouri [Mr. R eed ].
The result was announced-—yeas 24, nays 37, as follows:
Ashurst
Borah
Brady
Bristow
Chamberlain
Clapp
Fall
Gronna
Kenyon
Kern
La Follette
Lea
YEAS—24.
Martino. N. J.
Myers
Page
Pittman
Poindexter
Pomerene
NAYS—37.
Brandegee
Briggs
Bryan
Burnham
Burton
Catron
Clark, Wyo.
Crane
Crawford
Cummins
Bacon
Bankhead
Bourne
Bradley
Brown
Chilton
Clarke, Ark.
Culberson
Cullom
So Mr. L a
jected.
Sheppard
Smith, Ariz.
Smith, S. C.
Stone
Williams
Works
4585
The PRESIDENT pro tempore. The Senator from Washing
ton will state his parliamentary inquiry.
Mr. POINDEXTER. My understanding of the amendment
upon which the yea-and-nay vote was taken was to strike out,
in line G beginning with the word “ vessels,” and lines 7 and 8,
,
down to and including the word “ hours.” I should like to in
quire if that is the case?
The PRESIDENT pro tempore. That matter has been dis
posed of. The Chair will say it can be renewed when the bill
goes to the Senate, if it is desired to do so.
Mr. LA FOLLETTE. If the Senator has addressed (he ques
tion to me I will state that is the amendment I offered, and
which was voted down upon the roll call.
The PRESIDENT pro tempore. The Senator from Iowa
offers an amendment to the amendment, which will be stated.
The S e c r e t a r y . On page 30, strike out from line 4 to line 13,
inclusive, in the following words:
Ninth. For each refusal or willful neglect to engage in boat or fire
practice or drill, and for each refusal when engaged in boat drill, and
so directed by the master, to efficiently assist in launching the ship's
lifeboats the seaman shall he deemed guilty of a misdemeanor, and
shall be punished by imprisonment for not more than one year and by
forfeiture of all wages earned : P r o v i d e d , Thai/ no boat or fire drill
shall be called for the purpose of preventing the m from quitting the
en
service. The provisions of this section shall apply to all merchant
vessels of the United States.
Mr. BURTON. To save time, I will state that I shall not
object to the amendment to the amendment.
The amendment to the amendment was agreed to.
Mr. LA FOLLETTE. On line 20, page 33, after Ihe word
“ employment,” I move to strike out the remainder of that line
Vud all of lines 21, 22, 23, and 24 on that page, and lines 2 and
3 on page 34 down to and including the word “ shipped.”
'The PRESIDENT pro tempore. The amendment will he
stated.
The S e c r e t a r y . On page 33, beginning with line 20, with the
word “ or,” strike out the following:
Or shall by any threat or force dissuade or prevent or endeavor to
dissuade or prevent any person from taking employment on board any
vessel, or shall by any threat or force dissuade or prevent or endeavor
to dissuade or prevent any person from remaining in the service of any
vessel on which he has shipped, or by any threat or force induce or
compel any person tp disregard or disobey any lawful order or orders of
the master or other licensed officer of the vessel on which he is shipped.
Dillingham
Kavanaugh
Perkins
The PRESIDENT pro tempore. The question is on agreeing
Dixon
Lodge
Richardson
Fletcher
McCumber
Boot
to the amendment to the amendment. [Putting the question. |
Foster
McLean
Simmons
The jioes appear to have it.
Gallinger
Newlands
Smoot
My. LA FOLLETTE. I will ask for a division,
Gamble
O’Gorman
Tillman
Oliver
Hitchcock
Wetmore
Mr. MARTINE of New Jersey. I ask for the yeas and nays.
Paynter
Johnson, Me.
Tue yeas and nays were ordered, and the Secretary proceeded
Johnston, Ala.
Penrose
to /a ll the roll.
Percy
Jones
Mr. BRIGGS (when his name was called). I have a general
NOT VOTING—34.
Overman
Swanson
pair with the Senator from West Virginia [Mr. W a t s o n ] . I
Curtis
Owen
Thomas
du Pont
/v ill transfer that pair to the junior Senator from Rhode Island
H
eed
Thornton
Gardner
[Mr. L i p p i t t ] and vote. I make this announcement for the day.
Shively
Townsend
Gore
Smith, Ga.
I vote “ nay.”
Warren
Guggenheim
Smith, Md.
Watson
Jackson
Mr. CHILTON (when his name was called). I again an
Smith, Mich.
Webb
Lippitt
nounce my pair with the Senator from Illinois [Mr. C u l l o m ],
Stephenson
Martin, Ya.
Sutherland
Nelson
and withhold my vote.
✓
Mr. CLARKE of Arkansas (when his name was called). I
Follette’s amendment to the amendment was re
Mr. LA FOLLETTE. I move t o -strike out after the word
“ ton,” in line 7, on page ^1, the remainder of line 7 and all of
line 8 in the following words: “ Or vessels whose regular sched
ule between terminal ports does not exceed 24 hours.”
The amendment to the amendment was rejected.
Mr. LA FOLLETTE. On page 30 I wish to offer an amend
ment. I am not certain but that the Senator from Iowa [Mr.
Cu m m ins ] proposes to move to strike out the entire provision.
If so, I will waive proposing my amendment.
Mr. CUMMINS. Mr. President-----Mr. POINDEXTER. A parliamentary inquiry.
Mr. CUMMINS. I move to strike out the entire subdivision,
beginning in line 4, on page 30.
Mr. POINDEXTER. My parliamentary inquiry is----- Mr. CUMMINS. Mr. President, I desire to state my amend
ment.
’
/
The PRESIDENT pro tempore. The Senator from Iowa is
recognized
Mr. POINDEXTER. I should like to make a parliamentary
inquiry.
Mr. CUMMINS. Will the Senator allow me to state my
amendment? Then I will yield.
Mr. POINDEXTER. Certainly.
Mr. CUMMINS. My amendment is to strike out subdivision
0, on page 30, lines 4 to 13, inclusive. I am sorry I interrupted
the Senator from Washington.
again announce my pair with the junior Senator from Utah
[Mr. S u t h e r l a n d ]. I will let this announcement stand for the
day.
Mr. CURTIS (when his name was called). I again announce
my pair with the senior Senator from Indiana [Mr. S h i v e l y ]
and withhold my vote. I will let this announcement stand for
the night.
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 ].
I transfer that pair to the senior Senator from Nebraska [Mr.
B r o w n ] and v o te “ nay.”
Mr. PAYNTER (when his name was called). I transfer my
pair with the Senator frotn-Mlolorado [Mr. G u g g e n h e im ] to
the Senator from Louisiana [Mr- T h o r n t o n ] and vote “ nay.”
The roll call was concluded.
Mr. KERN. I again announce the unavoidable absence of (be
Senator from Colorado [Mr. T h o m a s ] . He is paired with the
Senator from Maryland [Mr. J a c k s o n ]. I will allow Ibis an
nouncement to stand for the evening.
The result was announced—yeas 28, nays 40, as follows:
Ashurst
Borah
Bristow
Chamberlain
Clapp Cummins
Dixon
Fall
Gardner
Jones
Kenyon
Kern
La Follette
Lea
YEAS—28.
Martino, N. J.
Myers
Owen
l’ittman
Poindexter
Pomerene
Sheppard
Smith, Ariz.
Smith, S. C.
Tillman
Watson
Webb
Williams
Works
^
CONGRESSIONAL RECORD— SENATE.
Bradley
Brady
Brandegee
Briggs
Bryan
Burnham
Burton
Catron
Clark, Wyo.
Crane
/
/
Bacon
Bankhead
Bourne
Brown
Chilton
Clarke, Ark.
Culberson
NAYS—40.
Johnston, Ala.
Crawford
1tiliingham
Kavanaugh
Lodge
du l’ont
Fletcher
McCumber
McLean
Foster
Ballinger
O'Gorman
Gamble
Oliver
Gronna
Overman
Hitchcock
Page
Johnson, Me.
Paynter
NOT VOTING—27.
Cullom
Nelson
Curtis
Newlands
Gore
Reed
Guggenheim
Shively
Smith, Ga.
Jackson
Smith, M
d.
Lippitt
Smith, Mich.
Martin, Ya.
March 2
Mr. LA FOLLETTE. On page 37, in line LI, I move to strike
out of the committee amendment the words “ the master ” and
to insert in lieu thereof “ the board of local inspectors.”
The PRESIDENT pro tempore. The amendment proposed by
the Senator from Wisconsin to the amendment of the committee
will be stated.
The S e c r e t a r y . On page 37, line 31, it is proposed to strike
'out the words “ the master” and insert in lieu thereof the
words “ the hoard of local inspectors,” so that if amended it
will read:
Fenrose
Percy
Perkins
Richardson
Root
Simmons
Smoot
Stephenson
Stone
Wetmore
Sutherland
Swanson
Thomas
Thornton
Townsend
Warren
A seaman shall be entitled to the rating of efficient lifeboat hand who
[. has shown by practical test to the satisfaction of the board of local
f inspectors that he is qualified to perform any duty required in the
I launching and handling of lifeboats, etc.
.
Mr. LA FOLLETTE. Upon that amendment to the amend
ment I ask for the yeas and nays.
So Mr. L a F o ll e t t e ' s a m e n d m e n t to th e a m e n d m e n t w a s r e
The yeas and nays were ordered, and the Secretary proceeded
jected.
to call the roll.
M’\ LA FOLLETTE. On page 36, in line 19, I move to
Mr. CHILTON (when his name was called). I again an
strike out, beginning with the word “ unless,” the balance of nounce my pair with the Senator from Illinois [Mr. C u l l o m ],
that line and all of lines 20, 21, 22, 23, 24, and 25, on that page, and withhold my vote.
and all of lines 1 and 2 on page 37.
Mr. DU PONT (when his name was called). I have a general
The PRESIDENT pro tempore. The amendment will be pair with the senior Senator from Texas LMr. C u l b e r s o n ]. A s
stated.
he is not present, I withhold my vote.
The S e c r e t a r y . On page 36, line 19, beginning with the word
Mr. PAYNTER (when his name was called). I again trans
“ unless,” strike out the following words:
fer my pair with the senior Senator from Colorado [Mr. G u g
unless tlie crew shall include a sufficient number of seamen who under g e n h e i m ] to the Senator from Louisiana [Mr. T h o r n t o n ] and
stand the languages of both officers and crew, through whom the orders
of the officers may be communicated in a manner to be readily under vote. I vote “ nay.”
stood by the seamen, in any department, to whom such orders are
The roll call was concluded.
given. The number of seamen through whom the orders of the officers
Mr. DU PONT. I transfer my pair with the senior Senator
may be transmitted shall not be less than the number of lifeboats such
vessel is required to carry, and at least one of such seamen shall be from Texas [Mr. C u l b e r s o n ] to the senior Senator from
assigned to each lifeboat.
Nebraska [Mr. B r o w n ], and will vote. I vote “ nay.”
The result was announced—yeas 35, nays 30; as follows:
The amendment to the amendment was rejected, there being,
on a division, ayes 17, noes 37.
YEAS—35.
Mr. LA FOLLETTE. Mr. President, on page 37, line 3, I Ashurst
Fall
McCumber
Poindexter
Gronna
Martine, N. J.
Borah
Pomerene
move to strike out the words “ carrying passengers.”
Hitchcock
Myers
Brady
Sheppard
The PRESIDENT pro tempore. The amendment proposed by Brandegee
Johnston, Ala
Newlands
Smith, Ariz.
the Senator from Wisconsin to the amendment of the com Bryan
Jones
O’Gorman
Stone
Owen
Kenyon
Chamberlain
Webb
mittee will be stated.
Kern
Page
Clapp
Williams
The Secretary. On page 37. line 3, it is proposed to amend Cummins
Perkins
La Follette
AVorks
Pittman
the committee amendment by striking out the words “ carrying Dillingham
Lea
NAYS—30
passengers,” so that it will read:
No vessel, except those navigating rivers exclusively.
-f"
*- ■
f
I
The PRESIDENT pro tempore. The question is on the
amendment to the amendment. [Putting the question.] The
“ ayes ” appear to have it.
Mr. BURTON. I ask for the yeas and nays, Mr. President.
The yeas and nays were ordered, and the Secretary proceeded
to call the roll.
Mr. CHILTON (when his name was called). I again an
nounce my pair with the Senator from Illinois [Mr. C u l l o m ],
and 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 ] , and
therefore withhold my vote.
Mr. PAYNTER (when his name was called). I transfer my
general pair with the Senator from Colorado [Mr. G u g g e n h e im ]
to the Senator from Louisiana [Mr. T h o r n t o n ] and vote. I
vote “ yea.”
The roll call having been concluded, the result was an
nounced—yeas 47, nays 16, as follow s:
Bradley
Briggs
Bristow
Burnham
Burton
Catron
Clark, Wyo.
Crane
Bacon
Bankhead
Bourne
Brown
Chilton
Clarke, Ark.
Culberson
Cullom
Crawford
Kavanaugh
Lodge
Dixon
McLean
du Pont
Oliver
Fletcher
Foster
Overman
Galiinger
Paynter
Gardner
Percy
Johnson, Me.
Richardson
NOT VOTING—30.
Curtis
Tenrose
Reed
Gamble
Gore
Shively
Guggenheim
Smith, Ga.
Smith, Md.
Jackson
Smith, Mich.
Lippitt
Sutherland
Martin, Va.
Nelson
Swanson
Root
Simmons
Smith, S. C.
Smoot
Stephenson
Wetmore
Thomas
Thornton
Tillman
Townsend
Warren
Watson
So the amendment of Mr. L a F o ll e tte to the amendment of
the committee was agreed to.
Mr. LA FOLLETTE. Mr. President, on page 39, line 1, I
move to strike out the words “ carrying passengers for hire,”
because one life is worth as much as another.
The PRESIDENT pro tempore. The amendment proposed by
the Senator from Wisconsin to the amendment of the committee
will be stated.
The S e c r e t a r y . On page 39, line 3, it is proposed to strike
‘j
out the words “ carrying passengers for hire,” so that if
! amended it will read:
YEAS—47.
Hitchcock
Sheppard
Marline, N. J.
Johnson, M
e.
Smith, Ariz.
Myers
Johnston, Ala.
Newlands
Smith, Ga. »
Jones
O’Gorman
Smith, S. C.
Kavanaugh
Overman
Smoot
Kenyon
Owen
Stephenson
No vessel, except those navigating rivers exclusively, shall depart
Kern
Page
Stone
from any port of the United States unless she shall have as part of
Paynter
La Follette
Tillman
her crew a sufficient number of wheelsmen or quartermasters, etc.
Lea
Perkins
Webb
Lodge
Poindexter
Williams
The amendment to the amendment was agreed to.
McCumber
Pomerene
Works
Mr. LA FOLLETTE. On page 39, line 15, after the word
McLean
Root
; “ yachts,” I move to strike out the remainder of that line, all
NAYS—16.
of line 16, and line 17 to and including the word “ hours,” in
Burton
Crawford
Gardner
Brady
Catron
Fletcher
Oliver
Brandegee
that line.
Clark, Wyo.
Galiinger
Richardson
Briggs
The PRESIDENT pro tempore. The amendment proposed
Gamble
Crane
Wetmore
Burnham
by the Senator from Wisconsin to the amendment of the com
NOT VOTING—32.
mittee will be stated.
Nelson
Smith, M
ich,.
Curtis
Bacon
The S e c r e t a r y . On page 39, in line 15, beginning with the
Penrose
du Pont
Sutherland
Bankhead
Percy
word “ vessels,” it is proposed to strike out the following
Foster
Swanson
Bourne
Pittman
Gore
Thomas
Brown
words:
Guggenheim
Reed
Thornton
Chilton
Vessels of less than 300 gross tons, or vessels whose regular schedule
Shively
Jackson
Townsend
Clarke. Ark.
between terminal ports does not exceed 12 hours.
Simmons
Lippitt
Warren
Culberson
Smith, Md.
Martin, Va.
Cullom
AVatson
The PRESIDENT pro tempore. The question is on the
So the amendment of Mr. L a F ollette to the amendment of I amendment to the amendment. [Putting the question.] By the
Asmirst
Boralt
Bradley
Bristow
Bryan
Chamberlain
Clapp
Cummins
Dillingham
Dixon
Fall
Gronna
the committee was agreed to.
sound the “ noes” appear to have it.
CONGRESSIONAL RECORD— SENATE.
19 U
132, insist upon its amendments disagreed to by tlie House, quested to take such action as may be necessary to have the Publicity
mails, as second-class’ matter.
agree to the. conference asked for by the House on the disagree Pamphlet admitted to thethe 15tli day of February, 1913.
Adopted by the Senate
ing votes'of the two Houses thereon, the conferees on the part
.1. .7. M cA lestf.r ,
P r e s id e n t o f th e S en a te.
of the Senate to be appointed by the Chair.
Attest:
The motion was agreed to; and the President pro tempore
N f d M c D aniel ,
.
S e c r e ta r y o f th e S en a te.
appointed Mr. C u r t i s , Mr. S m o o t , and Mr. S m i t h of Maryland
^Adopted by the house of representatives the 21st day of February,
conferees on the part of the Senate.
.T H. Maxev.
.
DEMOTION OF WILLIAM HALL AND OTHERS.
The PRESIDENT pro tempore laid before the Senate a com
munication from the Postmaster General, transmitting, in re
sponse to a resolution of December 4, 1912, the correspondence
in the Post Office Department relating to the demotion in 1911
of William Hall, C. II. .Erwin, R. E. Erwin, J. J. Negley, and
E. P. Rodman*clerks in the Railway Mail Service, which, with
the ijj»mtpWTn p papers, was referred to the Committee on
Post Offices and Post Roads and ordered to be printed.
Mr. OWEN. I present a concurrent resolution adopted by
the Legislature of Oklahoma, which I ask may be printed in the
R ecord and referred to the Committee on Public Lands.
There being no objection, the concurrent resolution was re
ferred to the Committee on Public Lauds and ordered to be
printed in the R ecord, as follows:
Senate concurrent resolution 16.
Whereas tlie report of the General Land Office at Washington, D. C., of
July i 1012, shows that there Is 39,525 acres of unappropriated and
unreserved public lands in the State of Oklahoma; and
Whereas the character of this land is such that it is not suitable foi
agricultural purposes and consists principally of isolated tracts, and
Whereas the same has been subject to homestead entry since the open
ing of this country in the years 1889, 1891, and 183o, and no entnes
have been made thereon; and
......
.
Whereas the lands above mentioned are now under the jurisdiction ot
the United States land office of Oklahoma; and
Whereas it will cost the United States Government practically as m
uch
money to finally dispose of said lands as same are now worth ; and
Whereas chapter '112. Session Laws of Oklahoma, 1911, created a fund
known as Consolidated school district fund ” and set aside section
38 in original Greer County as it existed on November 15, 1907, and
all lands selected in lieu thereof, for the benefit of this fund; and
Whereas the value of this land as shown by the recent appraisement
and including that which has been sold is $406,433; and
Whereas this fund is inadequate to assist in building schoolhouses as
contemplated by the le g is la tu r e : Therefore
( th e h o u s e o f r e p r e s e n t a t i v e s c o n c u r r in g
t h e r e i n ) , That the Congress of the United States of America be requested
and memoralized to grant to the State of Oklahoma for the use and
benefit of the consolidated public schools of said State all of the land
Ivin”1 within said State which is unappropriated and all land upon
m hereafter be canceled and all other land w
ay^
diicli might now be or
may hereafter be cancelled and all other land which might now be or
may hereafter become vacant. Be it further
R e s o l v e d 'that a copy of this resolution be forwarded to the Secre
tary of the United States Senate, a copy to the Clerk of the House of
Representatives a copy to the General Land Office, and a copy to each
of the Representatives in Congress from the State of Oklahoma.
Adopted by the senate the 15th day of February, 1913.
1
C. B. Kendrick,
P r e s id e n t P r o
Attest:
,
„
T em p ore
of
th e S en a te.
,
N ed M c D a n ie l , S e c r e t a r y , o f t h e S e n a t e .
Adopted bv the house the 21st day of February, 1913.
J. H. M axicv,
S p eaker o f th e llo u s e .
Attest:
Gus
State
of
P ool , C h i e f Cleric o f t h e H o u s e .
Oklahom a, s s .
N ed M c D a n ie l ,
S e c r e ta r y o f th e S en a te.
Mr. OWEN. I present a concurrent resolution adopted by the
Legislature of Oklahoma, which I ask may be printed in the
R ecord and referred to the Committee on Post Offices and Tost
Roads.
There being no objection, the concurrent resolution was re
ferred to the Committee on Post Offices and Post Roads and
ordered to be printed in the R ecord , as follow s:
Senate concurrent resolution 18.
A resolution requesting our Senators and Representatives in Congress to
secure second-class postage rates for the Publicity Pamphlet.
Whereas Oklahoma is fully committed to the policy of the “ people’s
rule” in its highest and best sense; and
Whereas the best results can be hoped for only when the people are
fully and correctly informed as to the measures upon which they are
„ to cast their ballots; and
„
. . „
....
whereas the method of distributing the Publicity Pamphlet heretofore
used has not given satisfaction : Therefore be it
R e s o l v e d b y t h e O k la h o m a S t a t e S e n a t e ( t h e H o u s e o f R e p r e s e n t a
t i v e s c o n c u r r i n g t h e r e i n ) , That the Senators and Congressmen from tills
State be each furnished a copy of this resolution and that they be re
-289
s:
s
Gi;s T ool ,
C h i e f Cleric o f t h e H o u s e .
I, Ned McDaniel, the duly elected and qualified secretary of tlie Senate
of the State of Oklahoma, hereby certify that the above and foregoing
is a full, true, correct, and complete copy of senate concurrent resolu
tion 18 as the same appears of record in my office.
In witness whereof I have hereunto set’ my hand this 25th dav of
February, 1913,
,
s
Mr. BRANDEGEE presented a memorial of sundry citizens
of New Britain, Conn., remonstrating against any appropria
tion being made for the celebration of the 100 years of peace
with Great Britain, which was ordered to lie on the table.
He also presented a petition of Local Grange, Patrons of
Husbandry, of Norwich, Conn., and a petition of Meadow Brook
Grange, Patrons of Husbandry, of North Windham, /Conn.,
praying for the passage of the so-called agricultural extension
bill, which were ordered to lie on the table.
CIVIL WAR PENSIONS.
Mr. CURTIS,\from the Committee on Pensions, to which was
referred the bill'TS. G400) increasing pensions of widows of the
Civil War, reported it with an amendment, and submitted a
report (No. 1337) thereon.
%
SPECIAL RESIDENT COMMISSIONER OF LINCOLN MEMORIAL.
1
Mr. ROOT. I introduce a bill which must be introduced now
if it is to be passed, ^md upon which I think there is a very
general agreement. I ask for its present consideration.
The bill (S. 8589) relating to supervision of the Lincoln
Memorial was read the first time by its title, and the second time
at length, as follows:
B e i t en a cted ', e t c ., That in the exercise of its control and direction
for the construction of the Lincoln Memorial* authorized by act of Con
gress approved February 9, 1811. the commission created by said act
shall designate to perform the duty of special resident commissioner to
represent the commission in the ‘.oversight o f the work the lion. Siielky
M CuLLOM, who. at the time orq,he adoption of this act. is tlie senior
.
member of the commision in continuous-service of the United States;
and for the special service of the ‘member so designated he shall be en
titled to receive compensation at the rate of $5,000 a year out of tlie
appropriations for the construction q£ such memorial.
The PRESIDENT pro tempore* The Senator from New York
asks for the present consideration of the bill just introduced
by him. Is there objection?
There being no objection, tlie Senate, as in Committee of the
Whole, proceeded to consider tlie bill.
The bill was reported to the Senate without amendment, or
dered to be engrossed for a third reading, read (lie third time,
and passed.
AGRICULTURAL EXTENSION DEPARTMENTS.
I Ned McDaniel, the duly elected and qualified secretary of the sen
ate’ of the State of Oklahoma, hereby certify that the above and fore
going is a full, true, correct, and complete copy of senate concurrent
resolution 16, as the same appears of record in my office.
In witness whereof 1 have hereunto set my hand this 25th day of
February, 1913.
_
XL1X-
„
S tate of O klahom a ,
N ed M c Dan iel ,
S e c r e ta r y o f th e S en a te. /
PETITIONS AND MEMORIALS.
B e it r e so lv e d b y th e sen a te
S p eaker o f th e H o u se.
Attest:
Mr. SMITH of Georgia. Mr. President!last night I presented
a motion. I meant it to be a motion then made, to go over until
Monday. It is printed as a notice of a motion Monday. I fear
that it might be subject to a point of order on Monday, and
might be carried over to Tuesday. I meant, to present it as a
motion then, but not to insist upon its being heard then.
The PRESIDENT pro tempore. The Chair will accept the
statement of the Senator from Georgia, and treat it as though
the motion had been made.
CATT. HERBERT A. WHITE.
A message from the President of the United States, by Mr.
Latta, was received.
Mr. CUMMINS. I wish to make a request. A military nom
ination has just been received by the Senate. I ask unanimous
consent that, as in executive session, it be referred to the Com
mittee on Military Affairs.
The PRESIDENT pro tempore. The Senator from Jowa asks
unanimous consent that a military nomination by tholPresident
of the United States be referred to the Committee on Military
Affairs, as in executive session. Is there objection?
%
Mr. CULBERSON. What is tlie nomination, All*. President?
The PRESIDENT pro tempore. The nomination will ftp read.
The- S e c r e t a r y . T o bo judge advocate, with the rank of
major, Capt. Herbert A. White.
"~jl
1
CONGRESSIONAL RECORD— SENATE
M arch 3t
H R. 27475. An act granting pensions and increase of pensions
Tlie PRESIDENT pro tempore. Is there objection to the re
14I
quest of the Senator from Iowa? The Chair hears none, and it to certain soldiers and sailors o f the Civil War 4U certain
widows and dependent children o f soldiers and sailors of said
is so ordered.
w ar;
EXECUTIVE SESSION.
H. R. 27S74. An act granting pensions and increase of pensions
Mr. LODGE. I move that the Senate proceed to the consid
to certain soldiers and sailors of the Regular Army and Navy
eration of executive business.
The PRESIDENT pro tempore. The Senator from Massa and certain soldiers and sailors of wars other than the Civil
chusetts moves that the Senate proceed to the consideration of War, and to widows of such soldiers and sailors;
H. R. 2S379. An act granting pensions and increase of pensions
executive business.
Mr. JOHNSTON of Alabama. I move that the Senate ad to certain soldiers and sailors of the Regular Army and Navy
and certain soldiers and sailors of wars other than the Civil
journ.
The P R E S ID E N T pro tempore. The Senator from Alabama War, and to widows of such soldiers and sailors;
H. R. 2S74G. A11 act granting pensions and increase of pensions
moves that the Senate adjourn. [Putting the question.] By
to certain soldiers and sailors o f the Regular Army and N a vy
the sound the noes appears to have it.
and certain soldiers and sailors o f wars other than the Civil
Mr. ASHURST. I call for a division.
War, and to widows of such soldiers and sailors;
Mr. H IT C H C O C K . I ask fo r the yeas and nays.
H. R. 1G993. An act for the relief of Mathew T. Fuller; and
The yeas and nays were ordered, and the Secretary pro
II. R. 2S2S2. An act granting pensions and increase of pensions
ceeded to call the roll.
Mr. C H IL T O N (w h en his nam e w as c a lle d ). I have a pa ir w ith to certain soldiers and sailors of the Civil War and certain
the Senator fro m Illin ois [M r. C u l l o m ], th erefore I w ith h old widows and dependent children of soldiers and sailors of said
war.
m y vote.
The message also announced that the House had passed the
Mr. CLARKE of Arkansas (when his name was called). I
am paired with the .junior Senator from Utah [Mr. Suther bill (S. 5137) for the relief of Alice V. Houghton.
The message further announced that the House had agreed
land ]. I understand that if present he would vote “ nay,” and
as I shall vote that way myself, I feel at liberty to vote. I vote to the concurrent resolution of the Senate providing for the
printing of the proceedings and eulogies commemorative of the
“ nay.”
Mr. DU PONT (when his name was cal led). I have a general life and character of James S. Sherman, late Wee President of
pair with the senior Senator from Texas [Mr. Culberson]. I the United States.
The message further announced that the House had agreed
transfer that pair to the senior Senator from Nebraska [Mr.
to the amendment of the Senate to the concurrent resolution of
B rown], and vote. I vote “ nay.”
Mr. SMITH of Georgia (when his name was called). May the House providing for the printing of the tariff hearings before
the Committee on Ways and Means of the House of Representa
I be permitted to explain my vote before voting?
The PRESIDENT pro tempore. It is not permitted by the tives since the Gth day of January last.
The message also announced that the House had agreed to
rules, but, if there is no objection, the Senator may do so.
Mr. SMITH of Georgia. What I wish to say is, that in view the report of the committee of conference on the disagreeing
of the day and the hour my preference is to go home, but there votes of the two Houses on the amendments of the Senate to
are Senators who think I was a party to an agreement to go the bill (II. II. 18787) relating to the limitation of the hours of
daily service of laborers and mechanics employed upon a public
now into executive session, and therefore I vote “ nay.”
work of the United States and o f the District of Columbia, and
The roll call was concluded.
Mr. DILLINGHAM (after having voted in the negative). I of all persons employed in constructing, maintaining, or improv
observe that my pair, the Senator from South Carolina [Mr. ing a river or harbor of the United States and of the District of
Columbia.
T illman ], has not voted, and I therefore withdraw my vote.
The message further announced that the House had agreed
The result was announced—yeas 10, nays 52, as follows
to the report of the committee of conference on the disagreeing
.
YEAS—10.
Gardner
Johnson, M
e.
votes of the two Houses on the amendments of the Senate to
Lea
Smith, S. C.
Gronna
Johnston, Ala.
Pomereno
the hill (II. R. 281S0) making appropriations for the construc
Hitchcock
Kern
Sheppard
tion, repair, and preservation of certain public works on rivers
NAYS—52.
and harbors, and for other purposes.
Crawford
Ashurst
McCumber
Simmons
The message also announced that the House further insists
Borah
Cummins
IvIcLean
Smith, Ariz.
Bradley
Dixon
on its disagreement to the amendments of the Senate to the bill
Martine, N. J.
Smith, Ga.
Brady
dn Pont
Myers
Smith, Md.
(H. R. 2S7GG) to increase tlie limit of cost of certain public
Fall
Brandegce
O’Gorman
Smith, Mich;
buildings, to authorize the enlargement, extension, remodeling,
Briggs
Fletcher
Oliver
Smoot
Bristow
Foster
or. improvement of certain public buildings, to authorize the
Owen
Stephenson
Bryan
Gallinger
Page
Watson
erection and completion of public buildings, to authorize the
Burnham
Gamble
Percy
Williams
purchase of sites for public buildings, and for other purposes,
Burton
Jones
Perkins
Works
<'iapp
Kavannugh
agrees to the further conference asked for by the Senate on the
Pittman
Clark, Wyo.
Kenyon
Poindexter
disagreeing votes of the two Houses thereon, and had ap
Glarke, Ark.
La Follette
Richardson
pointed Mr. B u rn ett , Mr. C l a r k of Florida, and Mr. A ndrus
Crane
Lodge
Root
managers at the conference on the part of the House.
NOT VOTING—33.
The message further announced that the House had disagreed
Bacon
Curtis
Overman
Thornton
Bankhead
Dillingham
to the amendments of the Senate to the bill (H. R. 257S0) to
Paynter
Tillman
Bourne
Gore
Penrose
Townsend
amend section . 81SG of the Revised Statutes of the United
Brown
Guggenheim
Reed
Warren
States, asks a conference with the Senate on the disagreeing
Catron
Jackson
Shively
Webb
Chamberlain
Lippitt
Stone
votes of the two Houses thereon, and had appointed Mr. Clay
Wetmore
Chilton
Martin, Va.
Sutherland
to n , Mr. R ucker of Missouri, and Mr. S terling managers at
Culberson
Nelson
Swanson
the conference on the part of the House.
Cullom
Newlands
Thomas
The message also announced that the House had disagreed
So the Senate refused to adjourn.
to the amendments of the Senate to .the bill (II. II. 28858) mak
Mr. LODGE and Mr. O’GORMAN addressed the Chair.
The PRESIDENT pro tempore. The Senator from Massa ing appropriations to supply deficiencies in appropriations for
chusetts has already made a motion to proceed to the considera the fiscal year 1913 and for prior years, and for other pur
tion of executive business. The question is upon agreeing to poses, asks a conference with the Senate on the disagreeing
votes of the two Houses thereon, and had appointed Mr. F it z
that motion.
The motion was agreed to; and (at 9 o'clock and 25 minutes gerald , Mr. B artlett , and Mr. C a n n o n managers at the con
p. m., Sunday, March 2) the Senate proceeded to the considera ference on the part of the House.
ENROLLED BILLS SIGNED.
tion of executive business.
The message further announced that the Speaker of the
LEGISLATIVE BUSINESS.
While the doors were closed a message was received from the House had-signed the following enrolled bills and joint resolu
House of Representatives as in legislative session, and legislative tions, and they were thereupon signecKjjy the President pro
business was transacted as in legislative session, as appears fol tempore:
S. 1142. An act to protect the monumenW already erected
lowing the message from the House of Representatives.
on the battle field of Bull Run, Va., and other'monuments that
*****
t S S 8 » 5 4 f ^ n w » T H E .IIQHSI5
may be there erected;
v
A message from the House of Representatives, by J. O. South*,
S. 2504. An act to provide for the c x t c f t S f e s a H a m p
its Chief Clerk, announced that the House had agreed to the shire Avenue, in the District of Columbia, on a straight line,
.amendments of the Senate to the following bills.
and for other purposes;
191 'o) .
CONGRESSIONAL RECORD— SENATE.
4589
132. insist upon its amendments disagreed to by tlio House, quested to take such action as may be necessary to have the Publicity
mails as second-class matter.
agree to tlie conference asked for by the House on the disagree Pamphlet admitted to thethe 15th day of February, 1913.
Adopted by the Senate
ing votes of the two Houses thereon, the conferees on the part
.T. .T. M c A l e s t e r ,
... .
P r e s id e n t o f th e S en a te.
of the Senate to be appointed by the Chair.
Attest:
The motion was agreed to; and the President pro tempore
N ed M c D a n ie l ,
appointed M r. C u r t i s , Mr. S m o o t , and Mr. S m i t h o f Maryland
S e c r e ta r y o f th e S en a te.
Adopted by the house of representatives the 21st day of February,
conferees on the part o f the Senate.
DEMOTION
of w il l ia m h a l l and others .
The PRESIDENT pro tempore laid before the Senate a com
munication from the Postmaster General, transmitting, in re
sponse to a resolution of December 4, 1912, the correspondence
in the Post Office Department relating to the demotion in 1911
of William Hall, C. H. Erwin, It. E. Erwin, J. J. Negley, and
E. P. Rodman, clerks in the Railway Mail Service, which, with
the accompanying papers, was referred to the Committee on
Post Offices and Post Roads and ordered to be printed.
1913.
.T. H. M a x e y .
S p ea k er o f th e H o u se .
Attest:
(,
S tate
„
of
_
Oklahom a,
s
s
:
C h i e f C le r k o f th e H o u s e .
~ A iN^ 4
.HcDaJlI
™’.t?e duIy, elected and qualified secretary of the Senate
of the State of Oklahoma, hereby certify that the above and foregoing
is a full, true, correct, aud complete copy of senate concurrent resolu
tion 18 as the same appears of record in my office
In witness whereof I have hereunto set my baud this 25th day of
r ebruary, luid.
N ed M c D a n ie l ,
S e c r e ta r y o f th e S en a te.
PETITIONS AND MEMORIALS.
Mr. BRANDEGEE presented a memorial of sundry citizens
Mr. OWEN. I present a concurrent resolution adopted by
the Legislature of Oklahoma, which I ask may be printed in the of New Britain, Conn., remonstrating against any appropria
tion being made for the celebration of the 100 years of peace
R ecord and referred to the Committee on Public Lands.
There being no objection, the concurrent resolution was re with Great Britain, which was ordered to lie on the table.
He also presented a petition of Local Grange, Patrons of
ferred to the Committee on rublic Lands and ordered to be
Husbandry, of Norwich, Conn., and a petition of Meadow Brook
printed in the R ecord , as follows:
Grange, Patrons of Husbandry, of North Windham, Conn.,
Senate concurrent resolution 16.
Whereas the report of the General Land O
ffice at Washington, D. O., of praying for the passage of the so-called agricultural extension
July i, 1912, shows that there is 39,525 acres of unappropriated and bill, which were ordered to lie on the table.
unreserved public lands in the State of Oklahoma; and
Whereas the character of this land Is such that It is not suitable foi
agricultural purposes and consists principally of isolated tracts, and
Whereas the same has been subject to homestead entry since the oponiug of this country in the years 1889, 1891, and 1895, and no entries
have been made thereon; and
,
Whereas the lands above mentioned are now under the jurisdiction of
the United States land office of Oklahoma; and
Whereas it will cost the United States Government practically as m
uch
money to finally dispose of said lands as same are now worth ; and
Whereas chapter 112. Session Laws of Oklahoma, 1911, created a fund
known as “ Consolidated school district fund” and set aside section
33 in original Greer County as it existed on November 15, 1907, and
all lands selected in lieu thereof, for the benefit of this fund; and
Whereas the value of this land as shown by the recent appraisement
and including that which has been sold is $406,433; and
Whereas this fund is inadequate to assist in building schoolkouses as
contemplated by tlie legislature: Therefore
B e it r e s o lv e d b y th e sen a te
t h e r e i n ) , That the Congress of
( t h e h o u s e o f r e p r e s e n t a t i v e s c o n c u r r in g
the United States of America be requested
and memoralized to grant to the State of Oklahoma for the use and
benefit of the consolidated public schools of said State all of the land
lying within said State which is unappropriated and all land upon
may’ hereafter be canceled and all other land which might now be or
may hereafter be cancelled and all other land which might now be or
mav hereafter become vacant. Be it further
R e s o l v e d , That a copy of this resolution be forwarded to the Secre
tary of the United States Senate, a copy to the Clerk of the House of
Representatives a copv to the General Land Office, and a copy to each
of the Representatives in Congress from the State of Oklahoma.
Adopted by the senate the 15th day of February, 1913.
1
C. B. K e n d r ic k ,
P r e s id e n t P r o
Attest:
#
T em p ore
of
th e S en a te.
.
N ed M c D a n ie l , S e c r e t a r y o f t h e S e n a t e .
Adopted by the house the 21st day of February, 1913.
J. H.
Maxey,
S p ea k er o f th e H o u se .
Attest:
Gus
St a t e
of
P ool , C h i e f C le r k o f t h e H o u s e .
O k l a h o m a , ss .
CIVIL WAR TENSIONS.
Mr. OtJRTIS, from the Committee on Pensions, to which was
referred the bill (S. 0400) increasing pensions of widows of tlie
Civil War, reported it with an amendment, and submitted a
report (No. 1337) thereon.
SPECIAL RESIDENT COMMISSIONER OF LINCOLN MEMORIAL.
‘
Mr. ROOT. I introduce a hill which must lie introduced now
if it is to be passed, and upon which I think there is a very
general agreement, I ask for its present consideration.
The bill (S. 8589) relating to supervision of the Lincoln
Memorial was read tlie first time by its title, and the second time
at length, as follows:
B e i t e n a c te d , e t c ., That in the exorcise of its control and direction
for the construction of the Lincoln Memorial, authorized by act of Con
gress approved February 9, 1911, the commission created by said act
shall designate to perform the duty of special resident commissioner to
represent the commission in the oversight of the work the Hon. S h e l b y
M C u Ll o m , who, at the time of the adoption of this act. is the senior
.
member of the commision in continuous service of the United States ;
and for the special service of the member so designated he shall he en
titled to receive compensation at the rate of $5,000 a year out of the
appropriations for the construction of such memorial.
The PRESIDENT pro tempore. The Senator from New York
asks for the present consideration of the bill just introduced
by him. Is there objection?
There being no objection, the Senate, as in Committee of tlie
Whole, proceeded to consider the bill.
The bill was reported to tlie Senate without amendment, or
dered to be engrossed for a third reading, read the third time,
and passed.
AGRICULTURAL EXTENSION DEPARTMENTS.
Mr. SMITH of Georgia. Mr. President, last night I presented
I, Ned McDaniel, the duly elected and qualified secretary of the sen
ate of the State of Oklahoma, hereby certify that the above and fore a motion. I meant it to be a motion then made, to go over until
going is a full, true, correct, and complete copy of senate concurrent Monday. It is printed as a notice of a motion Monday. I fear
resolution 10, as the same appears of record in my office.
In witness whereof I have hereunto set my hand this 25th day of that it might be subject to a point of order on Monday, and
might be carried over to Tuesday. I meaut to present it as a
February, 1913.
X
T
^
N ed M c D a n ie l ,
S e c r e ta r y o f th e S en a te.
Mr. OWEN. I present a concurrent resolution adopted by the
Legislature of Oklahoma, 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 concurrent resolution was re
ferred to the Committee on Post Ofiices and Post Roads and
ordered to be printed in tlie R ecord , a s follow s:
Senate concurrent resolution IS.
A resolution requesting our Senators and Representatives in Congress to
secure second-class postage rates for the Publicity Pamphlet.
Whereas Oklahoma is fully committed to the policy of the “ people’s
_ rule” in its highest and best sense; aud
Whereas the best results can be hoped for only when the people are
• fully and correctly informed as to the measures upon which they are
to cast their ballots: and
,
„
,, . ,
Whereas the method of distributing the Publicity ramplilet heretofore
used lias not given satisfaction : Therefore be it
R e so lv e d
by
th e
O k la h o m a
S ta te
S en a te
( th e
H ou se
o f R ep resen ta
t i v e s c o n c u r r i n g t h e r e i n ) . That the Senators and Congressmen from this
■State he each furnished a copy of this resolution and that they be re
X L IX ------289
motion then, but not to insist upon its being heard then.
The PRESIDENT pro tempore. The Chair will accept the
statement of the Senator from Georgia, and treat it as though
the motion had been made.
CAPT. HERBERT A. WHITE.
A message from the President of the United States, by Mr,
Latta, was received.
Mr. CUMMINS. I wish to make a request. A military nom
ination has just been received by the Senate. I ask unanimous
consent that, as in executive session, it be referred to the Com
mittee on Military Affairs.
Tlie PRESIDENT pro tempore. The Senator from Iowa asks
unanimous consent that a military nomination bv the President
of the United States be referred to the Committee on Military
Affairs, as in executive session. Is there objection?
Mr. CULBERSON. What is the nomination, Mr. President?
The PRESIDENT pro tempore. The nomination will be read.
The S e c r e t a r y . To bo judge advocate, with the rank of
major, Capt. Herbert A. White.
CONGRESSIONAL RECORD— SENATE.
March
2,
IT. R. 27475. An act granting pensions and increase of pensions
The PRESIDENT pro tempore. Is there objection to the re
quest of the Senator from Iowa? The Chair hears none, anti it to certain soldiers and sailors of the Civil War and certain
widows and dependent children of soldiers and sailors of said
is so ordered.
w a r;
■
EXECUTIVE SESSION.
H. R. 27S74. An act granting pensions and increase of pensions
Air. LODGE. I move that the Senate proceed to the consid
to certain soldiers and sailors o f the Regular Army and Navy
eration of executive business.
The PRESIDENT pro tempore. The Senator from Massa and certain soldiers and sailors o f wars other than the Civil
chusetts moves that the Senate proceed to the consideration of War, and to widows of such soldiers and sailors;
H. R. 2S379. An act granting pensions and increase of pensions
executive business.
Mr. JOHNSTON o f Alabama. I move that the Senate ad to certain soldiers and sailors of the Regular Army and Navy
and certain soldiers and sailors of wars other than the Civil
journ.
The PRESIDENT pro tempore. The Senator from Alabama War, and to widows of such soldiers and sailors;
H. R. 28740. An act granting pensions and increase of pensions
moves that the Senate adjourn, fPutting the question.] By
to certain soldiers and sailors o f the Regular Army and Navy
the sound the noes appears to have it.
and certain soldiers and sailors of wars other than the Civil
Mr. ASIIURST. I call for a division.
War, and to widows o f such soldiers and sailors;
Air. HITCHCOCK. I ask for the yeas and nays.
H. R. 16993. An act for the relief of Alathew T. Fuller; and
The yeas and nays were ordered, and the Secretary pro
H. R. 2S282. An act granting pensions and Increase of pensions
ceeded to call the roll.
Air. CHILTON (when his name was called). I have a pair with to certain soldiers and sailors of the Civil War and certain
the Senator from Illinois [Air. C ullom ], therefore I withhold widows and dependent children of soldiers and sailors of said
war.
my vote.
The message also announced that the House had passed the
Air. CLARKE of Arkansas (when his name was called). I
am paired with the junior Senator from Utah i"Air. S u t h e r bill (S. 5137) for the relief of Alice V. Houghton.
The message further announced that the House had agreed
l a n d ] . I understand that if present he would vote “ nay,” and
as I shall vote that way myself, I feel at liberty to vote. I vote to tlie concurrent resolution of tlie Senate providing for the
printing of the proceedings and eulogies commemorative of the
“ nay.”
Air. DU PONT (when his name was called). I have a general life and character of James S. Sherman, late Vice President of
pair with the senior Senator from Texas [Air. Culberson], I the United States.
The message further announced that the House had agreed
transfer that pair to the senior Senator from Nebraska [Air.
to the amendment of the Senate to the concurrent resolution of
B ro w n ], and vote. I vote “ nay.”
Air. SAIITH of Georgia (when his name was called). Alay the House providing for the printing of the tariff hearings before
tlie Committee on Ways and Means of the House of Representa
I be permitted to explain my vote before voting?
The PRESIDENT pro tempore. It is not permitted by the tives since the Gth day of January last.
The message also announced that the House had agreed to
rules, but, if there is no objection, the Senator may do so.
Air. SAIITII of Georgia. AVhat I wish to say is, that in view the report of the committee of conference on the disagreeing
o f the day and the hour my preference ik to go home, but there votes of the two Houses on the amendments of the Senate to
are Senators who think I was a party to an agreement to go the bill (II. R. 18787) relating to the limitation of the hours of
daily service of laborers and mechanics employed upon a public
now into executive session, and therefore I vote “ nay.”
work of the United States and of the District of Columbia, and
The roll call was concluded.
Air. DILLINGHAM (after having voted in the negative). I of all persons employed in constructing, maintaining, or improv
observe that my pair, the Senator from South Carolina [Air. ing a river or harbor of the United States and of the District of
'Columbia.
T il l m a n ] , has not voted, and I therefore withdraw my vote.
The message further announced that the House had agreed
Tlie result was announced—yeas 10, nays 52, as follow s:
to the report of the committee of conference on the disagreeing
YEAS—10.
Johnson, M
o. * Lea
votc^ of the two Houses on the amendments of the Senate to
Gardner
Smith, S. C.
Johnston, A a.
J
Oronna
Pomerene
the Rill (II. R. 28180) making appropriations for the construc
Kern
Hitchcock
Sheppard
tion, Repair, and preservation of certain public works on rivers
NAYS—52.
and harbors, and for other purposes.
Crawford
Ashurst
MeCumbcr
Simmons
The message also announced that the House further insists
Borah
Cummins
McLean
Smith, Ariz.
Ilixon
Bradley
on its disagreement to the amendments of the Senate to the hill
Martino, N. J.
Smith, Ga.
Brady
du Pont
Myers
Smith, Md.
(II. R. 128766) to increase the limit of cost of certain public
Fall
Brandcgce
O’Gorman
Smith, Mich.
buildings, to authorize the enlargement, extension, remodeling,
Briggs
Fletcher
Oliver
Smoot
Bristow
Fostcr
or improvement of certain public buildings, to authorize the
Owen
Stephenson
Bryan
Ballinger
Page
Wat son
erectioij and completion of public buildings, to authorize the
Burnham
Gamble
Percy
AViiliam
s
purchase of sites for public buildings, and for other purposes,
Burton
Jones
Perkins
Works
<'lapp
Kavanaugh
agrees/to the further conference asked for by the Senate on the
Pittman
<'lark, Wyo.
Kenyon
Poindexter
disagreeing votes of the two Houses thereon, and had ap
Clarke, Ark.
La Follette
Richardson
pointed Air. B urnett, Air. Clark of Florida, and Air. A ndrus
Crane
Lodge
Root
managers at the conference on the part of the House.
NOT VOTING—33.
Tlie message further announced that the House had disagreed
Bacon
Curtis
Overman
Thornton
Bankhead
Dillingham
tQ the amendments of the Senate to the bill (H. R. 257S0) to
Paynter
Tillman
Bourne
Gore
Penrose
Townsend
amend section 31S6 of the Revised Statutes of the United
Brown
Guggenheim
Reed
Warren
States, asks a conference with the Senate on the disagreeing
Catron
Jackson
Shively
Webb
'hamberlaln
Lippitt
Stone
votes of the two Houses thereon, and had appointed Air. Clay
Wet mere
XChilton
Martin, Va.
Sutherland
ton, Air. R ucker of Missouri, and Air. Sterling managers at
Culberson
Nelson
Swanson
Cullom
the conference on the part of the House.
Newlands
Thomas
The message also announced that the House had disagreed
Sty the Senate refused to adjourn.
m
to the amendments of the Senate to the bill (II. It. 2SS5S) mak
Alr.' LODGE and Air. O'GORAIAN addressed the Chair.
The PRESIDENT pro tempore. The SeimtdV from Alassa- ing appropriations to supply deficiencies in appropriations for
ehusetts has^already made a motion to proceed to the considera the fiscal year 1913 and for prior years, and for other pur
tion of executlve_business. Tliejiuesfton is upon agreeing to poses, asks a conference with the Senate on the disagreeing
votes of the two Houses thereon, and had appointed Air. Fitz
that motion.
~
~
—
The motion was agreed to; and (at 9 o'clock and 25 minutes gerald, Air. B artlett, and Air. Cannon managers at the con
p. in., Sunday, March 2) the Senate proceeded to the considera ference on the part o f the House.
enrolled dills signed.
tion of executive business.
The message further announced that the Speaker of the
legislative business.
While the doors were closed a message was received from tlie House had signed the following enrolled bills and joint resolu
House of Representatives as in legislative session, and legislative tions, and they were thereupon signed by the President pro
business was transacted as in legislative session, as appears fol tempore:
S. 1142. An act to protect the monuments already erected
lowing the message from the House of Representatives.
on the battle field of Bull Run, Va., and other monuments that
message from the house.
may be there erected;
A message from the House of Representatives, by J. C. South,
S. 2504. An act to provide for the extension of New Hamp
its Chief Clerk, announced that the House had agreed to the' shire Avenue, in the District o f Columbia, on a straight line,
amendments of the Senate to the following bills.
and for other purposes;
1913,
CONGEESSIONAL BECOED— SENATE.
order to promote the comfort or convenience of the public or em
ployees, or in order to secure adequate service or facilities, the
commission shall have power to make and serve an order direct
ing that such repairs, improvements, changes, or additions to
service or equipment be made within a reasonable time and in
a manner to be specified therein, and every such ratblic utility
is hereby required and directed to obey every such/order of the
commission.
/
“ P ar, 97. That all the powers created by this section and the
duty of carrying this section into effect and enforcing the pro
visions thereof are hereby vested in and imposed on the Com
missioners of the District of Columbia as a governmental and
administrative agency, and said powers shall M exercised and
s
said duties performed as additional and superadded powers to
their powers and duties as Commissioners off the District of
Columbia. The powers, authority, and duties? hereby imposed
on and granted said commissioners shall be permanent and are
hereby imposed on and granted to the presept Commissioners
of the District of Columbia and their successors in office. The
commission created by this section shall, so soon as convenient
after its passage, organize by electing one? of its number as
chairman, who shall serve until the first Monday in January,
3914. On the first Monday in January iif each odd-numbered
year the commissioners shall meet and e*ct a chairman, who
shall serve for two years and until his successor is elected. A
majority of said commissioners shall constitute a quorum to do
business, and any vacancy shall not iidpair the right of the
remaining commissioners to exercise all Jne powers of the com
mission. Any investigation, inquiry, Jr hearing within the
powers of the commission may be madofor held by any commis
sioner, whose acts and orders, whet# approved by the com
mission, shall be deemed to be the orde# of the commission. The
commission shall have power to adfpt and publish rules to
govern its proceedings and to reguljte the mode and manner
of all investigations and hearings pjkaining to public utilities.
“ No commissioner shall be direct# or indirectly interested in
any public utility or in any stock,Jbond, mortgage, security, or
contract of any such public utility; and if any such commis
sioner shall voluntarily become
crested ills office shall ipso
facto become vacant: and if :
such commissioner shall become so interested otherwise
voluntarily he shall, within
a reasonable time, divest him
of such interest, and if
fails so to do his office shall #ecome vacant. Before enter!
upon the duties of his office Jaeh commissioner, the see
of the commission, the counJel of the commission, ni;
employee of said connnission Jhall take and subscribe the
tutional oath of office, and jfiall in addition thereto ma
or affirmation before and Mle with the clerk of the
Court of the District of Jfolumbia that he is not pecun
interested, voluntarily or/nvoluntarily, in any public util
the District of Columbia/ir elsewhere.
“ P ar . 98. That the su/i of $40,000. or so much thereof admay
be necessary, is herebyjTppropriated to carry out the provisions
of this section, one-lnJE out of the revenues of the District of
Columbia and one-ha# out of any moneys in the Treasurf not
otherwise appropriated, and all moneys received from fines
feitures, and penalties shall be paid into the Treasury
United States, one-Mulf to the credit of the District of Coir
“ Par. 99. That Jrlt the duties, powers, and authority
Commissioners ofJIhe District of Columbia shall continul
remain in full ffrce and effect notwithstanding this seltion;
and all powers, authority, and duties of the municipality llnown
as the District # Columbia and all rights vested in said nlmicipality shall ccJtinue and remain in full force and effect not
withstanding this section. All the lawful ordinances andlregulations made,-by the Commissioners of the District of Coimbia
as such, and ail other lawful municipal ordinances and rjgulations, shall Continue and remain in full force and effect and
may be altered, changed, or amended, and new ordinance! and
regulation^’ may be made by the Commissioners of the District
of Columbia, acting as such, hereafter, notwithstanding! this
section: Provided, That when any order of the commiision
created by this section shall be made which shall be inconsistent
and repugnant to any municipal ordinance or regulation, or|my
ordinance or regulation made or to be made by the Commis
sioners of the District of Columbia, acting as such, then ana 111
such event; the order of the commission created by this section
shall be given full force and effect, notwithstanding such tpuhicipal ordinance or regulation.
“ P ar . 100. T h a t the board o f directors o f every public u tility
shall con sist of not m ore than 15 nor less than 7 members,
Within w hich lim itation the m em bership may be in any e;|se
increased o r dim inished, as the stockholders m ay from tim e 10
tim e determine.
4803
“ P ar . 101. That, except as modified or changed by this sec
tion and until modified or changed under its provisions, all
charters, statutes, laws, ordinances, and regulations now in
force shall remain and continue to be in full force and effect
until altered, amended, or repealed according to law: Provided,
That all charters, statutes, acts, and parts of acts, laws, or
dinances, and regulations inconsistent and repugnant to the
provision! of this section, and only so far as inconsistent and
repuguauPlhereto, are hereby repealed.
“ P a r . 1dy. That this section shall not affect pending actions
or proceedings, civil or criminal, or quasi criminal, but the same
may be prosecuted or defended as heretofore provided by law
or regulation.^
“ P ar . 103. r n t Congress reserves the right to alter, amend,
A
or repeal this section.”
And the Senate agree to the same.
Amendment numbered 132: That the Senate recede from its
disagreement to the amendment of the House to the amendment
of the Senate numbered 132, and agree to the same with amend
ments as follows: Ih lines 8 and 9 of paragraph 6, on page 11,
of said amendment strike out the words “ midnight and 7 o’clock
in the morning” and insert in lieu thereof the words “ 1 o’clock
a. m. and 7 o’clock a. m.” ; and in line 14 of said paragraph,
after the word “ hotel,” insert the word “ , restaurant” ; and the
House agree to the same.
Amendment numbered 135: That the House recede from its
disagreement to the. amendment of the Senate numbered 135.
and agree to the same with amendments as follows: In lines
30, 34, 42, 44, and 4G strike out the%ord “ act ” where it occurs
and insert in lieu thereof the word “ gection ” ; and the Senate
agree to the same.
\v
C h a r t s C u r t is ,
R eed S hoot ,
J oh n W alter S m it h ,
Managers on the p<kit of the Senate.
A. S. BU
RT.ESON,
E. W. SaunM ,
srs
E. L. T ayi .or, ,! r.,
Managers on the part of the House.
Sir. CURTIS. I ask t h a t the report be printed in the, R e c o r d
also as a Senate document.
W 0 . t e mno ^
.
.
nb l e c l ion, i t ]S"-#o
COAL MINING IN OKLAHOMA.
Mr. OWEN submitted the following report:
The committee of conference on the disagreeing votes of the
two Houses on the amendments of the House to the bill (S.
3843) granting to the coal-mining companies in the State of
Oklahoma the right to acquire additional acreage adjoining
their mine leases, and for other purposes, having met, after
full and free conference have agreed to recommend and do
recommend to their respective Houses as follows:
That the Senate recede from its disagreement to the amend
ments of the House numbered 3, 2, 3, and 4, and agree to the
same.
That the Senate recede from its disagreement to the amend
ment of the House numbered 5, and agree .to the same with an
amendment as follows: Strike out all of section 2 of the bill;
and the House agree to the same.
That the Senate agree to the amendment of the House amend
ing the title of the bill.
M oses E. C la pp ,
R obert J. G am ble ,
R obert L. O w e n ,
Managers on the part of the Senate.
C harles D. C arter ,
C arl H ay d en ,
P h i l . C am pbell ,
Managers on the part of the House.
The report was agreed to
DEFICIENCY
APPROPRIATION BILL
The PRtfkS
!NT pro tempore laid before tlie Senate; me
action of th_ fouse of Representatives dis.oa^aefng to the
amendments of the a W M ^ t o the bill
lie
J2885S) making
appropriations to1 supply cTc®®fc$^eg.Jar''appropriations for the
prion,
fiscal year 1913, and for pri ..jiwfe*, mid for other purposes,
confer^sF'W im th ew u l^p ;oil the disagreeing
and requesting a confer;
HoapSPmereon.
votes of the two Hi
Mr. WARRIS gf^Fmove that the Senate insist
?qMest'Of the H o w ^ rtr ti
k.
IH j
4G04
March 2.
C0KG EE88I0XAL PEGGED— SENATE.
and that the conferees on the part of the Senate be appointed by
the ( ’hair.
The motion was agreed to: and the President pro tempore
appointed Mr. W arren, Mr Gamble, and Mr. Culberson con
ferees on the part of the Senate.
LIEN FOR TAXES.
The PRESIDENT pro tempore laid before the Senate the action
of the House of Representatives disagreeing to the amendments
of the Senate to the bill (H. It. 257S0) to amend section 3180 of
the Revised Statutes ,o f the United States, and requesting a
conference with the Senate on the disagreeing votes of the two
Houses thereon.
Mr. BRANDEGEE. I move that the Senate insist upon its
amendments, 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. B randegee, Mr. Roof, and Mr. P ayn t e r conferees on
the part of the Senate.
>
RECESS.'
Mr. SMITH of Georgia. I move tlidt the Senate take a recess
until 9 o’clock and 45 minutes a. m.
The motion was agreed to; and (at 12 o’clock and 10 minutes
a. m., Monday, March 3, 1913) the Senate took a recess until
9 o’clock and 45 minutes a. m., Monday, Maxell 3, 1913.
—
CONFIRMATIONS.
Executive nominations confirmed by the Senate March
P romotions in t h e A r m y ,
JUDGE ADVOCATE GENERAL’S DEPARTMENT, \
XT.
George M. Dunn to be a colonel.
Lewis E. Goodier to be a lieutenant colonel
Majors.
Samuel T. Ansell.
Herbert A. White.
\
QUARTERMASTER CORPS.
Thomas Cruse to be a colonel.
Arthur W. Yates to be a lieutenant colonel.
ORDNANCE DEPARTMENT.
Edwin B. Babbitt to be a colonel.
John W. Joyes to be a lieutenant colonel.
ENGINEER CORPS.
Lansing H. Beach to be a colonel.
Lieutenant colonels.
A. F. Flagler.
Chester Harding.
Majors.
Gustav R. Lukesh.
John R. Slattery.
Curtis W. Otwell.
Hubert L. Wigmore.
Albert L. Waldron.
Captains.
Alvin B. Barber.
William F. Endress.
Jarvis J. Bain.
Thomas H. Emerson.
Robert S. Thomas.
Roger C. Powell.
John N. Hodges.
Arthur R. Ehrnbeck.
First lieutenants
Frederick S. Strong.
/
Creswell Garlington.
/
s
A ppo in tm en ts in t h e A r m y .
CAVALRY ARM.
First Lieut, David II. Scott (Infantry arm) to be a first
lieutenant.
INFANTRY ARM.
First Lieut. Robert C. Richardson, jr
a first lieutenant.
COAST ARTILLERY CORPS.
Cyril Arthur Winton Dawson to be a second lieutenant
MEDICAL RESERVE CORE
First lieutenan,
George Henry Buck.
Robert Henry Wilds.
Roger Post Ames.
George Henry Torney, jr.
Eide Frederick Thode.
CJfAPLAIN.
William A. Aiken to be t chaplain with the rank of first lieu
/
tenant.
Productions
INFANTRY ARM.
To be colonels.
Edwin P. Pendleton.
Samuel W. Dunning.
Lieutcnant colonel.
Robert II. Noble.
Major.
Isaac C. Jenks.
First lieutenants.
Benjamin F. Castle.
Edwin C. McNeil
(
in the
N avy.
Rear admirals.
William B. Capertpn.
Wythe M. Parks.
Frank II. I!ailew
Captains.
William II. C^Bullard.
1913.
Joseph W. Oman.
M
Commanders.
John S. Doddridge.
Percy N. £>hnsted.
John R. Brady.
Lieutenant commanders.
John W. Schoenfeld.
Clarence L. Arnold.
Bayard T. Bulmer.
Lieutenants.
Harold Jones.
Albert S. Rees.
Alexander Sharp, jr.
Richard
Mann.
\ William R. I. Stiles.
C.
Aubrey W. Fitch.
N
Assistant naval constructor.
Charles S. Brand.
Passed assistant paymasters.
Omar D. Conger.
John H- Knapp.
Duetto, W. Rose.
\
Surgeon.
P ercevals. Rossi ter.
\
Chief pharmacist.
Oscar G. Euge.
\
Chief machinist.
August SctuUze.
\
Chief boatswains.
Harry N. Husfford.
William E. O'Connell.
\
Chief gunners.
Joseph H. Aignerl
Clarence D. Holland.
Glendon W. Irwin. \
Joseph F. Carmody. \
Daniel W. Nelson.
MARINE CORPS.
CAVALRY ARM,
Frank T. McNarney to be a captain.
George L. Converse, jr., to be a first lieutenant.
(Cavalry arm) to be
Philip S. Brown.
Joseph C. Fegan.
V Major.
First lieutenant.
\
A p po in tm en ts f$r
the
Navy.
Assistant civil engineers.
Harold G. Taylor.
X
Gaylord Church.
Assist an t paym asters.
Samuel R. White, jr.
Macdonougli C. Merriman.
Assistant surgeons.
Johu Buckley.
Charles P. Lynch.
CONCESSIONAL BEGGED— SEXATE.
1913
counties, or parish or parishes in the State of Louisiana, within
which the property subject to the lien is situated.”
Frank B. B randicgee,
E l i i i u R oot ,
T. IT. Paynter,
M an agers
on the part of the Senate.
H. D. Clayton,
W . W. R ucker,
J oh n A. S terling ,
Managers on the part of the Ilouse.
The report was agreed to.
ORDER OF EUSI NESS.
Mr. FALL. I did not exactly understand the order which
was made a moment ago. The motion was to take a recess
from 0 to S o’clock?
The PRESIDENT pro tempore. That order was made.
Mr. FALL. And I have the floor, I presume?
The PRESIDENT pro tempore. Yes; the Senator has the
floor.
Mr. SUTHERLAND. Mr. President, will the Senator yield to
me for a moment?
Mr. FALL. With pleasure.
Mr. GAMBLE. Mr. President, if the Senator will permit me,
I suggested not long since that the matter before the Senate is
the conference report on the Indian appropriation bill, and that
action should be had thereon. I am anxious to accommodate
Senators, but the preparation of this bill in the House con
sumed an immense amount of time, and the same is true of its
consideration by the Senate committee. It has received long
and exhaustive consideration, and I feel that it ought to be
heard and determined by the Senate.
I have been greatly interested in the argument presented by
the Senator from New Mexico, but it does not seem to me,
under the amendment proposed by the Senate and made a part
of this bill and which has been agreed to in conference, that
any substantial objections can be made to it. In the appro
priation act of last year provision was made for the relief and
support of the Apache Indians now held as prisoners of war-----Mr. FALL. I think I have the floor, and I yielded to the
Senator from Utah.
The PRESIDENT pro tempore. That is correct.
Mr. GAMBLE. If I am compelled I shall insist, as I gave
notice before, that the conference report on the Indian appro
priation bill shall be proceeded with. I simply ask the indul
gence of the Senate to call its attention to the fact. If the
Senator simply wants to put his bill in conference and if it will
lead to no discussion, I will not object.
Mr. SUTHERLAND. I am obliged to go into conference at
I o'clock. I do not know how long I will be engaged there. I
submitted, early this morning, a motion to concur in the amend
ments of the House to the so-called compensation act. I under
stand that that motion is really pending, and I should like to
dispose of the matter. It is about the only opportunity I will
have before the conference is held at 7 o’clock.
Mr. GAMBLE. I had hoped that the matter pending before
the Senate would be disposed of, for it will be necessary for me
to go into conference later on this evening. If the matter the
Senator from Utah has in charge is not to provoke discussion,
as far as I am concerned I will interpose no objection; but I
do feel that the measure pending before the Senate is of such
importance that I should insist upon its being considered and
disposed of at the earliest moment possible.
The PRESIDENT pro tempore. The Chair had overlooked
the fact that the Senator from Utah had once before called up
this matter from the Ilouse, and the Chair will lay it before
tlie Senate.
Mr. SUTHERLAND. T can not say that it will not lead to
discussion. I think it will lead to discussion.
LIABILITY o r COMMON
carriers to em ployees .
The PRESIDENT pro tempore. The Chair lays before the
Senate the amendments of the House of Representatives to the
hill (S. 5882) to provide an exclusive remedy and compensation
lor accidental injuries, resulting in disability or death, to em
ployees of common carriers by railroad engaged in interstate or
foreign commerce, or in the District of Columbia, and for othei
Purposes. The amendments have once been read.
Mr. SUTHERLAND. 1 move that the amendments of the
House be concurred in bv the Senate.
Mr. SMITH of Georgia. Mr. President-----The PRESIDENT pro tempore. The question is on the
motion of the Senator from Utah to agree to the House amend
ments.
4673
Mr. SUTHERLAND. I wish to be heard briefly, Mr. Presi
dent.
Mr. FALL. I am perfectly willing to yield to any Senator
if the Senator from Utah will just suspend one moment. The
debate upon the conference report on the Indian appropriation
bill is going to occupy considerable lime. I will say to the chair
man of the committee I am perfectly willing to yield to other
Senators having important matters that demand attention, but
I am not thoroughly familiar with the rules of the Senate and
I yield provided I do not lose my position, and that I do not
make myself subject to the rule that no Senator shall speak
more than twice on the same subject in one day. With the
understanding that that does not occur I will yield to any
Senator who has a pressing matter to bring before the Senate.
The PRESIDENT pro tempore. The Senator will not lose
liia right by yielding.
Mr. GAMBLE. I suggested when this matter was brought
up that if it would provoke discussion I would interpose an
objection.
The PRESIDENT pro tempore. Under the rules of the Sen
ate it is obligatory upon the Chair to lay down a message from
the House, or it may be called up by any Senator.
Mr. SMITH of Georgia. But having laid it down, it can not
again be taken up by the Senate except upon motion favorably
acted upon by the Senate. A mere message from the House
does not control the mode of procedure in the Senate beyond
presenting it to the Senate.
The PRESIDENT pro tempore. Not at all.
Mr. SMITH of Georgia. And the motion is not in order over
objection unless the Senate determines to take it up and proceed
with it.
The PRESIDENT pro tempore. That is correct.
Mr. SMITH of Georgia. I understand this matter will take
only a few minutes, and that the Senator from Utah will not
press his motion when he understands that we on this side will
desire to discuss each of those 98 amendments.
Mr. SUTHERLAND. Of course, I quite understand the situa
tion. The Senator from Georgia and others upon the other side
of the Chamber are very much opposed to this bill, and I under
stand that such discussion will be had upon the amendments
that time will not permit our taking a vote upon it. I think
that is the situation.
Mr. SMITH of Georgia. I think it is utterly impossible to
consider those amendments satisfactorily before 12 o’clock to
morrow.
The PRESIDENT pro tempore. The Chair is of opinion
that having presented the message to the Senate, an objection
to its present consideration will lie unless a motion be made
to proceed to its consideration.
Mr. SUTHERLAND. I move that the Senate proceed to (he
consideration of the bill. It will not take us long to dispose
of it.
Mr. ROOT. The Senator means the conference report?
The PRESIDENT pro tempore. No; it is a Senate bill with
Ilouse amendments.
Mr. GAMBLE. Mr. President—
The PRESIDENT pro tempore. That motion is not debatable.
Mr. GAMBLE. I understand that, of course, this will dis
place the present order of the Senate?
The PRESIDENT pro tempore. It will displace it if
agreed to.
Mr. GAMBLE.
And there is notice given here that it will
lead to endless discussion upon 98 amendments.
The PRESIDENT pro tempore. The Senator from Utah
moves that the Senate proceed to the consideration of the
Senate bill with House amendments.
The question being put, there were, upon a division—ayes IS,
noes G
.
Mr. SMITH of Georgia. I make the point of no quorum.
The PRESIDENT pro tempore. Not a quorum has voted.
The roll will be called.
The Secretary called the roll, and the following Senators
answered to their names:
Bacon
Borah
Bradley
Brandegce
Bristow
Bryan
Burnham
Burton
Catron
Chilton
Culberson
Cummins Dillingham
Fall
Fletcher
Gallinger
Gamble
Gardner
Gore
Gronna
Guggenheim
Johnston, Ala.
.T
ones
Lippitt
Lodge
McCumher
McLean
Martin, Va.
Myers
Nelson
O’Gorman
Oliver
Page
Penrose
Perkins
Pittman *
Pomerene
Richardson
Sheppard
Simmons
Smith, Ga.
Smith, M
d.
Smith, Mich.
Stephenson
Sutherland
Thomas
Thornton
Townsend
Watson
Webb
Williams
COX(xRESSiOX A L liECOll D— SEX A T E.
4 6 74
The PRESIDENT pro tempore. Upon tlie call of the roll
51 Senators have answered to their names. A quorum of the
Senate is present.
Mr. SUTHERLAND. To save time I ask for the yeas and
nays.
The yeas and nays were ordered.
Air. (4 T, PERSON. 1 should like to have the motion rest a text.
The PRESIDENT pro tempore. The Senator from Utah [Air.
S e t i ik b l a n d ] niovfls that the Senate proceed to the considera
tion of a Senate hill with House amendments—Senate bill 5382—
"Aii act to provide an exclusive remedy and compensation for
accidental injuries." and so forth.
Air. CULBERSON. I suggest the absence of a quorum.
The PRESIDENT pro tempore. The Chair will state to the
Senator from Texas that the roll has just been called and a
quorum is present. The question is upon the motion of the
Senator from Utah, upon which the yeas and nays have been
ordered. The Secretary will call the roll.
'Elio Secretary proceeded to call the roll.
Air. SUTHERLAND (when his name was called). I am
paired with the Senator from Arkansas [Air. C l a r k e ]. I
transfer that pair to the Senator from Nebraska [Air. K r o w x J
and vote “ yea.”
Air. WARREN (when his name was called). I wish to
announce my pair with the senior Senator from Louisiana
[A ir. F o s t e r ].
The roll call was concluded.
Air. BRADLEY (after having voted in the affirmative). I
notice that the Senator from Indiana [Air. K e e n ] is not in the
Chamber. 1 transfer my pair with that Senator to the Senator
from Alaryland [Air. J a c k s o n ] and will let my vote stand yea.
Air. SAIIT1T o f Alichigan (after having voted in the affirma
tive). I voted inadvertently, but I desire my vote to stand with
the announcement that I transfer my pair with the Senator from
.Missouri [Air. R eed ] to the Senator from Wisconsin [Air.
S t e p h e n s o n ].
Air. GUGGENHEIAI (after having voted in the affirmative).
T wish to inquire if the senior Senator from Kentucky [Air.
P a v n t e r ] has voted.
The PRESIDENT pro tempore. That Senator has not voted.
Air. GUGGENHEIAI. I wish to withdraw my vote.
Air. STONE. I inquire whether the Senator from Wyoming
[Air. C l a r k ] h a s v o te d ?
The PRESIDENT pro tempore. That Senator has not voted.
Air. STONE. I have a general pair with that Senator.
All1 CULBERSON (after having voted in the negative).
.
Has the Senator from Delaware [Air. nu P o n t ] voted?
The PRESIDENT pro tempore. The Chair is informed that
that Senator has not voted.
Air. CULBERSON. I transfer my general pair with that
Senator to the Senator from Nebraska [Air. H it c h c o c k ] and
allow my vote to stand.
Air. CHILTON (after having voted in the affirmative). I
have a general pair xvith the Senator from Illinois [Air. Cull o m ],
I transfer that pair to the Senator from New Jersey
[M r. AL\r t i n e ] and allow my vote to stand.
Air. SIAIAIONS. I wish to inquire whether the Seuator from
Minnesota [Air. C l a p p ] has voted.
The PRESIDENT pro tempore. The Chair is informed that
that Senator has not voted.
Air. SI AIAIONS. I withhold my vote. I have a general pair
with that Senator.
The result was announced—yeas 41, nays 10, as follows:
YEAS—44.
Borah
Bourne
Bradley
Brady
Brandcgcc
Bristow
Burnham
Burton
Catron
Chamberlain
Chilton
Bacon
Bryan
Culberson
Ashurst
Bankhead
Briggs
Brown
Clapp
Viark. Wyo.
Chlrko. Ark.
1 'ullont
Curtis
Dixon
du Bout
Crane
Crawford
Cummins
Iiillingham
Ballinger
Gardner
Gronna
.T
ones
Kenyon
Lea
Lippitt
Lodge
AIcCumber
AleLean
Martin, Ya.
Nelson
O’Gorman
Oliver
Page
Pittman
Pomerene
Richardson
NAYS— 10.
Fletcher
Sheppard
Gamble
Smith, Ga.
Myers
Thomas
NOT VOTING—41.
Fall
Atari ine. N. J,
Foster
Newlands
<
lore
Overman
<
iuggenheim
Owen
Hitchcock
Payliter
Jackson
Penrose
Johnson, A
le.
Percy
Johnston, Ala.
Perkins
Kavanaugh
Poindexter
Kern
Reed
La Follette
Shively
Root
Smith, Alien.
Smith, S. Cj
Smoot
Sutherland 1
Thornton
'Townsend
Watson
Webb
Wetmore
Williams
Tillman
/
/
Simmons/
Smith, Afiz.
Smith. Aid.
Stephenson
Stone /
Swanson
Warren
Works/
ALuicii 3
So the motion was agreed to. and the Senate proceeded to con
sider the amendments of the House of Representatives to the bill
( S. 5582) to provide an exclusive remedy and compensation for )i(._
cidental injuries, resulting in disability or death, to einployees
of common carriers by railroads engaged in interstate or foreign
commerce or in the District of Columbia, and for other purposes
Air. SUTHERLAND. Air. President, I desire to make a verV
brief statement about this bill. The bill was introduced in the
Senate something more than a year ago. It was reported out of
the Judiciary Committee after a very full hearing and investi
gation of the subject, and passed the Senate on March I, 19
It went to (lie House, was there referred to the Judiciary ( ’0n’’‘
mitteo of the House. It was reported out of the Judiciary Com
mittee of the House by a vote of 10 to 5 o f that committee, as r
am informed. The bill passed the Senate by a vote of 04 for to
15 against. It passed the House yesterday by a vote of m0re
than two-thirds of the membership of the House in favor of the
bill, as I recall—218 in favor of the bill to about 80 or ,sq
against if.
The bill has been fully considered in both Houses. The hip
comes back to the Senate with 08 amendments. A vast majority
of those amendments are formal in character, to which nobody
could have any objection. There are a few of the amendment’s
that are material in character. One o f the amendments propose
to increase the maximum amount o f compensation which will be
allowed. Under the bill as it passed the Senate provision \
V;ls
made for a maximum compensation of $00 a month and a mini
mum of $25 a month. The House has increased that to a maxi
mum of $60 a month.
According to the statistics, which were gathered very care
fully by the commission which had this matter in charge, tilft
number of employees in the Railway Alail Service who sustain
injury during the course of a year or are killed, whose salaries
are more than $100 a month, and therefore who would receive
compensation exceeding $50 a month, are 15 per cent. As nearly
as I can estimate it, perhaps 10! per cent, that is two-thirds of
the 15 per cent, would receive the enlarged compensation of xt*,
a month, which would add $10 a month.
The figures which we originally gathered show .that the rail
road companies of this country for this class of injuries and
deaths were paying approximately $10.500,000 per annum. Un
der the terms of the bill as reported to the Senate originally the
railroad companies would be obliged to pay for the same in
juries and deaths approximately $J5,000,000 in the manner
provided by the bill.
Under the amendments which were adopted by the Senate,
as nearly as we could estimate, something like $51,000.000 would
be added to the bill, making the approximate amount paid under
the bill about $18,000,000.
As nearly as we can estimate it. the amendments made |
»y
the House in the respect to which I have called attention would
add approximately another million dollars to the bill, which
then would require the payment upon the part of the railroad
companies of approximately $19,000,000 per annum, as against
%
$10,500,000.
Air. President, those figures as I have given them are not
mere guesses; they are based upon statistics most ca refully
gathered and upon computations made by experts whom- tn<»
commission obtained from the Census Bureau. So they may
be regarded as accurate.
Therefore we have this situation: There are in the United
States 011 the various railways 1,700,000 employees. Out of
that number of employees we know from what has happened in
the past that approximately 4.000 will he killed every year.
We know that 160,000, or approximately that number, will |e
>
injured in one way or another every year.
This vast sum o f money to which T have called attention,
$10,500,000, under the cxisiing system is not distributed to all
the men who are injured and to the dependents of all the men
who are killed, but it goes to that portion of them who are
able to maintain an action in court or who are able to obtain
settlement with the railroad companies without resorting to
the courts.
So, Air. President, the result is that a portion of the men
who are injured and the dependents of those who are killed
get this sum o f money which is paid by the railroad company,
while a portion of them get nothing at ail. As nearly as we
could estimate it about 50 per cent of those who sustain injury
or are killed are unable to recover anything at all, and about
50 per cent are able to recover something. Some of them get A
large judgments; some of them get wholly inadequate judg
ments; and 50 per cent o f them get nothing at all.
But that is not the end of the story. Of Ibis $10,500,000. ap
proximately one-half is wasted in the process of going from the
treasury of the railroad companies to the pockets of the em-
1913.
CONGRESSIONAL RECORD— SENATE.
4G93
Par fluent the statement that its last plan, if they saw fit to
The yeas and nays were ordered, and the Secretary proceeded
recommend and Congress to adopt it. would cost the Govern to call the roll.
ment more than what the Government now pays.
Air. DILLINGHAM (when his name was called). Owing to
Mr. BRISTOW. I am not in favor of the plan submitted by my general pair with the senior Senator from South Carolina
the Postmaster General for readjusting the railway mail pay, [Mr. Tillman], who is absent. I withhold my vote.
although it has some good features to it. But not only do we
Mr. SMITH of Michigan (when his name was called). I
l,f»y the railroads very much more per pound for carrying the again announce my pair with the junior Senator from Missouri
mails than the express companies pay, but we also pay them [Mr. R ked]. In his absence, I withhold my vote.
$5,000,000 a year for the rent of cars. We pay them a big
Air. SAI1TII of South Carolina (when his name was called).
price per ton for the mail, and then we rent from them the I have a general pair with the Senator from Delaware lAir.
0< in which this mail is placed. We pay them $5,000,000 an R ichardson]. In his absence, I withhold my vote.
‘>rs
The roll call was concluded.
nually for the car service.
As I said before, no man can tell what additional weight
Air. SAUTE of Michigan. Through the courtesy of tlie Sena
‘ here will be because of the parcel post. If we are to pay them tor from West Virginia, I transfer my pair to tlie Senator from
Illinois [Air. Cullom] and will vote. I vote “ yea.”
nn additional amount because of the parcel ]>ost, we ought to
Air. DILLINGHAAI. I transfer my pair with tlie Senator
establish some system by which this kind of freight shall he
carried and fix the rates that shall be paid. If you fill the cars from South Carolina [Mr. T illman] to the Senator from Ne
braska IAir. Brown] and will vote. 1 vote “ yea.”
with freight and pay a mail rate for it, of course you will in
Air. LEA. I desire to announce that.the junior Senator from
crease the amount of compensation which the railroads re
ceive. To my mind that is an amazing proposition—to leave Tennessee 1Mr. Webb] is necessarily absent. lie is paired with
the junior Senator from New Hampshire [Mr. B urnham]. I
Mm rate for liigh-class mail where it has been and then move
Ihe freight of the country that goes by parcel post, so far as make that announcement for the night.
Air. CHILTON. Under the arrangement "Stai^jd by the Sena
Gie payment of the railroads is concerned, at the same rate that
tor from Michigan [Air. Smith ], I transfer my>siir and will
we pay for mail.
vote. I vote “ yea.”
-Air. BOUIINB. Mr. President-----Air. AIYKKS. I have a pair with the Senator from CNniectiThe PRESIDENT pro tempore. Does the Senator from Kan
cut IA '. McLean]. I transfer that to the Senator from Amelia
W
sas yield to the Senator from Oregon?
IAIiv S mith] and tvill vote. I vote “ nay.'
Mr. BRISTOW. I do.
The result was announced—yeas 47, nays 32, as follows:
Mr. BOURNE. Does the Senator think that between now
and the time of the adjournment of Congress we will have the
YEAS—47.
opportunity of working all that out and putting it into legisla jRankhead
Curt is
I.tppitt
Smith. Mich
tion ?
"Bourne
Dillingham
Lodge
Smoot
Bradley
Fall
McCumber
Stephenson
Mr. BRISTOW. I do not, of course, because Congress i Brady
Foster
Oliver
Stone
going to adjourn at 12 o’clock to-morrow. This appropriatl
Braudegee
Ballinger
Owen
Swanson
Bryan
Gamble
bill, however, is for the fiscal year ending June 30. 1914; a
Cage
Thornton
Gronna
Paynter
Townsend
there is time to work out a better system than tins between Burton
Patron
Guggenheim
Penrose
Warren
now and when that fiscal year begins.
Chilton
Johnson, M
e.
Root
Wetm
ore
.vo.
Jones
I wish I could impress upon the Senate the fact that The Clark, W
Sheppard
Williams
Kavanaugh
Simmons
Works
Parcel post—which is freight— is being used as an instrument to Clarke, Ark.
l.ea
Crane
Smith, Ga.
increase the railway mail pay according to mail rates. It seems
NAYS—12.
to me the sensible thing to do would be to readjust (lie railway
Kenyon
A.shurst
Myers
Pomcrene
mail pay and fix the compensation upon a fair basis froi
Kern
Bristow
O'Gorman
Sutherland
standpoint of justice and equity to the people of the IL
Cummins
J Follette
.a
Poindexter
Thomas
States, who pay the bills, as well as to tlie railway compa
NOT VOTING—36.
that receive the money.
Bacon
Cullom
McLean
Reed
So, instead of this arbitrary increase, I think it would
Borah
Martin, Ya.
Dixon
Richardson
Marline, N. J.
Briggs
l»een better to have followed out the suggestion made by
du Font
Shively
Brown
Fletcher
Nelson
Smith, Ariz.
Senator from Georgia—that is, that an account he kept by
Gardner
Newlands
Burnham
Smith. Md.
department as to the increase in the amount during the y
<
tore
Overman
Chamberlain
Smith, S. C.
Hitchcock
Percy
Tillman
Clapp
due to the parcel post, and then fix the rate of compensati
Jackson
Perkins
Watson
for this increased freight business from the standpoint of jusv- Crawford
Culberson
Johnston, Ala
Pittman
Webb
tice and equity to all concerned.
So tlie conference report was agreed to.
I do not care to prolong the discussion. I am simply enter
PUBLIC BUILDINGS BILL.
ing my protest against increasing tlie railway mail pay of the \
Mf- SUTHERLAND submitted the following confp
United States 5 per cent on what it now is, upon an estimate
made from data collected for 32 days in January in 45 or 50 PortN.
offices in the United States.
The eoiiuTHU.ee of conference on theidywrgreeing votes of the
As to the magazines—the blue-tag system—there is left to a
4ueniJiumU--^4ht*''Seiiate to the bill (H. R.
commission the determination of the best way of adjusting two Houses on tTie-H
that problem as to the second-class rate. If they can wait for 2S76G) to increase the limit of cost of certain public buildings:
u proper ascertainment of what would be just, why can not the to authorize (in* enlargement, extension, remodeling, or improve
railroads wait for a proper ascertainment as to the increased ment of certain public buildings: to authorize the erection and
completion of public buildings: to authorize the purchase of
business that they will have?
It is claimed that we want to do justice to the railways, and sites for public buildings; and for other purposes; further re
that is true. Nobody wants to do an injustice to the railways. ports that upon four amendments in dispute the Senate recede
Nobody proposes to do an injustice to the railways. What I from its disagreement, on Nos. 203. 217, and 218 and that the
Propose is that we wait until we see what burden—if that term House recede from its disagreement to the amendment of the
may he used—is placed upon them, and then pay them for the Senate numbered 241. and agree to the same with an amend
ment as follows: In lieu of the matter proposed by said amend
additional work they do from some equitable standpoud.
It is said that the reweigliing would cost $500,000, and that ment insert the following:
“ Sec. 25. That for the purpose of preventing the pollution
the additional weight would entitle the railroads to more pay
than tliev would receive under the present provisions of the and obstruction of Rock Creek and of connecting Potomac
bill. That is something that nobody knows. There is an exag Park with the Zoological Park and Rock Creek Park a commis
gerated idea as to the weight of the parcel post. Nobody can sion, to be composed o f tlie Secretary of the Treasury, the Sec
estimate accurately what it will he. I protest against increasing retary of War, and the Secretary of Agriculture, is hereby au
the pay of these companies when the officials of the department thorized and directed to acquire, by purchase, condemnation, or
declare that they are already paid more than they ought to be, otherwise, such land and premises as are not now the property
• U want a readjustment. I say we should proceed first to the of the United States in the District of Columbia shown on the
Td
readjustment of the pay without increasing the rate and allow map on tile in the office of the Engineer Commissioner of the
ing them mail pay upon the freight business that we have District of Columbia, dated Alay 17. 3911. and lying on both
sides of Rock Creek, including such portion of the creek bed as
given them.
may he in private ownership, between the Zoological Park and
I hope the conference report will not he adopted.
The PRESIDENT pro tempore. The question is upon agree Potomac Park; and the sum of $1,300,009 is hereby authorised
to he expended toward the acquirement of such land. That all
ing to the oonfeience report.
lands now belonging to the United States or to the District of
Mr. BRISTOW. Upon that I ask for the yeas and nays.
COXGKESSIOXAI RECORD— SENATE.
Columbia lying within the exterior boundaries of the land to
be acquired by this act as shown and made a part of the park
way herein authorized, to be acquired. One-half of the cost of
the said lands shall be reimbursed to the Treasury of the United
States out of the revenues of the District o f Columbia in eight
equal annual installments, with interest at the rate of 3 per cent
per annum upon the deterred payments. That should the com
mission decide to inst itute condemnation proceedings in order to
secure any or all of the land herein authorized to be acquired,
such proceedings shall lie in accordance with the provisions of
the act of Congress approved August 30, 1890, providing a site
for the enlargement of the Government Printing Office (U. S.
Stats. L., vol. 20, ch. 837).”
And the Senate agree to the same.
G eorge S u t h e r l a n d ,
F . E. W a r r e n ,
C. A . C u l b e r s o n ,
Managers on the part of the Senate.
J o h n E. B u r n e t t ,
F r a n k Cl a r k ,
J. E . A n d r u s ,
Managers on the part of the Mouse.
Mr. WAR It EX. This is a full agreement?
-Air. SUTHERLAND. Yes. Air. President, I move that the
Senate agree to the conference report.
Air. KERN. Upon that I demand the yeas and nays.
The yeas and nays were ordered.
Air. CUMMINS. Before the vote is taken, I desire to speak
upon the motion for a moment.
It is commonly assumed, when one rises to speak upon a re
port of a conference committee at this stage of the session, that
it is his purpose to delay a vote upon it. I disclaim any such
purpose. I do not want my vote to be recorded against this re
port, however, without a word of explanation. I am opposed to
a public buildings bill-----Air. KERN. Air. President-----The PRESIDENT pro tempore. Does the Senator from Iowa
yield to the Senator from Indiana?
Mr. CUAIMINS. I do.
Air. KERN. I suggest the absence of a quorum.
The PRESIDENT pro tempore. The Senator from Indiana
suggests the absence of a quorum. The Secretary will call the
roll.
The. Secretary called the roll, and rlie following Senators'answered to their names:
Ashurst
, Bourne
Brady
Brandegee
Bristow
Bryan
Burton
Catron
Chilton
Clapp
Clark, Wyo.
Clarke, Ark.
Crane
Cummins
Curtis
Dillingham
Fall
Foster
Gallinger
Gamble
Gore
Gronna
Guggenheim
Johnson, .M
e.
• o es
Tn
Kenyon
Kern
La Follette
Lea
Lippitt
Lodge
McCumber
Martine, N. J.
Myers
Nelson
Newlands
Owen
Page
Paynter
Penrose
Pittman
Poindexter
Pomerene
Sheppard
Simmons
Smith. Ga.
Smilh, Mich.
Smith, S. C.
Smoot
Stephenson
Stone
Sutherland
Swanson
Thomas
Thornton
Townsend
AVarren
Wetm
ore
Williams
Works
The PRESIDENT pro tempore. On the call of the roll^00
Senators have answered to their names. A quorum o f the Sen
ate is present.
Air. CUAIAIINS. Air. President, my chief objection to the bill
as it now is relates to the modification or change which the
conference committee has made in what is generally known as
the Kern amendment.
It seems to me that when we are advised, as we have been
oftentimes, that the people of this country are not satisfied with
llie manner in which bills of this character are made up, we
ought to do what we can to prove to them they are framed
honestly and unselfishly for the public good.
I am not opposed to public buildings erected by the United
States throughout the country. On the contrary, I feel that
the Federal authorities ought to be liberal in the erection of
buildings for Government purposes. But a bill like this neces
sarily interests and affects almost every locality in the country,
and it is natural that those who assemble here in the Congress of
the United States are more directly concerned in their own
localities than in those that are remote from their residences
and their constituencies. The people believe that when w
re
come to make up a public buildings hill the Members are indif
ferent with regard to its extent, with regard to the amount of
money that is appropriated in it, and that they are made indiffer
ent because the demands of their own localities are satisfied,
and it is too much to ask of human nature that they judge im
partially and fairly of the items in the bill.
March 3
I do not know how many items there are in this bill that ought
not to be in it. I do not criticize any one of them. I especial] v
do not criticize the committee of conference. But in view u
‘f
what I have already stated, it seems to me that it is high time
that we should seek some other system to regulate our publi0
improvements. AVe ought to find some way in which a general
principle or policy could he enforced without incurring the ad
verse comment that I have already mentioned.
There is but one way to do it. and that is to prepare anq
adopt a plan, which we can do, with an eye single to the public
good, and then apply the plan to the country, let the buildings
go where they may. Then it will be understood by all the nig,,
of the United States that we are not trading our votes in order
to secure advantages for our own localities. Then it will p(,
understood that we are endeavoring to promote the general wel
fare and not the development o f a particular State or a particu
lar community in which we may he especially concerned.
That thought was uppermost in the minds of all Senators
here when the distinguished Senator from Indiana offered the
amendment when the bill was upon its passage. As I remember
it, the amendment was adopted by a unanimous vote. As £
recall it, there was no opposition to it, and there was no oppo
sition because we all saw that this at least was the beginning
of a system that might command the approval of the people of
the country.
We are asked now in this conference report to say that that
is a good principle for other Congresses, but not a good prin
ciple for this one. Although it might be useful in the future,
and although it would have no legal effect, I do not deny that
it might be of value when we come to determine these matters
in the future. But even though it; might he of some value,
there is no reason that can be given for its application to future
bills that does not apply to the present bill with equal force.
What do we say to the people o f the country, declaring in one
breath that hereafter there shall be a limitation upon the loca
tion of public buildings throughout the country and that no
public building designed for post-office purposes alone should be
erected unless the postal receipts were $10,000 per annum, and
yet at the very same moment disregarding the principle so far
as our present action is concerned?
Air. President, there are two things that always ought to be
present in the minds of men when they come to legislate, indeed
in the minds of men in administering any phase of public
affairs. The first is to be right. The second is to so do right
that the people of the country will know that we are doing
right.
One great menace to free institutions in our country is the
loss of confidence which people are suffering or feeling in every
department of the Government—in our executive department
in our judicial department, and in our legislative department as
w ell. We can not survive a loss of the esteem and the confi
T
dence and the respect of the rank and file of the people. While
I do not suggest that we ought to pass any law or do anything
that we believe to be wrong simply because we may think it to
be popular, when we know that a system is wrong and that it
has robbed the Congress o f the United States of some of the
respect and some of the confidence which it ought to enjoy, the
time to regain that confidence, to restore the respect, is the mo
ment, and the first moment, in which we are called upon to act.
Senators, it is far better that the public improvement of the
United States, in so far as the erection o f buildings is con
cerned, should be arrested for a year or for a few months if we
can establish a system that will not only carry forward these
improvements as rapidly as they should be carried forward,
but at the same time prove to all the people that legislation
here is not the result of individual or selfish interest, but is the
result of a high regard for the public welfare and tlie common
good.
If tbe amendment proposed by the Senator from Indiana
should remain a part o f this bill, then we have proclaimed one
rule for future legislation as well as for the present legislation
that would go far toward removing from the minds of those
who look to us for protection and for government the suspicion
that we are not disinterested when we come to weigh the merits
of a bill o f this character.
I wish the amendment could go much further. I think we
ought to pass a law that would provide the conditions under
which these public buildings that are intended for a single pur
pose should be erected. I think we should make this an appro
priation that would be* used for the purpose of erecting these
buildings wherever these conditions are fulfilled, so that the
community that had no especial representative here would know
that its want, its just demand, would receive the same recog
nition at the hands of the Government as those communities for
which there appeared some special advocate.
1 9 19 .
D
CONG n ESSIONAL KECJOED— SENATE.
^Ir. President, I must be candid and say that there are a
It seems to me that if the Postmaster General and the Super
yh ood many appropriations in this bill for my own State. Some vising Architect together were to make plans, for example,
t'f them, most of them, would come probably within the rule that in towns where the receipts are $10,000 per annum a
established in the amendment to which I have referred. Some building might be erected that would cost $20,000, in towns
of them would not, and as to them, they ought to share the same where the receipts are $15,000 to cost $30,000, and so on. stand
fate that the towns in other States would suffer that could not ard plans and specifications could be devised, so that when we
passed a public-building bill instead of getting for one town a
fulfill the requirements of the amendment.
)Ve are about to enter a special session. It will be an easy building of $60,000 and another town with exactly the same num
l!*ing to prepare a public building bill based upon the idea of ber of people and the same post-office receipts $50,000 we would
jhe amendment. The operations of the Government will not be simply provide that in towns of that amount of post-office re
long deferred, no great interest will suffer; and, knowing as I ceipts we would erect a building of class A costing $20,000 and
do the temper, the real desire of the Senators here, it seems to in another town a building of class I» costing $30,000, and in that
nie that we ought to defer the public building bill until it can way we would avoid much of the expense in the architect’s
oe framed by the committee, guided by, controlled by.the sug office. But those are things that, like the Kern amendment,
have not been put into formal shape in the past. They ought
gestions of this amendment.
I hope, and I hope it earnestly, that this bill will not become a to be put into definite shape in the future.
The Kern amendment as modified will serve, I think, a very
law. notwithstanding the very many excellent features that I
know it has. With regard to most of it I have no especial in useful purpose. It is a declaration of Congress in this statute
formation, and I take it that no Senator here could have special that hereafter no building shall be erected in any town where
information. I take it that even the committee that reported the post-office receipts are less than $10,000, and that no site
Ike bill in the first instance had not and could not have exten- shall be authorized in any town where the post-oliice receipts
sive knowledge with regard to all the items that were con- are less than $6,000. With that upon the statute books the
la ined in the bill as it came from the House of Representatives. committees in the two Houses will feel bound by it, and bills
And i am accusing no man of any improper motive. I acquit, which do not meet these requirements will not be considered,
and I do it gladly, the Members of the Senate from any intent and we will not be bothered with these questions in the future.
to gratify their own communities at the expense o f the public But the House conferees took the position that this bill has been
good; but I indict the bill because it is bottomed upon a false framed as bills in the past have always been framed and that
system. We never will present legislation acceptable to the there would be hardship and, to some extent, injustice done by
people of this country in either a general buildings enactment' making this rule apply to the items in this bill. Those items
are not numerous. There are, I think, not to exceed three or
or a rivers and harbors enactment until we change the system.
I know the people of the country are not parsimonious. They four at the outside that were put on by the Senate; just how
are not objecting because we spend sufficient money to erect many were put on in the other House I am not able to say,
public buildings wherever they are needed. They gladly and but compared with the total amount of the bill they are rela
willingly approve appropriations that are intended for the im tively trivial.
provement of our great inland waterways, as well as our har
As I said in the beginning, we can not have our own way
bors. But what they want to know, and they have a right to about all these matters. The Senate conferees have done the
know, is that the appropriations are determined not because of best they could. We have receded from some of the items,
a collection of all the interests that may be centered in the very much to my regret. We have receded from the armory
House of Representatives and in the Senate, but that they are item, which I think was one of the most important items in the
made after a careful and comprehensive review, and made ac bill, but it was necessary to do so in order to agree upon the
cording to a plan that has been adopted after mature consider- remainder of the bill. We have receded from an item in which
tion and after intelligent study of the whole subject.
the Senator from New York [Mr. O’Gorman] is interested—
r therefore, Mr. President, will find it impossible to give my providing for the purchase of a site in the city o f New York,
assent to this bill, and as reluctantly as I do it, I mean reluc amounting to $3,000,000. I think that it is unfortunate that
tantly in the sense of disappointing some who feel that the bill we were compelled to give that up, but we were obliged to do
so. We have given up probably altogether something like
is right. I shall vote against the adoption of the report.
Mr. SUTHERLAND. Mr. President, the Senator from Iowa $8,000,000 of the amendments put on by the Senate. It was
and myself have been in the Senate long enough to have dis absolutely necessary to do so if this legislation was to pass.
There are a vast number of not only important but very
covered that we can not, any of us, have our own way about
everything. The so-called Kern amendment was put upon the necessary provisions in this bill. There is the provision for the
bill and had my hearty approval. However, we had to deal erection of the Geological Survey Building, to cost something
with gentlemen from the other end of the Capitol who did not over $2,000,000, a structure that is absolutely necessary. We
have kept in the bill the provision for the acquirement of
agree with the amendment.
The rule proposed by the Kern amendment has never been ground to add to the Rock Creek Park, a very necessary and
the rule before. I have heard it stated on the floor that there important item. We have kept in the bill a provision for in
lias been a practice heretofore which confined the erection of creasing the limit of cost for the building for the Bureau of
buildings to towns where the post-office receipts exceeded $10,000. Engraving and Printing, the item for the Archives Building, the
• have taken some trouble to inquire about that, and I find that item for the Patent Office Building, and a large number of
if is an entirely erroneous view. There never has been any others. It seems to me that, it would be unwise to permit a
Kueh practice. There never has been any such understanding. bill of this character to fail because there happen to be in it
1 think it should be the rule; and we have undertaken by the j some amendments that everybody does not like or some items
modified amendment fo provide, so far as we are able to do it, in the bill that would be subject to some criticism.
Mr. O’GORMAN. Mr. President, no Senator on any occa
that it shall be the rule in the future.
This bill went to conference three days ago. We have had sion when this bill was under consideration has attempted to
three different conferences about it. Twice before it has been justify or defend ils provisions. Some Senators, like the
reported to the Senate as in disagreement upon several of the chairman of the committee, have endeavored to excuse certain
items. The Senate conferees have done the very best they of its provisions, but 1 repeat that no single Senator has had the
could with the Senate amendments which were put upon the bill. temerity to rise in his place on this floor and declare that this
I agree with much that flie Senator from Iowa has said. I was a good piece of legislation. It is labeled a “ publicthink we proceed in this public building matter in a rather hap buildings bill.” We would indulge in no extravagant phrase
hazard fashion, and I think we ought to adopt in the future ology if we should call it a “ public-plunder b ill” ; and I move.
Kome definite plan. I think, for example, that we are paying Mr. President, at ibis time that the report of the conference
altogether too much for the erection of the buildings in the committee lie on the table, in the hope that at another time, and
smaller towns; and much of it arises from the fact that we in the near future, necessary public buildings may be erected
have no definite and settled plan. If I had my way about it, and a provision offered devoid o f the extravagance and waste
1 would have the Postmaster General and the Supervising Archi which distinguishes this proposed legislation.
The PRESIDENT pro tempore. The Senator from New York
tect together prepare certain definite plans for buildings in the
towns throughout the United States of various sizes. There moves that the conference report lie on the table. [Putting the
is no reason in the world why there should not be erected in question.] The noes appear to have it.
Mr. KENYON and Mr. O’GORMAN called for the yeas and
-<>0 different towns in the United States 200 buildings of exactly
tlie same type. They do not stand side by side so as to offend nays, and they were ordered.
The Secretary proceeded to call the roll.
the artistic sense. They are in different towns and scattered
Mr. CHILTON (when liis name was called). I have a genftbout through the country, and if two of the buildings were
i oral pair with the Senator from Illinois [Sir. Cvli.om], but
exactly alike, as I have said, there could be no objection to it.
CONGKESSIOXA L KECORD— SENATE.
469(5
under my arrangement with him I have authority to vote. I
vote “ nay.”
Mr. DILLINGHAM (when his name was called). I transfer
my pair with the senior Senator from South Carolina [Mr.
T i l l m a n ] to the Senator from Nebraska [Mr. B r o w n ] a n d
vote. I vote “ nay.”
Mr. NELSON (when his name was called). I have a gen
eral pair with the senior Senator from Georgia [Mr. B a c o n ]
and on that account withhold my vote.
Mr. SMITH of Michigan (when his name was called). I
make the same announcement as on the previous roll call, and
shall 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 ic h a r d s o n ] . I transfer that pair to the Senator from Indiana
[Mr. S ii i v e l y ] and will vote. I vote “ nay.”
The roll call was concluded.
.M MYERS. I transfer my pair with the Senator from Con
i-.
necticut [Mr. M c L e a n ] to the Senator from Arizona [Mr.
S m i t h ] and vote. I vote “ nay.”
Mr. SIMMONS. I have a general pair with the junior Sena
tor from Minnesota [Air. C l a p p }. I do not see him in the Cham
ber and I do not think he is among those who are recorded as
voting.
The PRESIDENT pro tempore. That Senator has not voted.
Mr. SIMMONS. I transfer my pair with him to the Senator
from Virginia [Mr. M a r t i n ] and vote. I vote “ nay.”
The result was announced—yeas 17, nays 46, as follows:
Bristow
Cummins
Gardner
(lore
Gronna
Ashurst
Bankhead
Bourne
Bradley
Brady
Brandegee
Bryan
<'atrou
Chamberlain
Chilton
Clark, Wyo.
Clarke, Ark.
Bacon
Borah
Briggs
Brown
Burnham
Burton
Clapp
Crane
YEAS—17.
Owen
Page
Stone
Thomas
Townsend
NAYS—46.
M
cCumber
Curtis
Dillingham
Martine
Myers
Fall
Newlands
Foster
Ballinger
Oliver
Payliter
Gamble
Guggenheim
Penrose
Pittman
Johnson
Poindexter
Jones
Kavanaugh
Boot
Sheppard
Lippi tt
Simmons
Lodge.
NOT VOTING—32.
Johnston, Ala.
Crawford
McLean
Culberson
Martin, Ya.
Cullom
Nelson
Dixon
Overman
du Pont
Percy
Fletcher
Hitchcock
Perkins
l’omerene
Jackson
Kenyon
Kern
La Follette
Lea
O'Gorman
Williams
Works
Smith, Ga.
Smiih. M
ich.
Smith, S. C.
Smoot
Stephenson
Sutherland
Swanson
Thornton
Warren
Wctmore
heed
Kichardson
Shively
Smith, Ariz.
Smith, Md.
Tillman
Watson
Webb
So Mr. O ’ G o r m a n ’ s motion to lay on the table was rejected.
The PRESIDENT pro tempore. The Chair feels it incumbent
upon him to make a statement to the effect that the motion
made by the Senator from New York [Mr. O 'G o r m a n ] was in
advertently entertained by the Chair. The only motion in refer
ence to conference reports is as to whether or not they shall be
agreed to. The motion is not amendable, and it has to be direct.
The question now is on agreeing to the conference report.
Mr. KERN. Mr. President, I have not the strength nor have
I the inclination to occupy the time of the Senate to any great
extent at this hour of the morning. I f I believed that any ma
terial interest in this country would suffer by the defeat of this
bill. I would interpose no objection to its passage under the
circumstances that now surround us, but I can not persuade my
self that any such interest would suffer by the postponement of
the passage of any such bill as this to some time in the future.
A special session of Congress will be called to convene on the
1st of April next, a little less than a month away. Upon to-mor
row a new President of the United States will be inaugurated,
a man who is pledged to carry out the promises of the Demo
cratic platform. A new Congress will come in. In 60 days from
this time every interest that is affected by this bill can be well
taken care of and a public buildings bill can be framed on fair,
equitable, and just lines. I see no reason for haste in passing
this bill, nor do I see any reason for the great interest that is
manifested here to-night that it should pass in its present form,
which, according to an almost unanimous vote of the Senate
taken a few days ago, is objectionable in the extreme.
In my judgment, Mr. President, the measure which we have
now before us is the boldest and most audacious raid on the
Public Treasury that has been attempted in recent years.
Mr. PENROSE. Will the Senator from Indiana permit an
interruption in order that the action of the House of Represent
March
atives on the naval appropriation bill may be laid before the
Senate?
Mr. KERN. Certainly.
NAVAL APPROPRIATION HILL.
The PRESIDENT pro tempore laid before the Senate Uio
action of the House of Representatives agreeing to the report
of the committee of conference on the disagreeing votes of tj ,,
two Houses on the amendments of the Senate to the bill (H j*
28S12) making appropriations for the naval service for ’<),*'
fiscal year ending June 30, 1914, and for other purposes, p/'
sisting upon its disagreement to the amendments still in ’ dis
agreement, and requesting a further conference with the Senate
on the disagreeing votes o f the two Houses thereon.
Mr. PENROSE. 1 present the report of the committee «,f
conference on the naval appropriation bill.
The PRESIDENT pro tempore. The report will be read.
The Secrteary read the report, as follows:
The committee of conference on the disagreeing votes of the
two Houses on the amendments of the Senate to the bill (]]. j,'
28812) making appropriations for the naval service for the
fiscal year ending June 30, 1914, and for other purposes, hav
ing met, after full and free conference have agreed to recom
mend and do recommend to their respective Houses as follows;
That the Senate recede from its amendments numbered 1 q
7, 8, 9, 12, 28, 29, 35, and 37.
That the House recede from its disagreement to the amend
ments of the Senate numbered 6, 11, 14, 15, 16, 17, 18, 19, 20 * 2
>
25, 26, 27, 30, 31, 34, 36, 38, 40, 41, 42, 43, 44, 51, and 52, and’
agree to the same.
That the House recede from its disagreement to the amend
ment of the Senate numbered 2, and agree to the same with an
amendment as follows: Strike out all of said amendment and
in lieu thereof insert the following: “Provided, That the Presi
dent is hereby authorized, by and with the advice and consent
of tiie Senate, to appoint the dentist now at the United States
Naval Academy a dental surgeon in the Navy for duty at the
United States Naval Academy, to have the corresponding rank,
pay, and allowances as the senior dental surgeon now at the
United States Military Academy: And provided further, That
he shall not be eligible for retirement before he has reached
the age of seventy years, except for physical disability incurred
in the line of du ty” ; and the Senate agree to the same.
That the House recede from its disagreement to the amend
ment of the Senate numbered 4, and agree to the same with
an amendment as follows: Restore the matter stricken out
and add the following proviso: "Provided, That section i486
of the Revised Statutes shall not apply in the case of officers
who enter the Navy after the passage of this act, and all such
officers shall take precedence when of the same grade accord
ing to their respective dates o f commission in that grade ” ; and
the Senate agree to the same.
On page 3 of the bill, line 25. strike out the word “ fifty ” and
in lieu thereof insert the words “ thirty:five.”
That the House recede from its disagreement to the amend
ment of the Senate numbered 5, and agree to the same with an
amendment as follows: Strike out all of said amendment after
the word “ specified ” in line 7; strike out the comma and
insert a period; and the Senate agree to the same.
That the House recede from its disagreement to the amend
ment of the Senate numbered 10, and agree to the same with an
amendment as follows: Strike out “ $46,491.95” and insert in
lieu thereof “ $17,838.28 ” ; and the Senate agree to the same.
That the House recede from its disagreement to the amend
ment of the Senate numbered 13, and agree to the same with an
amendment as follows: After the word “ f o r ” strike out the
semicolon and insert the word “ and ” ; and the Senate agree to
the same.
That the House recede from its disagreement to the amend
ment of the Senate numbered 21. and agree to the same with an
amendment as follows: After the word “ stations” insert the
following: "Provided, That the sum to be paid out of this appro
priation for the purchase of land for sites for radio shore stations
shall not exceed $50,060; ” and the Senate agree to the same.
That the House recede from its disagreement to the amend
ment of the Senate numbered 23, and agree to the same with an
amendment as follow s: Strike out “ roadway to hospital,
$7,000 ” ; and the Senate agree to the same.
That the House recede from its disagreement to the amend
ment of the Senate numbered 24, and agree to the same with an
amendment as follows: Strike out “ $42,000” and insert in lieu
thereof “ $35,000” ; and the Senate agree to the same.
Page 29 of the bill, line 8, strike out “ $4,088,945 ” and in lieu
thereof insert “ $4,348,945.”
1913.
CONGRESSIONAL RECORD— SENATE.
is passed or not. Tlie good features of it can be reenacted or the Payne-Aldrich bill. That is something else that a great
we can start out on a new plan, as I hope we will, and make political party is now under.
every public building bill stand upon its own merit, as ought
1 Imye no dembt that this bill will pass by such a majority,
and thaKthe j^ e r s when they come will command similar ones.
to he the case.
Mr. THOMAS. Mr. President, I presume when debate has But, Mr. Rjpiitffiprit. I indulge the hope that the time has come—
JjWmuing, but the time has come—when different
ended this bill will in all probability pass. What has been said not
• in opposition to it can be said with reference to almost every niethaiS/AjmrprHuil and a different system of legislation will
one of the supply bills that have come before the Senate for con obi^fS^Tlie light wHLbreak in the east to-morrow morning, and
d order is eharf&gd.
sideration. What has been said by the Senator from Missis
^he PRESIDENT pro t&h^mre. The question is on Agreeing
sippi, I think, is especially applicable to most of them.
ty the conference report.
The Senator from Iowa [Mr. C u m m i n s ] has criticized
he calls the system behind a bill of this sort. To mymriind / Mr. OWEN. Mr. President, I dofret- want to detain the Sea
there is no system behind it except that which may be repre gate on this bill, but I do wrant to point out my objection to it,
sented by what I shall call a community of interest. What it which 1 will do in five minutes.
The vice of the bill is that there are very many items on it
needs is some system, and I hope that hereafter, as he states,
there will be some basis, if not that of the Senator from Indiana, which are more particularly designed to serve small localities
wfiere the general welfare does not require a public building,
some other.
It has been said that this is supposedly a conservative body, and so a large part of the expenditure is not really inspired ami
that is to say, that we deliberate much more largely than is controlled by the public welfare. Our whole country is going
possible in tlie House of Representatives, and hence it is per through a change of opinion, Democrats and Republicans alike.
Our people
fectly proper and natural that the vast body of the people should government. are beginning to consider more fully processes of
look to the Senate of the United States to exercise that con
I simply desire to put in the R ecord my objection to this lull,
servative influence toward the decrease instead of the increase
of public expenditures. I think I can say without the slightest just as I objected to the rivers and harbors bill, which was not;
hesitation that not a single one of these supply bills has come as I understood it and take it, moved by the general public in
to the Senate that has not beep sent back after it has been terest alone, but was moved largely by mere local interest. Two
largely increased here. I make That statement in no spirit of years ago I made a protest on the same ground against the
criticism, I merely state a fact, something for which this rivers and harbors bill when the previous bill passed. I re
newed it this time. 1 insisted upon the
Senate is no more responsible than many of its immediate proposal that the President might return Senate voting upon a
to Congress any item
predecessors.
on the bill which was not justified in the public interest; in
The conference committees that are now out have largely to other words, that he might exercise by a legislative act sub
do with additions made to the bills here. Take the naval ap stantially the right of veto upon any of these items, and in that
propriation bill, for example. The House proposed to build one way do away with the vice of cohering a large number of pri
battleship, which must cost somewhere over $10,000,000. The vate interests, so as to pass through a bill containing many
Senate demands two battleships, which will cost something over items of this kind which were not properly moved by the na
$32,000,000, and that in the face of the fact that we have five tional interests. There has been going on in our country for a
already that are uncompleted and are short 300 officers and year or two a very careful examination in regard to questions
0,000 men to properly equip and‘man those which we have com of economy and efficiency by the President’s Commission on
pleted heretofore.
Economy and Efficiency, Mr. Frederick A. Cleveland, Mr. W. W.
I know that there is no system there, but when I made, or Warwick, and Mr. M. O. Chance, commissioners.
attempted to make, a motion instructing our own members of
They have made a report to Congress upon the question of
the conference committee, if you please, not the committee economy and efficiency. I do not believe that any Member of
itself, whereby they could be authorized to recede from this the Senate or of the House has seriously considered the report
addition provided the Senate were so disposed, we were met made to us by the Economy and Efficiency Commission, but we
first with an objection that it was out of order—that is to say, simply go on ignoring the very work we have done in the inter
because of some musty precedent made, some time ago and read est of scientific legislation and pass these bills that are de
into the R ecord we were not. able, as a large business organiza risively called throughout the country pork-barrel bills. I
tion equipped with one-half of the legislative power of this greatly regret to have the country regard bills passing through
country, to instruct bur own members of the committee what the Senate as pork-barrel bills. I think the term is to a cer
we would like to h /ve them do. RuleSs of course must exist tain extent unjust. There are many things in this public build
in all deliberative bodies if we are going to make any progress ings bill that I very strongly approve of, particularly the Rock
whatever, but rules of that sort are not "designed to promote Creek provision for (lie park here in the National Capital.
but to prevent legislation, and seem to be used most effectively There are many items of that kind that I approve of, and that
in the expiring hours of this session.
I should like to see the law.
I merely wanted to call to the attention of the Senate and put
I will not call it an argument, and yet perhaps it was, but
the only position, that seemed tenable with reference to that in the R ecord , and I shall be content not to detain the Senate,
little episode of some hours ago was that tlie Senate had by the declaration of this commission with regard to the river and
a large majority expressed itself in favor of this additional harbor bill as to what we ought to do in that way. In the sum
expenditure of sixteen to eighteen million dollars, and it did mary o f proposed changes in law, setting forth what legislation
pot comport with our dignity to withdraw it or to give any such it is thought should be enacted in order to enable the adminis
instructions. Sometimes this body is long on dignity and tration to transact public business with greater economy and
perhaps a littlh short on proper methods of business procedure. efficiency with regard to rivers and harbors the commission
But I denyf Mr. President, because this body by a large propose—
majority is in support of or against a particular measure that
The enactment of legislation which will require that before any new
that is any reason whatever for supposing that it is right. projects for river and harbor improvement arc adopted, and before any
additional contributions are made for the purpose of developing canals
This body bv a large majority was for a long time opposed to roads, or other transportation facilities, a delinite plan shall he sub
a bill providing for the valuation of railroad property. My mitted and approved by Congress, pursuant to which all authorizations
distinguished friend, the Senator from ’W isconsin IMr. L a appropriations, or contracts for now improvements or developments of
this
e
made; and in such
recom
F ollette] /f o r a long time spoke to empty seats upon the floor m kind shall b granted or the conditions underan act it is Federal
ended that there be stated
which the
of tins body. He endured obloquy, derision, social and political Government will contribute to transportation enterprises to be carried
ostracism/because of his advocacy of one of the greatest meas on by municipal and State authorities.
ures that was ever written into the statute books of the coun
And so, with regard to public buildings, the commission pro
try, and/ the other day he saw it enacted into law vdthout * pose—
i
dissenting voice. In this body at least wT
heie is the gieat
The enactment of legislation requiring that before an authoriza
majority of the Senate which once expressed itself with so much tion, appropriation, or contract shall be made or entered into for any
new public building a comprehensive plan for Government housing
dignity against that measure?
shall he approved by the Congress in a separate hill, which shall govern
Tiny great majority of the Senate for some time, for thirty- its location and the conditions under which it shall he erected, and
odd years, was opposed to the principle of electing Senators by that thereafter any authorization, appropriation, or contract which
he in accordance
direct vote of the people. It took a long time to obtain a bear may he made or entered into shallmodification of thewith such plan or
in accordance with an authorized
same, and among
ing /upon such a proposition. But to-day it is within a few the conditions precedent to such action as set forth in tlie act would
States of being embodied in the Constitution, and that majoiity be a statement of the minimum of population of a city in which public
the minimum
for a
ag/insf those two measures has disappeared. Me are no longer buildings shallofhe constructed,the Government average rentalspay be
given number
years which
is required to
against these things; we are under them. Some time ago there fore an authorization may he given, the maximum of expenditures as
wfis a majority, and a large one, in this Chamber in favor of determined by a minimum rate of capitalization of average rentals, and
I
206
X I; I X
\
riff
COX GE ES>SIOX A L KECORI > SEX A TE.
—
4702
tlie eirenrastances or conditions under which the Government would
undertake to contribute to buildings which are used jointly for muni Bacon
cipal, State, and Federal purposes.
Borah
I was hopeful that these principles might be put into effect
in the river arid harbor bill which we just passed and in the
public buildings bill which we are about to pass. It was in the
line of that suggestion that the Senator from Indiana [Mr.
K e r n ] proposed the amendment which has now been practi
cally stricken out o f the bill, and which I think is much to he
regretted. I do not wish to be understood as criticizing the
committee of the House or the committee of the Senate, either;
we are all moved by habit and custom and practice, myself
quite as much as any other Member of this body and, perhaps,
even more so; and it is true that under the old customs with
regard to rivers and harbors and the public-buildings bill and
the sundry civil bill for that matter and tlie Indian appropria
tion bill a Senator is almost regarded as having the right to
come in and ask something out o f the bill as his part of what
is going on.
i remember when the tariff bill was up an appeal was made
to me as a Senator from Oklahoma that I might as well get
my part out of it while the thing was going, and I did actually
vote to put 15 per cent on oil because my State was engaged in
the oil business, producing some 50,000,000 barrels a year. It
was pointed out to me that it would save our producers down
there $7,000,000, and I was induced to make the fatal blunder
of giving my support to that item, and to that extent at least
contributing to the system o f an individual interest against the
general welfare. That is the vice of all these bills. It is the
cohering of the individual interest in such numbers as to iguore
the general welfare and producing vicious legislation along
those lines. The time has come to end it, and I say now here
in the Senate that there never will be passed through this body
again a pork-barrel bill either for rivers and harbors or for
public buildings.
The PRESIDENT pro tempore. The question is on agreeing
to the conference report, upon which the yeas and nays have
been ordered. The Secretary will call the roll.
The 'Secretary proceeded to call the roll.
Mr, CHILTON (when his name was called). Under the
arrangement formerly announced of the transfer of my pair
with the Senator from Illinois [Mr. C u l l o m ] I am at liberty
to vote. I voty “ yea.”
Mr. DILLINGHAM (when his name was called). I transfer
my general pairvyvith the senior Senator from South Carolina
[Mr. T i l l m a n ] to the Senator from Nebraska [Mr. B r o w n ]
and vote “ yea.”
Mr. MYERS (when his name was called). I transfer my
pair with the Senator from Connecticut [Mr. M c L e a n ] to the
S e n a to r from ArizonaVMr. S m i t h ] and vote “ yea.”
Mr. SIMMONS (wli&j Mr. O v e r m a n ’ s name was called). I
desire to announce that\iy colleague [Mr. O v e r m a n ] is paired
with the senior Senator from California [Mr. P e r k i n s ].
Mr. PAYNTER (when l?ts name was called). ML President,
has the senior Senator fronXCoIorado [Mr. Guggenheim ] voted?
The PRESIDENT pro tembore. The Chair is informed that
that Senator has not voted. \
Mr. PAYNTER. I have a general pair with him. I transfer
th at pair to the Senator from Maryland [Mr. S m i t h ] and vote.
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 ic h a r d s o n ],
I transfer that pair to the Senator from Vir
ginia [Mr. M a r t i n ] and vote. I vote “ yea."* ,
M l. CHILTON (when Mr. W a t s o n ’ s name whs called). My
1
colleague [Mr. W a t s o n ] has a general pair witliNJie Senator
from New Jersey [Mr. B r ig g s ].
The roll call having been concluded, the result
noimced—yeas 44, nays/16, as follows:
Ashurst
Bankhead
Bourne
Bradley
Brady
Brandegee
Bryan
Catron
Chamberlain
Chilton
Clapp
Bristow
Burton
Cummins
Gore
YEAS—44.
1
Clark, Wyo.
Lodge
C'larke, Ark.
McCumber \
Curtis
Martine, N. J.
Dillingham
Myers
Newlands
Fall
Oliver
Gallinger
Paynter
Gamble
Johnson, Me.
Penrose
Poindexter
.T
ones
Kavanaugh
Pomerene
Lippitt
Root
NAYS—16.
Gronna
Lea
Kenyon
O’Gorman
Kern
Owen
La Foliette
Page
Sheppard
Simmons
Smith, Ga.
Smith, S. C.
Smoot
Stephenson
Sutherland
Swanson
Thornton
Warren
Wetmore
Thomas
Townsend
Williams
Works
NOT VOTING—-nr,.
Dixon
McLean
(in Pont
Martin. Va.
Fletcher
Nelson
Bhrm
vn
Foster
(Ivcrman
Bhrnhain
«Lmliier
Percy
Crajie
Perkins
Guggenheim
CraVlord
Pittman
Hitchcock
Culberson
I!ee«l
Jackson
Cullom
•Johnston, Ala.
It iehartlson
SoUhe r e p o r t w a s a g r e e d to.
MAIfOFI
Shively
Smith, Ariz.
Smith, Md.
Smith, Mich.
Stone
Tillman
Wa tsou
Webb
REORGANIZATION OF THE CUSTOMS SERVICE.
The PRESIDENT pro tempore laid before the Senate a mes
sage from the President of the United States, which was read,
referred to the Committee on Finance, and ordered to be printed.
The message is as follow s:
To the Senate and House of Representatives:
Whereas by virtue of the provision of chapter 355 of the acts of
1912, approved August 24, 1912, being “ An act making appro
priation:! for sundry civil expenses of the Government for tlie
fiscal year ending June 30, 1913, and for other purposes,” I
was authorized to reorganize the customs service and cause
estimates to be submitted therefor on account of tlie fiscal
year 1914, Reducing the total cost of said service for said fiscal
year by an amount not less than $350,000, and I was further
authorized in making such reorganization and reduction in
expenses to abolish or consolidate collection districts, ports
and subports of entry and delivery, to discontinue needless
offices and employments, to reduce excessive rates o f com
pensation below amounts fixed by law or Executive order,
and to do all such other and further things that in my judg
ment may be necessary to make such reorganization effective
and within the said limit of cost; and
Whereas it was further provided that such reorganization should
be communicated to Congress at its next regular session and
should constitute for the fiscal year 1914, and until otherwise
provided by Congress, the permanent organization of the
customs service: Now therefore
It is hereby ordered and communicated that the following
plan shall be the organization of tlie customs service for the
said fiscal year 1914, and unless otherwise provided l>y Congress
the permanent organization of the customs service:
I.
CUSTOMS DISTRICTS.
In lieu of all customs-col]ection districts, ports, and subports
of entry and ports of delivery now or heretofore existing there
shall be 49 customs-collection districts, with district headquar
ters and ports o f entry as follows:
( 1 ) The district of Maine and New Hampshire, to include all
of the State of Maine and all of the State of New Hampshire,
except the county o f Coos, with headquarters at Portland, Me.,
in which Portland, Houlton, Fort Fairfield, Mars I-Iill, Van
Buren, Madawaska, Monticello,\Machias, Lubec, Bath, Boothbay, Limestone, Fort Kent, Bridgewater, Eastport, Calais, Ban
gor, Ellsworth, Rockland, Vancefcoro, Lowelltown (or Iloleb),
Belfast, Rockport. Castine, Vinal\Haven, South West Harbor,
and Portsmouth (including Kitterw , shall he ports of entry.
(2) The district o f eastern VernVmt, which shall include the
counties of Orleans, Essex, Caledonia, Washington, Orange,
Windsor, and Windham in the State W Vermont and the county
of Coos in the State of New Hampshire, with district head
quarters at Newport, in which Newport, North Troy, Derby
line, Island Pond, and Beecher Falls snail be ports of entry.
(3) The district of western Vermont, to include all of the
State of Vermont not expressly included in the district of east
ern Vermont, with district headquarters ht Burlington, in which
St. Albans, Riehford, Burlington, Alburg, Swanton, and Iligligate shall be ports of entry.
(4) The district of Massachusetts, to include all of the State
of Massachusetts, with district headquarter^ at Boston, in which
Boston, Gloucester, Salem (including Beverly, Marblehead, and
Lynn), Provincetown, Plymouth, Barnstable, Vineyard Haven,
Fall River, New Bedford, Worcester, Springfield, and Holyoke
shall be ports of entry.
(5) The district o f Rhode Island, to include all of the State
of Rhode Island, with district headquarters at Providence, in
which Providence and Newport shall be ports of entry.
(G) The district of Connecticut, to include all o f the State of
Connecticut, with district headquarters at Bridgeport, in which
Hartford, New Haven, New London, Stonington, Middletown,
South Manchester. Bridgeport,- Stamford, Greenwich, and Nor
walk shall be ports of entry.
\
(7) The district o f St. Lawrence, in the State of New York,
to include all of the counties of Clinton, Essex, Franklin. St.
1913.
CONGKESSIOXAL RECORD— SENATE.
fall landscape in the whole world. Those of yon wlio did not see it,
as I did, ill years ago, and are not in a position to contrast it now
with what it: was then, can not know what a wretched shadow of its
former self it hits become—n so m
ot:
uch by the diminution of the flow
of the river as by the hideous erections which line the shores. It is
not too late to repair what has been done, and I hope the day will
com when the pristine flow of its waters will bo restored and when the
e
devastating agencies will have been rem
oved. That we will leave for
a future which has begun to appreciate scenery m
ore highly than m
en
did 30 years ago, when the ruin of which I speak was beginning to be
wrought.
Mr. President, to my mind it is unthinkable that we should
neglect this great spectacle of nature, the finest in the New
World, which belongs not merely to the State of New York or
to the United States but to the whole world—a marvel of beauty
ami grandeur far exceeding any one of the seven wonders of the
world. But the ruthless hand of the promoter has been laid
upon this river; and thus the cataract has been diminished in
size and the scenic effect has been impaired, not only by dimin
ishing the flow and the quantity of (lie water but by the struc
tures on the banks. Franchises were given in the State of New
York to use this water. They are not to blame, perhaps. At
first this development was approved, but it was found necessary
for the Federal Government to take control. It was found
necessary to settle this question by a treaty with Canada.
1 want to say, Mr. President, that in all my experience in
either House of Congress I have never known such an aggrega
tion of persons to come here seeking to rob and to despoil as
those who have come here after this power. I f there is anyone
who *wishes them to succeed, he must answer to the country
for it. They not only desired the water above the Falls but they
now desire to withdraw the waters below in tlie rapids, which
are second in beauty only to the Falls themselves. Persons
have come here under the guise of public spirit, or even of
philanthropy, when it was but a thin veil to conceal a scheme
to get possession o f the waters of the Niagara River.
We ask that for a year Ibis law be continued to stay the
band of the despoiler.
It open ted efforts have been made to adjust lliis matter by
statute, to turn over a certain amount of authority to the State
of New York, but we have failed. A bill on the subject was
introduced in the House a few weeks ago which was reported
with practical unanimity. One member dissented; but all of the
majority, 15 or so, asserted the authority of the Federal Gov
ernment over this stream.
In this connection I wish to read briefly from the treaty. No
one can read carefully this treaty with reference to the Niagara
liiver without deriving from it. the inference, that it was in
tended that the United States, the Federal Government, should
lave control.
Article 2, on page 4, says:
Each of the high contracting parties re ____to itsolf or to the
cveral State governments on the one side itl the Dominion or pro
incial governments on the other as the ca.,„ may be, subject to any
....................
reat.v provisions now existing with respect?thereto, the exclusive jurisietion and control over the use and dh*rsion. whether temporary or
icrmanent, of all waters on its own sjne of ihe line which in their
latural channels would flow across L boundary or into boundary
ife
raters.
Thus (here is one section whom provides that the respective
Jovernments or the several State governments may control
raters flowing across the boundary or flowing into the boundary
raters. That is one provision.
In article 3 there is a provision in which it is agreed that
here shall he no further Jr other uses of boundary waters exept by authority of th<yunited States or of the Dominion of
'anada, omitting the reference to the States, and showing that
s to boundary watery! t was expected that the control would
e exercised by the Respective Federal Governments—that is,
he Government o f ti/e Dominion of Canada and the Government
f the United State/. That was the general provision. But the
Hide p e r t a in in g ( lie Niagara River is even more specific:
So'Jong ns (lily treaty shall remain in force no diversion of tlie
•fliers of the Niagara Itiver above the Falls from the natural course
m stream thereof shall he permitted except for the purposes and to
l
h extent hereinafter provided.
e
The United /tales may authorize and permit the diversion within
le State of New York of the waters of said river above the Falls of
liagara for power purposes not exceeding in the aggregate a daily
iversion at,the rate of 20.000 cu b ic feet of water per second.
The United Kingdom, by the Dominion of Canada or the Province
f Ontario, m.iv authorize and permit the diversion within the Province
f Ontario of the waters of said river above the Falls of Niagara for
ower purposes not exceeding in the aggregate a daily diversion at the
lie of 30,000 cubic feet of water per second.
Tins' shows in tlie most distinct language that the jurisdicion f'o permit tlie diversion of power was to rest with tlie
'ninfiustates so far as waters on our side were concerned; but
Inti a different rule prevailed on the other side, as shown by
lie fact that (lie expression is in die alternative:
'flic United Kingdom, by Ihe Dominion of Canada, or the Province of
ntario.
4709
Indeed, Mr. President, if this act should terminate, I do not
see but that the power users would be in a very uncertain state,
in that they would he withdrawing power without any authority
whatever. The act of 190G in its first section in the clearest
language asserts the jurisdiction of the United States. It states:
That ibe diversion of water from Niagara River or its tributaries, in
ibe Slate of New York, is hereby prohibited, except with H consent of
ie
the Secretary of War as hereinafter authorized in section 2 of this act.
It then goes on to state the amount: that mrty he diverted, the
kind of regulations, and so foi;tli.
In section 5 it is stated:
That the provisions of this act shall remain in force for three years
from and after date- of its passage—
It has been extended so that its operation has continued until
to-day—
at the expiration of which time all permits granted hereunder by H
ie
Secretary of War shall terminate unless sooner revoked, and the Sec
retary of War is hereby authorized to revoke any or all permits granted
bv him by authority of this act, and nothing herein contained shall be
held to confirm establish, or confer any lights heretofore claimed or
,
exercised in the diversion of water or the transmission of power.
It is perfectly plain wliat tlie object of ihe act was—to assert
and to establish the jurisdiction of the United States in the
Niagara River. Permits were to be granted during (lie life of
this law. When tlie law expired, the permits, or Ihe rights
granted by (lie permits, ceased, and it is expressly stated that
nothing in them is to be bold to confirm, establish, or confer any
rights heretofore claimed or exercised in tlie diversion of water
or the transmission of power.
Mr. President, I do not want to go into (lie subject of con
servation here. This situation does not involve tlie general
subject of diversion from navigable waters merely. This is a
boundary stream, and as such the United States lias complete
control over it. In providing for the general defense Congress
might pass a law or make regulations with a view to making the
flow of water abundant or rapid in one stream so as to pre
vent invasion from across the border, and scanty in another, so
as to make invasion of tlie other side easy. It is a navigable
stream also. Strangely, it is navigable from Lake Erie almost
to Hie Falls. Appropriations have been made by Congress to
promote tlie navigability of this stream down to tlie very point
where the intakes are situated, and improvements have been
made down to that point. For both these reasons we have juris
diction over it.
But, Mr. President, it may be conceded that Hie chief interest
of Congress has been to prevent tlie ruin "of the Falls. I know
there are some wlio say that water power is becoming so valu
able that tlie time is coming when the whole cataract must run
dry. One of our prominent comic newspapers had a cartoon,
representing the situation as it: would be with no water flowing
over the crest of the Falls, with its beauty and grandeur de
parted. and with power houses on every hand. I do not think
it: was very humorous after all, for it was an intimation of wliat
might happen.
“ Oh,” they say, “ you can take any amount of water without
diminishing tlie grandeur of the cataract or its beauty.”
Mr. President, it is too obvious a proposition that when you
have taken away nearly a fourth of tlie whole volume of water
flowing over tlie Falls you can not take more without diminish
ing the scenic beauty. It is not merely a matter of tlie height
on (lie crest, but of tlie volume. Both alike are required for
the grandeur and beauty of tlie spectacle.
In the original net tlie amount of electrical power that could
be brought over from Canada was limited to 100,000 horse
power. 1 do not like to see this amount increased, hut in view
of the insistent arguments that were made it seemed best to
consent that that amount be increased to 250,000 horsepower,
which is probably all that will be available for transmission
from Canada into the United States under the amount of water
which may be diverted by the terms of the treaty.
.Air. President, the petitions that were presented to Congress
in the year 1900 praying for some action by Congress for the
preservation of these Falls surpassed in number of signers and
representative quality anv petitions that I have ever known to
be presented here. We have a responsibility to the country.
We have a responsibility to save that cataract in all its beauty
and grandeur. We have a responsibility to keep away the pro
moter. who would destroy its beauty, oftentimes coming here
and saying, “ Oil, we are interested in the Falls,” but wlio are
yet desirous of withdrawing so great an amount of water as
practically to ruin their beauty and their grandeur as. well.
But it is said, “ The State of New York can take care of the
situation.” Wily, Mr. President, the State of New York has no
sufficient legislation on this subject, and I say, without intend
ing to censure, that the State of New York allowed a condition
to arise there in which it was necessary for Congress, by uni
versal acquiescence, to act. Since the Niagara is a boundary
4710
CONGRESSIONAL RECORD— SENATE.
March
3,
e
Mr. NEWLANDS. Do T understand from the Senator from
stream knd a navigable stream, it is not possible that the State
t
of New \York should have that degree of jurisdiction over it Ohio that the legislation already in existence expires in its
8
w h ic h w i ll make adequate control possible.
It is for us; it is operations to-morrow?
l
Mr. BURTON. It expires to-day.
our responsibility. I say again that I am willing to join with
i
Mr. NEWLANDS. To-day?
the Senator from New York or with anyone else whenever they
i
Mr. BURTON. Yes.
will bring la here legislation that will sufficiently safeguard the
Mr. NEWLANDS.
Have rights been built up under that
cataract, feat I object to turning this subject over to a State,,
j
because, in Vlie first place, that State has provided no adequate legislation?
Mr. BURTON. Water has been withdrawn only under perlegislation nW any proper machinery of government for its con
trol ; and, in\tlie second place, because jurisdiction necessarily,, mits which specify the quantity which may be diverted. This
;
under the treaty and under established law, must belong to the law specifies the time during which they shall continue.
Mr. O'GORMAN. Are not all those permits revocable by <he
United States!
We sometimes look into the future, Mr. President. I do not- Secretary of War?
.Mr. BURTON. They are all revocable by the Secretary of
believe there is\ any question to which a greater degree of at
.
tention will be given than to this subject when the new adminis War. The law contains a provision in respect to that which I
tration comes into power. I tender that administration my> have already read.
Mr. O’GORMAN. Has any fee been exacted from either of
best wishes. I f the principles which i,t advocates are best for
the country, we sl%ill acquiesce. The course of the new admin. the two companies that have a monopoly of the water power at
istration with reference to the preservation of Niagara Fallsi Niagara Falls at the present time by virtue of permits from the
will be watched, no\ simply by one person, not simply by thou Secretary o f War?
Mr. BURTON. N o ; there has not, because they had char
sands, but by the whole of the American people, from the At
ters from the State of New York, which were granted to them
lantic to the Pacific. \
We can not afford tip let this dct expire. We can not afford before the Federal Government exercised any authority, which
to throw the doors opeik for the£e men who have been crowding were absolutely without limit or reservation. There was no
around this Capitol. One grea/ reason why it has not been pos reservation as to quantity. Under the laws of New York these
sible to frame satisfactory legislation on this subject has been companies might have taken out all o f the waters o f Niagara.
that the different persons, who were grasping for water power There is one minor company. There are two large ones. I will
have been quarreling amofig themselves. If the act falls, they read the names of these companies from the official record:
can go ahead one by one and divert water. It is no answer to The Niagara Falls Power Co., which, has the right to divert
8,600 cubic feet, and the Niagara Falls Hydraulic Power &
say that the State of New'Y^rk can or will prevent it.
Why, the State of New York has granted franchises in which Manufacturing Co., which has the right to divert 6,500 feet.
there is no limit on the amount o f water that may be diverted. Then there is a minor company which enjoyed rights before this
There are now three of four companies at the falls whose use change was made, the Lockport Hydraulic Co., which has the
of water is strictly limited under regulations we have made, right to divert 500 feet.
I will state—for I think that point should be made clear—that
one of them having the right to’-,withdraw S,600 cubic feet per
second, one 6,500, and another 500—in all, 15,000. How are it was the purpose of this act to recognize existing rights there,
you going to determine which one\of those shall use any addi or what were thought to be rights, under grants from the State
tional withdrawal 'which might be allowed? There they are, of New York; to stop further diversion, but to allow existing
ail three, ready to draw from the kver an additional amount. users to withdraw just the same quantity of water which they
It is no answer to say that the tot\l withdrawal is limited to had been withdrawing in the past.
Mr. NEWLANDS. Was it the main purpose of the National
20,000 cubic feet per second. You hilve no regulations to con
trol such withdrawal. You have framed no statutes on the Government in the matter to preserve the scenic beauty of
subject. You have no sufficient power* to do it. It belongs to Niagara Falls?
Mr. BURTON. Yes; not only in this act hut in the treaty
the United States Government, under Ibis treaty, to do it.
Again, if this act should fall, even if restricted by the treaty to which was made with Great Britain.
Mr. NEWLANDS. If the operation o f this act is extended
the 20,000 cubic feet, the remaining 4,400,cubic feet allowed by
the treaty would be immediately drawn dut. That is the very for one year, it will give us an opportunity to inquire into the
thing that the engineers of the United States Army, those who law and ail the facts and to legislate intelligently upon the
have beep most familiar with the conditions already existing, subject?
Mr. BURTON. It w ill; certainly. As I said a little while
have said would be a calamity, because of the depletion which
ago, if it had not been for the contest between parties who were
has already occurred.
Mr. President, with all the earnestness I can command, I in seeking privileges in that water and their failure to agree, we
sist that this resolution be passed this mornifig. I think other would have passed a statute long ago.
Mr. OWEN. Mr. President, I should like to proceed now
wise we should fail in our duty to the peoples, of this country,
who love not merely the promotion of industries but beauty of without further interruption.
Mr. PAYNTER. I should like to be permitted to ask a
scenery and that which inspires and uplifts. .It is not meet
that our whole civilization should be melted down into dollars. question for information.
Mr. OWEN. I yield to the Senator from Kentucky.
What would be the choice of the people of the United States
Mr. PAYNTER. Would the right of these power companies
between a few thousand more horsepower on the one side and
the beauty and glory of Niagara Falls on the other? Shall we to get water cease when this act ceases to operate?
Mr. BURTON. I am of the opinion that it would. First, the
/leave this question to those who wish the power, or shall we
regard the wishes of those who desire the preservation of this, Federal Government asserted its jurisdiction in unequivocal
one^of the most magnificent spectacles in the world, visited by terms by the act of 1906. Second, in that act it was provided,
djpnlions, the object which many who have crossed the sea de incidentally, that the permits, should he granted by the Secre
sired to visit more than any other? Shall we leave that out of tary of War and might he canceled by him, and that the per
mits should cease on the termination of the act. Third, the
account altogether?
treaty with Great Britain in explicit terms defines the quantity
Mr. OWEN. Mr. President, this resolution comes late. If it of water that may be diverted—20,000 cubic feet per second—be of such urgent importance, it ought to have come sooner.
and states that the United States may authorize and permit
Mr. BURTON. Mr. President, will the Senator from Okla diversion, and so forth. To show that this meant the Federal
homa yield to me for a moment?
Government, I have already called attention to the fact that the
Mr. OWEN. I will.
treaty in other places recognizes the right o f the States under
Mr. BURTON. I recognize that there has been some ground certain conditions to control the flow o f water, and that in the
i
for complaint in that regard. A bill was introduced in the very next paragraph authority is given either to the Dominion
House some considerable time ago, and it was believed that it of Canada or to the Province o f Ontario:
<
would pass. It was reported—I do not know the exact date—
Mr. PAYNTER. For what purpose is the power used?
at a time sufficiently long before the expiration of the session
Mr. BURTON. For electrochemical processes, and it is trans
to give promise that it would pass. But it was found that it mitted to Buffalo and other points for general power purposes.
j
could not obtain consideration, so this resolution was intro
Mr. PAYNTER. For street car purposes?
duced in the House, because something must be done. It was
Mr. BURTON. To an extent for that. The larger use, I
passed promptly by the House and is now reported to "the Sen- think, is for chemical processes. The production of aluminum
\
ate by the Committee on Foreign Affairs.
i one such use.
is
Mr. NEWLANDS. Will the Senator from Oklahoma permit
Mr. MARTINE of New Jersey. And carbides.
me to ask a question of the Senator from Ohio?
Mr. PAYNTER. What is the right in the company to utilize
Mr. OWEN. Yes.
j
the power?
191° .
o
CONGRESSIONAL RECORD— SENATE.
4711
Mr. BURTON. I think the companies diverting water would understood. It is that by unanimous consent the Senate stand
be. to say the least, in a very doubtful position if this resolu in recess at. 4 o’clock until 9.30. Is there objection?
tion should fail.
Mr.
ILLIAMS. In connection with that request for unani
PROPOSED RECESS.
mous consent, 1 want to make a few innocuous observations.
Mr. SMITH of South Carolina (at 3 o'clock a. m., Tuesday, I think the time has about arrived when the Senate ought to
serve notice upon any one or two Members of it that if they
March 4). I move that the Senate do now adjourn.
Mr. OWEN. I have the floor, and I decline to yield for a happen to differ with the balance of the Senate they can hold
the Senate up, but they can not force it to quit; they can not
notion.
JThe PRESIDENT pro tempore. The Senator from Oklahoma intimidate it; and they can not make the Senate leave off the
ordinary business.
v-lines to yield.
Now, I do not know whether it is right or wrong to abolish
Mr. OWEN. Mr. President, I have been waiting for a con
venient opportunity to submit some remarks to the R ecord. I the assay offices and mints that have been abolished in the
have not been willing to delay any legislation which I thought legislative appropriation bill. I do not care whether it is right
of any great importance, and I have waited until this moment or wrong. I am rather inclined to vote, when the proposition
when a convenient opportunity might be afforded. Since I can comes up on its merits before the Senate, with the Senator
hardly hope to entertain or to instruct Senators, and since it will from Nevada. But that is a different thing from holding a
take me some little time to say what I am going to say, I wish knife at my throat, and at the throat of the Senate, and giving
to give a gentle suggestion to Senators who may care for a little notice that unless you agree to do what I want to do you may
take a recess until 9 or 10 o’clock, or some other time, but the
repose while I address the R ecord.
Mr. PENROSE. Will the Senator permit me to interrupt Senate shall not transact any business.
There are important matters of public business pending be
him?
fore this body, and I see no reason why 94 men should be any
Mr. OWEN. I will.
Mr. PENROSE. I wish to make a suggestion to the Senator weaker in endurance physically or mentally than any one or
from Oklahoma and to the Senate, if it is agreeable. I ask two. My idea is that we should stay in session and let gentle
unanimous consent that at 4 o’clock the Senate shall take a men talk or do whatever else they are going to do. They can
not do much harm. The extra session will soon come, and
recess until 9.30 o’clock.
these matters will have to come up again, and we will then
Mr. OWEN. That will be agreeable to me.
The PRESIDENT pro tempore. The Senator from Pennsyl have such a length of time before us that gentlemen can not
vania asks unanimous consent that at 4 o'clock the Senate stand talk things to death.
I want to maintain the right of unlimited speech in the
in recess until 9.30. Is there objection?
Senate. I want to do it for minority and sectional reasons.
Mr. SMITH of South Carolina. I object.
Mr. PENROSE. I hope the Senator from South Carolina will I have been in a minority nearly all my life, and I do not ex
pect to remain in a majority all the balance of my life. But
withdraw the objection.
I do think it is about time we were reading a riot act upon the
Mr. SMOOT. What is the Senator's request?
Mr. PENROSE. I have just asked unanimous consent that question of holding up the Senate and the public business upon
the Senate take a recess from 4 o’clock until 9.30. I will sup small and immaterial matters. When a great principle of
plement it with the request that no business be transacted except human liberty is at stake, when a great principle of natural
right is at stake, when a great principle of sectional preserva
reports of conference committees.
tion is at stake, I would stand here and metaphorically, if not
Mr. BRANDEGEE. Between now and 4?
literally, die in the ditch. But I do not think that this right
Mr. PENROSE. Yes.
Mr. NEWLANDS. I would have no objection to that, pro which is so precious to the Republic ought to be abused about
vided no business will be done prior to 4 o’clock except the little bits of things, and 1 think the only way to keep it from
being abused is to let gentlemen understand that when they
legislative appropriation bill.
Mr. PENROSE. That is all right; it is merely the reception serve notice upon an overwhelming majority of the Senate the
overwhelming majority of the Senate will make rejoinder.
of the report.
Mr. NEWLANDS. Mr. President, there is no necessity for
Mr. SMOOT. That is the very report we want to consider.
Mr. NEWLANDS. I understand that there has been some un any heat on the part of the Senator from Mississippi. I have
derstanding among the conferees, but the exact nature of it I served no notice upon (he Senate. I simply insist that new leg
have not learned. I should like to have the report submitted if islation affecting a very material industry in the West, the
great mining industry, is just as important to that region as
it is ready before the hour suggested.
Mr. SMOOT. I can say to the Senator if he is not satisfied the agricultural industry is to the Senator from Mississippi,
with the report, then the bill will fail; there is no question and when that new legislation comes up in an appropriation
about that. So the unanimous-consent agreement asked for will bill it should be discussed just as thoroughly as if it came up
by an original bill.
not affect that report.
Mr. WILLIAMS. If the Senator will pardon me for one
Mr. NEWLANDS. That is what I wanted to do. I want it
to fail if it proposes to sacrifice the interests of the great min question, perhaps I misunderstood him, but I understood him to
ing regions which I represent and which many others represent say in response to a question by the Senator from Utah that
that was just what he wanted; that he wanted the bill to fail
here.
Mr. SMOOT. I will say to the Senator that there are others unless he could accomplish the purposes of his amendment.
Mr. NEWLANDS. I said that very candidly. I do.
here as much interested in that region as the Senator—I for
Mr. WILLIAMS. That was the notice to which I referred
one—and I am perfectly willing to accept the report when it
conies in. If the Senator does not want to accept it, all he has as having been served upon the Senate.
Mr. PITTMAN. Mr. President, 1 simply want to state, as
to do is to object to it, and that will cause the bill to fail, with
the colleague of the senior Senator from Nevada, that 1 am
out a question, at this session.
Mr. NEWLANDS. I will take that responsibility very in thorough accord with the position that he has taken in this
matter. I wish to state to the Senator from Mississippi that I
quickly.
Mr. PENROSE. I ask the Chair to put my request again for took pleasure the other night in hearing him state that if the
unanimous consent that the Senate take a recess at 4 o’clock river and harbor bill was not passed there would be no other
appropriation bills passed at this session of Congress. I have
until 9.30.
The PRESIDENT pro tempore. The Senator from Pennsyl always looked*to him for advice. We are still looking to him
for advice with regard to matters that affect his section of the
vania renews his request for unanimous consent.
country. We are looking to him for advice with regard to the
Mr. WILLIAMS. What is the request?
Mr. ROOT. Could there be coupled with that a clause that parliamentary rules of this body—at least I am. I have the
highest respect for him.
no vote be taken between now and 4 o'clock?
Mr. LODGE. The conference report on the legislative appro
I did not intend to say a word with regard to this matter,
priation bill, it is hoped, will be ready before 4 o’clock.
because I believe that my colleague has more ably presented it
Mr. GAMBLE. I should think that action upon all confer than I am able to present it. But I would not be willing to
ence reports on appropriation bills should be included in the stand here and have him take the burden of this matter with
understanding, and that an exception should not be made of any out saying anything. I want to state now that I do not be
lieve that the other House of Congress understood the neces
one bill.
Mr. OWEN. I will state that it is possible I shall occupy sity of this matter, because this body which has heard it argued
has.voted for it by a large majority. I think that we have the
all the time until 4 o’clock.
The PRESIDENT pro tempore. The Chair will put the re right to speak sufficiently long on this matter to satisfff our
quest of the Senator from Pennsylvania, so that it will be selves that the question is understood, and whether it be a
47 f 2
COXGRESSIOXAL E ECOBD— SEX A TE.
Makcii 3,
subject of particular interest to any particular locality, I want national interest there is certain be a rule introduced here and
to state most emphatically that I am going to discuss this ques adopted by which, when a certain great preponderance of Sena
tion until I have satisfied myself that it is thoroughly under tors—say nine-tenths of this body—are sufficiently informed
stood by every Senator who desires to vote upon it. I will not and want to come to a vote upon any measure pending before
be limited in that matter either by the wishes of any other the Senate, there shall he some form of cloture in this body.
I for one, although I have hitherto stood for absolute freedom
Senator or by the hours that that argument may cease.
Mr. WILLIAMS. I f the Senator from Nevada, will pardon of debate, am getting very near the point where I am ready to
vote for some form of cloture unless these perfectly obvious
one more interruption, I am Informed-----Mr. OWEN. The Senator from Oklahoma will yield to the abuses shall cease.
Mr. OWEN. I assume that unanimous consent is impossible,
Senator from Mississippi.
Mr. WILLIAMS. Oh, I beg pardon; I thought the Senator but I should be glad, as far as I am concerned, if I might have
unanimous consent simply to put in the R ecord the remarks I
from Nevada had the floor.
Mr. NEWLANDS. It was by the courtesy of the Senator from propose to make; but it is contrary to the rules of the Senate,
and I suppose there would be objection.
Oklahoma.
Mr. WILLIAMS. I am jierfectly willing to give unanimous
Mr. WILLIAMS. I f the Senator from Oklahoma will pardon
an interruption, I understand that the junior Senator from consent to the Senator to put his remarks in the Record.
Mr. OWEN. I would be very glad to have permission.
Nevada [Mr. P i t t m a n ] referred to me as having said that un
Mr. BRANDEGEE. I would object to that, not because I
less the rivers and harbors bill be passed no other appropriation
bill should pass. What I said was that unless I could get a have any personal feeling as to the remarks of tlie Senator, but
vote in the Senate upon the rivers and harbors bill I would it is against the traditions of the Senate.
Mr. OWEN. Not only did I not wish to detain the Senate, hut
never consent to its displacement, Mo matter what else came;
and I say the same thmg about this and all the routine supply there was the further reason that I did not want to lacerate the
hills and ordinary appropriation bills. I say the Senate ought feelings of tlie Senator from Mississippi, because I am going to
to say that unless there can be gotten a vote it will not be speak upon the initiative mid referendum.
intimidated by the fear of losing any other bills.
Mr. PENROSE. I do not know whether tlie Senate realizes
Mr. NEWLANDS. If the Senator from Oklahoma will pardon that a great deal of work must be done in this Chamber before
the apartment can be fitted for the ceremonies to-day. All these
me-----The PRESIDENT pro tempore. Does the Senator from Okla chairs must be taken out and others put in their places, the
room must be cleaned, and some time must be allowed to em
homa yield to the Senator from Nevada?
Mr. OWEN. I yield to the Senator from Nevada.
ployees of the Senate for that work.
Mr. NEWLANDS. I wish to say that this is not the indi
I move that the Senate take a recess at half past 4 until half
vidual matter of the State of Nevada; that some 15 States are past 9 o’clock.
interested largely in the mining industry; and that the Repre
Mr. SMITH of Georgia. Why make it half past 4? Let us
sentatives of those States are of one mind regarding this legis take it now.
lation; and the Senate was apparently of the same mind, for
Mr. SMOOT and others. No.
it sustained us in a recent discussion.
Mr. WILLIAMS. It may be true that in consequence of this
This is a matter that the Appropriations Committee of the threat we might meet here to-morrow, with no place provided,
House has taken in hand. It has dealt with {he question purely for tlie ambassadors and not much place for tlie incoming
as one of economy. As I stated before, it has not considered President, but the country will understand who brought about
the question at all from the standpoint of economics as it affects that state o f affairs. That we should consent to be intimidated
the great industries of the West. We of the West insist that into taking a position because we will not be quite cleaned up
this action is just as prejudicial to our interest as would he the by the time we make a new inauguration it seems to me adds
action of the Appropriations Committee of the House if, without no strength to the argument for it. It seems to me to add
consulting the committee having jurisdiction, it should on an strength to tlie argument against it. Now, if any two or three
appropriation bill take away the appropriations for all tlie gentlemen want to take the responsibility, just simply because
agricultural experiment stations in the farming States.
the salaries of a few employees are involved, of holding up not
Thus far the subject has not had the consideration of the only the Senate but the inauguration ceremonies of the first
proper committee of the House. I had a conversation only a Democratic President who has been elected for 1C years, let
few moments ago with the Representative who is chairman of them take it.
the Committee on Coinage, Weights, and Measures, which has
Mr. SMOOT. There is no inclination to hold it up, I will say
jurisdiction of this subject, and he was surprised to find that to the Senator. I f tlie Senator from Oklahoma will begin with
it had any other side than that relating to economy, and when the speech which he says he desires to make-----I presented the other considerations he said he would look up
Mr. WILLIAMS. I am not objecting to tlie speech of tlie
the conferees of the House and suggest to them that they should Senator from Oklahoma.
yield, and that the matter should go to the proper committees
Mr. SMOOT. We can stay here, and the conferees on tlie
for consideration during the next session. It would then be legislative bill may be ready to report.
taken up in an orderly way by the proper committee o f the
Mr. SMITH of Georgia. Why could w not agree by unani
re
House and the proper committee of the Senate, and we would mous consent tliat at the conclusion o f tlie speech of the Senator
abide by the judgment of the Senate and House guided by its from Oklahoma we will take a recess until half past 9 to-day.
committees.
Mr. WILLIAMS. I ask unanimous consent that at tlie con
Mr. PENROSE. I desire to renew my request----- clusion of the speech of the Senator from Oklahoma we take a
Mr. WILLIAMS. I object to tlie request made by the Sena vote upon tlie conference report.
tor from Pennsylvania.
Mr. PENROSE. Would you have a quorum?
Mr. SMOOT. There •would not be a quorum.
The PRESIDENT pro tempore. Objection is made.
Mr. PENROSE. If there would be no quorum on the vote we
Mr. BRANDEGEE. Will tlie Senator from Oklahoma kindly
could not then take a recess.
yield to me? I will take but a moment.
Mr. OWEN. I yield to the Senator.
Mr. SMOOT. We could not take a recess then.
Mr. BRANDEGEE. I wish to say very briefly that I heartily
Mr. SMITH of South Carolina. Mr. President, I want to ask
agree with the sentiments expressed by the Senator from Mis a question of the Senator from Mississippi, and I hope that the
sissippi. This body is one of the greatest deliberative bodies in Senators from Nevada will hear the question that I ask the
llie world. Everybody admits that. There is absolute freedom Senator from Mississippi. The other day when the debate de
of speech and no limit upon it. There was a time when the veloped on this question of the assay offices and tlie mints out
privilege of indefinite debate was not abused. I have been in the West and the Northwest I asked if they were of real
here six or seven years, and on several occasions when we get, convenience to the people and if there was a necessity for them.
as we are now, within less than nine hours of the time when, un In perfect good faith I put the question, and the reply was in
der the Constitution of our country, we have to adjourn, cer the affirmative.
tain gentlemen always appear who see a great issue in some
If I understood the Senator from Mississippi a moment ago
local or State issue which leads them to say that it is their in lie puts it upon the basis that in order to retain a few officials
tention to inform the Senate at such length upon the matter in in office these gentlemen are making this fight. If that, be true,
question as that it necessarily defeats great national measures I quit.
of general interest.
Mr. WILLIAMS. That is about true; from what I under
I agree with the Senator from Mississippi that the country is stand the conferees agree to keep them until the end of llie
getting sick of an abuse of what was designed to be a bulwark . next fiscal year and it involves only the loss of a few offices.
Mr. NEWLANDS. I wish to say that in making that state
and a protection against oppression, and I simply prophesy
that if it continues to occur on matters that are not of vital ment tlie Senator from Mississippi shows such ignorance re
191? .
D
CONGEE8SIOXAL RECORD— SENATE.
4713
garding (lie fact that 1 shall insist on taking sufficient time taJ representatives who take the point of view favorable to privi—
-^0^ i ]ege
t0 the few, and the people’s-rule party government
Jive him soni** information.
Mr. WILLIAMS. That may possibly be tru e^ 'f^ w as in representatives who take the i>oint of view favorable to equal
formed bjc a Senator a few moments agmJjbi^l^Tiose judgment rights to all, favorable to the great mass of men who labor as
and knowT^lge I have a great deal u^^onfidence, that they artisans, workers in shop, field, forest, and mine, as professional
had agreed iu continue these assap»mnces and mints in exist men or in transportation or in other human activities.
ence until tliMend of the tisurf^ear.
I do not trouble myself to question the motives of men; I am
Mr. NEWLANIaS. The^grffu of the next fiscal year?
concerned with the effect of the actions of men.
Mr. W IL L IA M sV ^u*r7liat was my understanding.
THE REMEDY.
Mr. NEAVLANDS^j^feit^n we receive an assurance of that
The remedy is to restore people’s-rule party government and
kind we will acculRjsce
provide a mechanism by which the intelligence and patriotism
Mr. SMITH tdrGeorgia. T
~asV
**4»M inv request be put.
.k
of the mass o f men can control party government and can con
The PIIESJJp ENT pro tempore. Tnel^iwiMor from Georgia trol the actual direct government by people’s-rule representa
asks imanh^vus consent that at the eo&clusioSP'*^ the remarks tives in the legislative, executive, and judicial branches of the
of the Sj^rfator from Oklahoma the Senate take a recess until government.
fi.30 cunock. Is there objection?
The statutes necessary to this end are—
Mjsr WILLIAMS. I object.
First. A thoroughgoing honest registration act.
^ T lie PRESIDENT pro temiiore. Objection is made. The
Second. A thoroughgoing direct mandatory primary act.
jnator from Oklahoma is recognized.
Third. Honest election laws and machinery.
Fourth. A thoroughgoing corrupt-practices prevention act.
THE INITIATIVE AND REFERENDUM.
Fifth. The initiative, referendum, and recall; and the most
Mr. OWEN. Mr. President, the greatest duty of government important of all these acts is the initiative and referendum,
is to make effective the primary principle of the Declaration which is the open door to all other reforms.
of Independence; to secure to the people, and to all the people,
Above all the initiative and referendum offers the line of least
the inalienable right to life, liberty, and the pursuit of happiness. resistance in obtaining reform for the reason that no candidate
This inalienable right with which the people were “ endowed before the people dares refuse the people the right of the initia
by the Creator” has been purloined from millions to the benefit tive and referendum where the demand is vigorously insisted on.
of the few through a series of political, commercial, and finan
In its entire history the Senate has never had a more impor
cial monopolies slowly built up during the last 75 years.
tant question before it. It is the duty of the Senate to throw
This system has diverted the proceeds of the labor o f millions the weight of its influence on the right side.
to the coffers of the few. until in spite of the wonderful modern
And I feel entirely justified in calling the attention of the
inventions of this age, which pours out a stupendous flood of Senate and of the country to the urgent, vital importance o f this
material things which men desire, we see a thousand millions issue and to defend it against the unjust assaults of its enemies.
of dollars of wealth in the hands of a single man and millions
Whatever I may say in regard to the matter must be re
of human beings, willing and anxious to do honest labor, with garded as entirely impersonal, as I fully concede the right of
out the certainty o f food and shelter to-morrow.
others to differ with me and shall carefully abstain from at
The unrestricted right to enjoy life, liberty, and the pursuit tributing to other Senators any unpatriotic motive in promoting
of happiness is thus denied millions, and the duty of the Govern their political philosophy, however mischievous and disastrous
ment to make effective the fundamental doctrine o f the Republic I may think the effects of such doctrines would be if they should
as yet remains unperformed.
be adopted.
I deem it my duty to call the attention o f ‘the United States
Mr. President, on January 2, 1912, a then Senator from Texas
Senate and the attention of the country to the came and the [Mr. Bailey] delivered an address o f three hours in the Senate
remedy of this serious condition. I make no complaint o f a in an attempt to show that “ such a system of direct legisla
class, emphatically no complaint of a rich class, nor do I com tion ” as “ the initiative and referendum ” would establish would
plain of the past. I am exclusively concerned with the imme be in conflict with “ the representative principle ” on which he
diate future welfare of men, women, and children.
alleged “ this Republic was founded.”
IDE CAUSE.
This speech, on February 4, 1933 (C ongressional R ecord,
The cause is this: The people’s-rule party Government under p. 2530), was offered to be printed as a Senate document.
In order to make this deliberate assault on the principles of
Jefferson has been in past years (from 1844 to 190$) steadily,
if not stealthily undermined and replaced by the machine-rule popular government the then Senator raised a moot question
party government. In place of the people's rule the machine by submitting and speaking to the following resolution:
Senate resolution 413.
rule, financed and engineered by special interests, has placed in
R e s u l t e d , That such a system of direct legislation as the initiative
power on a vast scale in legislative, administrative, and judicial
and referendum would
conflict
the representative
positions machine-rule representatives—in municipalities, .States, principle on which thisesiabiish is in founded with would, if adopted,
Republic was
and
and Nation. The rule of the few was thus established. The inevitably work a radical change in the character and structure of our
Government.
people have voted, but they have not really ruled.
No action was requested on this resolution. It is obvious
The rule of the few, consciously or unconsciously, has been
too largely for the benefit of the few at the expense of the that this speech, offered to be printed as a Senate document,
was intended to be used as a campaign document by those who
many.
The few have established all-pervading commercial and finan oppose popular government and the initiative and referendum,
cial monopolies: destroyed all competitive markets in selling which is the open door to real popular government. This op
and buying; limited production on a giant scale, and deliberately position to popular government has recently prepared numerous
as a policy, thus limiting the employment of labor; manufac speeches which have been printed as Senate documents for the
tured watered stocks and bonds by billions of value, on which campaign against the people’s rule, some of which I shall men
the people have been compelled to pay interest; squeezed and tion. For example;
1. An address delivered by Mr. Lodge (Senator from Massa
expanded the credit market, damaging millions, that a few
might absorb values; and have compelled the laboring millions chusetts) at Raleigh, N. C., November 28, 1911, on “ The Con
to compete under liarsb conditions with each other, until mil stitution and its makers,” and presented to the United States
lions of women and children have been driven from the Amer Senate by a Senator from North Carolina [Mr. Overman] , with
ican home into the labor market, and millions of children as the request that it be printed as a Senate document. (S Docwell as women and men have been denied the reasonable oppor No. 122.)
2. An address delivered by Hon. Elihu R oot at the annual
tunities of “ life, liberty, and the pursuit of happiness.”
Machine-made representatives m legislative, executive, and meeting of the New York Bar Association in New York City
judicial position have granted and protected privilege to the few on January 19. 1912, entitled “ Judicial decisions and public
at the expense of the many until we are face to face with the feeling,” presented by a Senator from Utah [Mr. S utherland],
most tremendous extremes of wealth and poverty the world has with the request that it be printed as a Senate document, Janu
ary 2, 1912. (S. Doc. No. 271.)
ever known.
3. An address delivered by Mr. Nicholas Murray Butler, presi
The cause has been machine-rule party government, in collu
sion with corrupt commercial and financial allies governing for dent of the Columbia University, late Republican vice presi
the benefit of the few at the expense of the many, at the expense dential candidate before electoral college, before the Commercial
of all of the people, at the expense of the real producers of Club of St. Louis, November 27, 1911, entitled “ Why should we
change our form of government,” presented by a Senator from
wealth.
There are two very different kinds of “ representatives ” in Utah [Mr. Sutherland] on January 3, 1912, with the request
the governing business. The machine-rule party government that it be printed as a Senate document. (S. Doc. No. 238.)
4714
CONGRESSIONAL EECOliD— SENATE
March o
4. An address delivered by Hon. Samuel W. .McCall, a Mem- endum. and recall before the law school of Yale, which was
l,er of Congress from Massachusetts, before the Ohio State Bar printed in this Congress as a Senate document. (S. Doc. No.
Association, on July 12,1911, entitled “ Representative as against 62.)
direct government,” presented by a Senator from Michigan [Mr.
They are, with only two exceptions, the arguments of leading
Smith I to the United States Senate, with the request that it be standpat Republicans of the most reactionary type. It is the
printed as a Senate document, January 23, 1912. (S. Doc. No. point of view of the federalist as opposed to the democratic
5. An address delivered by lien. Emmett O’Neal, governor of point of view. (See Federalist Letter No. 10.) *
I need not mention other speeches in opposition. These are
Alabama, at the one hundred and forty-third annual banquet of
ibe Chamber of Commerce of the State of New York at the sufficient to show who opposes, and to make it easy to ascer
Waldorf, November 10, 1911, entitled ‘“Representative govern tain what their point of view is. However worded, the argu
ment and the common law—A study of the initiative and refer ment of all these gentlemen proceeds from a common basis—a
endum.” presented to the Senate by a Senator from Texas [Mr. distrust of the people, a lack of confidence in the capacity of the
Bailey], with the request that it be printed as a Senate docu people for self-government.
The then Senator from Texas complained in the beginning of
ment, January 3. 1912. (S. Doc. No. 240.)
0. An address by President Taft to the general court of the his remarks of the “ unparalleled zea l” of those who favor the
Legislature of Massachusetts, at Boston, Mass., March IS, 1912, initiative and referendum, and suggested that “ the men who
against giving the people direct power, presented to the United are opposed to the initiative and referendum have made no spe
States Senate by a Senator from New Hampshire [Mr. Gal - cial effort to combat them.” The various speeches above re
i ingek] with a request that it be printed as a Senate document, ferred to against popular government shows an extensive propa
ganda against popular government being carried on by the
March 22, 1912. (S. Doc. No. 451.)
7. An address by Mr. Wendell Phillips Stafford (an Associate leaders of the Republican Party of the extreme type.
Justice of the Supreme Court of the District of Columbia),
President Taft six years ago traveled 1,600 miles to make a
before the New York County Lawyers’ Association, February 17, set speech against the initiative and referendum at Oklahoma
1912, entitled “ The new despotism,” referring to the despotism City, advising the people of Oklahoma against this “ cumber
of a majority of the citizens in the several States and in the some and illogical legislative method ” contained in their pro
United States over the minority, presented by a Senator from posed constitution, pointing out the dangers that would ensue
Utah [Mr. Sutherland] to the United States Senate, with the from such “ hasty, irrational, and immoderate” legislation, and
request that it be printed as a Senate document. (S. Doc. so forth.
The people of Oklahoma having considered well the views of
No. 344.)
S. An address delivered in the United States Senate by a Mr. Taft voted in favor of the initiative and referendum by
Senator from Utah [Mr. Sutherland], July 11, 1911, entitled 107,000 majority, substantially only the Republican officeholders
“ Government by ballot,” denouncing the initiative, referendum, and the voters they could influence being against it.
and recall (the principles of the constitution of Utah). (Senate
It is an interesting matter to observe that the then Senator
from Texas, in his crusade against the initiative and refer
document room.)
9. An address by Hon. William H. Taft (President of the endum, is found in close working sympathy with the Republican
United States) at Toledo, Ohio, on March 8, 1912, entitled statesmen above referred to, the followers of Alexander Hamil
“ The judiciary and progress,” opposing the recall and the ex ton and his theory of the wisdom of the rule of the few and
tension of popular government, presented to the United States of the folly of the rule o f the common people (Senator Lodge,
Senate by a Senator from Pennsylvania [Mr. Oliver], with the Senator Root, Senator Sutherland, President Taft, James A.
request that it be printed as a Senate document, March 13, 1912. Tawney, Joseph G. Cannon , Representative McCall, Nicholas
Murray Butler, AY. P. Stafford, C. W. Howard, Attorney General
(S. Doc. No. 408.)
10. An address by lion. H enry Cabot Lodge (a United States AA'ickersham, Senator Oliver, Senator Gallinger, Senator
Senator from Massachusetts), delivered at Princeton Univer Jones, Senator Smith of Michigan). The then Senator ex
sity, March 8, 1912, entitled “ The compulsory initiative and plained that he had been called a “ reactionary.” It is his argu
referendum and the recall of judges,” presented to the United ments, his public utterances, and his company in the assault
States Senate by a Senator from New Hampshire [Mr. Gal- on the initiative and referendum and on popular government
1,inger], with the request that it be printed as a Senate docu that have doubtless contributed to fix this public estimate of the
Senator.
ment. (S. Doc. No. 406.)
11. An address by a Senator from Texas [Mr. Bailey] op THE WEIGHT OF POPULAR OPINION FAVORS THE INITIATIVE AND REFER
ENDUM WHEREVER IT HAS BEEN DISCUSSED.
posing the initiative and referendum and the recall, delivered
January 2, 1913.
I call attention to the fact that the State lately represented
The glaring error of these various arguments against the by the then Senator—Texas—has just returned his successor—
principles of popular government I caused to be answered by Mr. Morris Sheppard— who was overwhelmingly elected by the
one of the clearest thinkers and most patriotic men in the people of Texas over the opposition of the recent Senator after
United States, C. F. Taylor, Esq., editor of Equity, Philadel Mr. S heppard had made a campaign defending popular govern
phia. (S. Doc. No. 651, May 8, 1912.)
ment and the initiative, the referendum, and the recall. So that
But these speeches against the principles of popular govern the people of Texas have thus approved the principles of the
ment are not the only ones printed as Senate documents and initiative and referendum, advocated by their present Senator,
in the Congressional Record. The Congressional R ecord, and have not been persuaded to the contrary by the eloquence of
Sixty-second Congress, first session, volume 47, page 3738, con his predecessor.
tains an argument against the initiative, referendum, and re
Not only have the people of Texas thus approved the advo
call, by Clinton W. Howard, introduced into the Record by a cate of the initiative and referendum [Mr. Sheppard], but the
Senator from Washington [Mr. Jones].
great adjacent Commonwealths of Oklahoma, Arkansas, and Mis
Hon. H enry Cabot L odge, a Senator from Massachusetts, souri have placed the initiative and referendum in their consti
delivered a speech before the Central Labor Union of Boston, tutions. The vote in Mississippi in 1912 was two to one in favor
opposing the right of the people of Massachusetts to express of the initiative and referendum, but failed of adoption because
their opinion on any public policy, which was such a valuable of the antiquated provision requiring a majority of all voles
contribution to political literature that it was printed as a cast in the election; and the advisory vote in Illinois was over
Senate document. (S. Doc. No. 114, Sixtieth Congress, first ses three to one, but a machine jack-pot legislature trampled upon
sion. )
the direct mandate of the people. The States of Washington,
Hon. James A. Tawney delivered a speech before the Minnesota Oregon, California, Arizona, Nevada, Utah, Montana, South
Bankers’ Association, June 21, 1911, opposing the initiative, Dakota, Colorado, Nebraska, and even the far eastern State of
referendum, and recall, which was so highly approved by Hon. Maine, Arkansas, Missouri, and Idaho and the central State of
Joseph G. Cannon, formerly Speaker of the House of Repre Ohio, have adopted the initiative and referendum in their consti
sentatives, that he had it put in the Congressional R ecord tutions, and many other States are on the point of adopting the
the first session of this Congress. (C ongressional R ecord, vol. initiative and referendum, so that we may speedily expect the
47, p. 4231.)
adoption in at least 14 additional States of the initiative and
And the Hon. George W. Wickersham, Attorney General of referendum which President Taft denounced six years ago when
the United States, delivered a speech at Syracuse, N. Y., re Oklahoma was beginning this great fight for restoring popular
peated it at Cleveland, and repeated it again at Princeton, N. J., government. When I entered the Senate only Oregon had the
and which was also printed in this Congress as a Senate initiative and referendum in good working order, two other
States—Montana and South Dakota—then having adopted it in
document. (S. Doc. No. 20.)
Hon. George W. Wickersham, Attorney General of the United a weak form. It has become a nation-wide issue among the
States, delivered another argument against the initiative, refer States, and we find ourselves even in the United States Senate
1913.
CONGRESSIONAL KECOBD— SENATE.
f;ice to face with numerous Senate documents containing many
addresses delivered against the principles of direct popular gov
ernment by various Republican leaders— Senator L odge, at
Raleigh; Senator R oot; Nicholas Murray Butler; Congressman
McCall ; Senator Sutherland ; President Taft before the Mas
sachusetts Legislature; President Taft at Toledo; Justice Staf
ford, of the District of Columbia, in New York City; Attorney
General Wickersham; James A. Tawney; Senator L odge at
Princeton.
This great progressive movement for perfecting popular gov
ernment has seized upon the heart o f the national Democracy
which has chosen as the next President a man who thoroughly
understands this issue and has thrown himself with enthusiasm
into the leadership of it.
Ninety per cent of the Democratic Party membership is
thoroughly progressive. Ten per* cent of the members, perhaps,
may not clearly understand the issue, or some may be still
blinded or misled by private interests, and some may be in
fluenced unconsciously by their attachment to the old game of
machine politics, which is now staggering to its final fall on
American soil. Shallow epithet or thoughtless denunciation
will no longer serve to meet the grave issues presented in this
country for the complete reestablishment of popular self-gov
ernment.
WHY THE PEOPLE NEED THE INITIATIVE AND THE KEFEBENDUM.
The people need the initiative to pass the laws they do want
and need and which the legislature (especially a machinecontrolled legislature) for any reason fails to pass, and they
need the referendum so as to have the power of veto over
crooked and corrupt or undesired laws which might be passed by
the legislature (especially a machine-controlled legislature).
Why is it that they do not get the laws they want, and why
is it that they get the laws they do not want?
MACHINE TOLITICS OK BOSS Itl'LE.
The answer to this is known to every student of our public
law. It is due to the evil results of machine politics, which,
in its worst form, begins with a crooked precinct organization,
controls nominations and ballot boxes and election machinery,
and has contrived to bring about a gross and corrupt miscarriage
of our “ representative democracy,” wherein nominations are
fraudulently extracted from prearranged conventions, wherein
State officers are nominated by State conventions composed of
machine politicians thrice refined through the State convention,
the comity convention, and the precinct convention or caucus.
Machine party rule is organization, once honorable and legiti
mate, which has fallen into the hands of machine men, where
the principle of good government is not the controlling force
hut where selfish private ambition or private gain controls.
Under this system, if a governor is to be nominated by one
or the other of the two leading parties (the process has largely
been the same in either party when the corrupt machine is once
established), the following method is pursued: The State chair
man calls for delegates to a State convention, assigning each
county so many delegates. Thereupon the county chairman calls
for a county convention, consisting of delegates, assigning to
each precinct one or more delegates, whereupon, the precinct
committeeman (who when the machine actually exists is a petty
precinct boss, a cog in tbe machine) calls a precinct convention
or caucus to select the delegate or delegates to the county con
vention. Such a precinct boss will call the precinct caucus on
short notice, obscure advertisement, at an inconvenient time
and place, possibly over a saloon, and will pack this little
precinct caucus with his own henchmen and friends by ex
traordinary diligence. He will have prepared on a slip of
paper the delegates he wants elected. He will call the meeting
to order perhaps 10 minutes before the time set, his watch being
a little fast, be will ask if there are any nominations, and one
of his henchmen will nominate the boss himself, perhaps, or
some equally trusted gentleman of the machine, and they will
vote instantly. It will he carried by acclamation and the meet
ing will adjourn sine die, and then and there the governing
power departs from the “ dear people.” never to return. The
;>00 votes in the precinct have then and there had their govern
ing power purloined and stolen by the machine. The American
eagle has fallen into the trap of the machine and is safely
tied down. The county convention—-when under machine man
agement—consists of such high-minded patriots, self-selected,
who will nominate the most select of their own class to represent
the citizenship of that county in the State convention, and the
State convention, consisting of these self-selected rulers by this
highly refining process, will dispose o f the nominations of all
important Stale offices, governors, attorneys general, supreme
court judges, legislators, and so forth and nominate “ hand
471o
picked ” delegates to nominate a presidential candidate in
national convention.
In this State convention these self-selected rulers write the
party platform which binds tbe State legislature and tbe State
officials of all classes, from the governor down. Tbe govern
ing business has thus been transferred through the machineorganized precinct from the body of the good citizens, who are
unorganized and unobservant, and who possibly may not sus
pect fraud, into the hands of a band of organized mercenaries.
A national convention based on fraud at the precinct is one
degree worse than a State convention. These self-selected
rulers who have thus by the crafty process of machine politics
succeeded in framing State conventions, county conventions, dis
trict conventions, etc., and national conventions, and in nomi
nating the officials of tlie State and Nation and in laying down
the party platform, which means the rule of government, hav
ing nominated their chosen friends for various positions, pro
ceed to elect them by processes even more criminal. To start
with, they stuff tlie registration lists with dead men and ghosts.
They put down the names of men who do not exist and have
their henchmen arrange strikers to represent these artificial
voters. In Oklahoma City recently there were large numbers
of such false registrations reported. In New York City at one
time they discovered over 30,000 of such false registrations.
In Philadelphia. I. am advised, there were disclosed over 70,000
at one time, and only the Lord of Truth knows how many they
really have had in this Nation. These organized scamps get
charge of the election machinery, they name the State election
board, and the county election boards, the city and cennty
precinct election officials; they have control of the ballot boxes
and of tlie ballots; they bribe or coerce weak voters; some
times they stuff the boxes; and sometimes, where public opin
ion will not stand for this, they content themselves by voting
thousands of falsely registered names; they arrange that a
machine tool may vote five times in a precinct under five dif
ferent names, and then repeat his vote as many times under
other names in each of 10 other precincts. Such a useful
voter—called a repeater—deserves to be rewarded with public
employment and usually is rewarded by being given some
political preferment in a small way, sometimes merely by being
paid so much money for liis services and by an occasional job.
The machine may control the police, and at the ballot boxes
they can see to it that no interference with their plans is per
mitted. They also control sometimes the judges of the courts,
who will accord “ a fair hearing” to any scamp that belongs
to the machine and shield him from lawful punishment. There
are found sufficient technical reasons why these scoundrels
never Set inside of the jails. It is not enough to stuff the
ballot boxes in this way; these officers of election can also
deface and count out (lie ballots of citizens who are “ against
the machine.” They can, under their rules of management,
throw out a precinct or a whole county where the better ele
ment prevails for fictitious reasons, deliberately devised by
this system of organized rascality. So that, even where an
honest majority might, in spite of all pitfalls, be found, the
machine, through the process of thus fraudulently nominating
and fraudulently electing candidates, can overthrow tlie ma
jority and retain possession of the governing business. Patri
otic men have discovered these evil elements to be in control
of the governing powers of the States in greater or lesser degree,
and that the machine and its agents and representatives have
become the allies and the agents o f organized greed and cor
rupt selfishness, until in some States and cities the whole sys
tem of government has become so despicable that the best citi
zens of the State, in despair, absent themselves from the polls
and take little or no interest in public affairs, on the ground
that politics is a “ dirty business.” Honest citizens justly com
plain of the corrupt alliance between the political party ma
chine—often bipartisan, as in New York, Illinois, and Pennsyl
vania—and the corrupt corporations, which deliberately en
gaged in swindling the people out of vast property rights by
granting privileges and properties that belong to the people
without fair consideration. What is even worse, this evil sys
tem has not only given the people no relief against the organ
ized monopoly that has slowly absorbed nearly all of the oppor
tunities of life and are oppressing the people beyond reason in
a mad race for wealth accumulation, but has tremendously con
tributed to the establishment of monopoly by legislative favor
and by executive immunity. Congress itself has exemplified
this system and until recently had not given relief which the
people had a right to ask, although the political parties had
been promising the people relief for years.
Those who have opposed enlarging the direct power of the
people, led by President Taft, loudly proclaimed in tlie cam-
4716
CONGRESSIONAL KECOE D— SENATE.
])aipn of 3908, in answer to the Democratic demand for the
“ people’s rule,” that the people did rule through the Republican
Party, and that those who claimed that the people were not rul
ing1 were merely agitators and demagogues.
The great progressive party of the country, the Democratic
Party, raised this issue of direct legislation and declared in
favor of it in the national platform of 1900. They demanded
the direct election of Senators; they demanded the publicity of
campaign contributions; they demanded an end to corrupt prac
tices; and they demanded “ the people’s ru le” in terms most
emphatic in the platform of 1908, denouncing the graft and po
litical corruption traced to the representatives of predatory
wealth, the debauchery of elections, and declaring “ the rule o f
the people ” to be “ the overwhelming issue.”
The people realized in 1909, when the Republican Party lead
ers passed the Payne-Aldrich Tariff Act, that the Republican
leaders did not represent the people but represented privilege
and private interests. It was obvious from their conduct that
the people did not really rule the country, but that organized
plutocracy was in control. In tm address to the Senate before
the campaign of 1910 on the 28tli day of May, 1910, I called the
attention of the country to the fact that the people did not really
rule in Congress; that the people had been promised many
things for years by the party in power and had been continually
disappointed. I pointed out then many things which the people
justly desired and had prayed for in vain.
That they had urgently desired—
The control of monopoly.
Lower prices on the necessaries of life and on manufactured
goods.
Lower railroad rates. Lower passenger rates.
Physical valuation of railroads and of telegraph and tele
phone and industrial corporations.
Reciprocity with other nations.
An act preventing corrupt practices in governmental proc
esses.
A sweeping control of improper campaign contributions.
An end of gambling in agricultural products, cotton, and
foodstuffs.
The abatement of the gigantic stock and bond gambling estab
lishment in Wall Street.
An end to overcapitalization of stocks and bonds.
An end to unfair railway discriminations.
The development of good roads.
' The legitimate development of national waterways.
An income tax.
.
A progressive inheritance tax.
An employers’ liability act.
An act providing adequate workmen's compensation.
A minimum wage for women.
An eight-hour labor day.
Fair treatment for child labor.
Fair prices for their crude products.
’The right both to buy and to sell on a competitive market.
All these things the people had sought and had not received
because they did not really rule through the Republican Party.
RELIEF IS ABOUT TO COME THROUGH THE PROGRESSIVE DEMOCRATIC
PARTY.
The demand for the people's rule became the battle cry of the
Democracy in 3908, and in 3910 the people captured the House
of Representatives through the Democratic Party and immedi
ately undertook the fulfillment o f these promises for a better
government by overthrowing Cannonism and by passing numer
ous acts reducing the tariff, all vetoed by Mr. Taft.
The Democratic Party made good in 3911 and 1912, and in the
campaign of 1912 they took further advanced ground toward
purifying the processes of government and establishing the rule
of the people in the following magnificent declaration:
Wo direct attention to the fact that the Democratic Party’s demand
for a return t o t h e r u l e o f t h e p e o p l e , e x p r e s s e d in t h e n a t io n a l p l a t
f o u r y e a r s a g o , has now become the accepted doctrine of a largo
majority of the electors. We again remind the country that only by a
la r g e r e x e r c i s e o f t h e r e s e r v e d p o w e r o f t h e p e o p l e can they protect
themselves from the misuse of delegated power and the usurpation of
governmental instrumentality by special interests. For this reason
the national convention insisted on the overthrow of Cannonism and the
inauguration of a system by which United States Senators could be
elected by direct vote. T h e D e m o c r a t i c P a r t y o f f e r s i t s e l f t o t h e c o u n t r y
fo rm
a s an a g e n c y t h r o u g h w h ic h t h e c o m p l e t e o v e r t h r o w a n d e x t i r p a t i o n o f
c o r r u p t i o n , f r a u d , a n d m a c h in e r u l e in A m e r i c a n p o l i t i c s c a n he e f f e c t e d .
They went further; they provided for a preferential ballot for
presidential candidates in WKi by a primary and for election
likewise of members of the Democratic national committee, who
should immediately take their places and put an end to the
MARCH 3,
machine management of the Democratic national committee in
the following language:
We direct that the national committee incorporate in the call for the
next nominating convention a r e q u i r e m e n t that a ll e x p r e s s i o n s o f p r e f e r
for p r e s i d e n t i a l c a n d id a t e s shad be given and the seleciion of
delegates and alternates made through a p r i m a r y e l e c t i o n conducted by
the party organization in each State where such expression and election
a r e n o t p r o v i d e d f o r b y S t a t e la w .
C o m m i t t e e m e n who are hereafter
to constitute the membership of the Democratic national eommiitee and
whose election is not provided for by law shall be chosen in each State
a t s u c h p r i m a r y e l e c t i o n s , and the service and authority of the com
mitteemen, however chosen, shall begin i m m e d i a t e l y upon the receipt
of their credentials, respectively.
en ce
They did more. They pledged an end (o abuse of money in
elections by publicity and by limiting individual contributions in
the following plank :
We pledge the Democratic Party to the enactment of a law prohibit
ing any corporation from contributing to a campaign fund and a n y
in d iv id u a l f r o m
c o n t r i b u t in g a n y a m o u n t a b o v e a r e a s o n a b le m a x i m u m .
They went further to break up machine rule by proposing to
put an end to the abuse of patronage by a President in renomi
nating liimself in the following plank :
We favor a s i n g l e p r e s i d e n t i a l t e r m , and to that end urge the adoption
of an amendment to the Constitution making the President of the
United States i n e lig ib le f o r r c c l e c t i o n , ami we pledge the candidate
of this convention to this principle.
They declared for the control by the people of the United
States Senate by the direct election of Senators.
The Democratic Congress of 1910 and 1912 was a Congress of
magnificent accomplishment, overthrowing Cannonism. passing
acts to lower taxes, providing the direct election of Senators,
admitting progressive Arizona and giving New Mexico an
amendable constitution, limiting the election expenses of Sen
ators and Representatives, passing a bill to prevent the abuse of
injunction, passing a bill giving an eight-hour day for workmen,
and so forth.
The Democratic Party in its platform of 1912 promised the
people the relief which they have ail these years hoped for—
tariff reform, control of the trusts, lowering ihe cost of living,
physical valuation of railroads, express companies, telegraph
and telephone lines, proper banking legislation, development of
waterways and roads, declaring in favor of conserving the propery of the people, the protection of the rights o f labor, to estab
lish a Department of Labor, to establish an independent public
health service, to establish the parcel post (now the law ), and
to reform the administration of the civil and criminal law.
The tremendous effect of the sound, honest, wise Democratic
point of view on next week—March 4, 1918—will be far removed
from the point of view o f tbe Aldrich regime of six years ago.
Mr. President, the people are going to rule through the pro
gressive Democratic Party, which has pledged itself as an
agency through which they can realty enforce the matured
public opinion of the country.
The progressive policies of the Democratic Party mean the
absolute overthrow of the political machine, and I rejoice in
the declaration of the noble platform that—
The Democratic Party offers itself to the country as an agency
through which the complete overthrow and extirpation of corruption,
fraud, and machine rule in American politics can bo effected.
And I remind my fellow Senators that the initiative and the
referendum and the recall comprise the quickest, most direct,
adequate available means by which to put an end to corrupt
machine politics in the Nation and to overthrow the baleful in
fluence of the machine.
The ideals of the machine are low. The notion of the ma
chine politician is to get a job at governmental expense for Him
self and his cronies; perhaps to make money out o f the govern
ing business by selling privileges to those who wish to buy at
the expense of the people—it may be the selling of municipal
contracts; it may be selling franchises; it may be selling im
munity from the law intended to control vice and criminal
conduct; it may be the blackmailing of legitimate business
through a jack-pot legislature, or the withholding, until paid
for, the statutes required by the people. There are numerous
degrees of the machine, from the comparatively harmless to that
which is utterly corrupt and criminal.
There are many perfectly honest men, however, who stand by
a party organization as a matter of party loyalty, not realizing
when legitimate organization becomes illegitimate organization;
when honest party organization becomes a dishonest organiza
tion unworthy the support of good men, when their party man
agement fails into the hands of a selfish or corrupt machine.
This mischief-breeding system has grown from the convention
system, as established in 1832, which developed into the danger
ous machine-rule system in 1844, against which Renton and Cal
houn made their great protests. They forecasted what has hap
pened, and we are now trying to undo the harm which was then
1913.
CONGRESSIONAL BECOE-D— SENATE.
begun, and which in recent years has reached such an evil emi
nence. It is against (he bad practices and evil results of ma
chine government that thoughtful citizens have determined to
promote the initiative and referendum. In 1902, by the vigorous
questioning of candidates by nonpartisan organizations, a wedge
was forced into the iron-clad panoply of the two great political
parties, in both of which the machine existed in greater or
less degree, and in this way an opening was made for the
establishment of the greatest of all of the agencies for enforcing
“ representative democracy.” We had the form of a repre
sentative democracy—we did not have its substance for the
reason that in many cases the representatives in State legis
latures and in Congress and in executive and judicial offices,
owing their elections to the machine, and the political machine
having a good working agreement with the corrupt commercial
and financial interests, prevented the representatives of the
people really representing the people and had them in fact
representing the special interests as against the general in
terest.
The people need the initiative and referendum as the quickest
means by which they can conveniently overthrow the corrupt
political machines in the United States. By the initiative the
people can pass any law they do want, and by the referendum
they can veto any law they do not want, and this is a deadly
peril to the machine and to the “ representative” who is really
a representative of corrupt special interests, while it is a shield
and buckler to the “ representative” who really at heart repre
sents the people. A good representative is glad to have any bill
which he passes referred to the people, and he is glad to have
the people initiate any bill which they really desire.
4717
establishing of honest election machinery. The organized ras
cality of the machine will always be found in the way of a
thorough-going corrupt practices prevention act and will always
be found opposed to perfecting the election machinery.
This is why in New York the bipartisan machine, led by ma
chine politicians on the Democratic side, and by machine poli
ticians on the Republican side, defeated a primary law. This
is why proper laws controlling corrupt practices and perfecting
the election machinery so as to make it absolutely honest have
not been passed in New York, in Pennsylvania, and in numerous
other States, and this is why the people of California adopted
the initiative and referendum and the recall: this is why Oregon
adopted it; this is why Oklahoma adopted it, and this is why so
large a number of States have adopted the initiative and refer
endum, and why so many others are about to adopt it. and this
is the reason why it is going to be adopted in every single one
of the 48 States of this Union.
And no amount of political sophistry is going to stop the
American people from adopting the means by progressive meas
ures for putting an end to organized misconduct in the govern
ing business in the United States.
The American people know what the trouble Is. and the great
English ambassador, James Bryce, in the American Common
wealth, photographed it for their information under the head
ings “ The machine,” “ Rings and bosses,” “ Spoils, etc..” in
1888. (American Commonwealth, Yol. II, pp. 51-141, ed. 1888.)
Public opinion has not been hasty, but has moved slowly, very
slowly, too slowly.
Why, Mr. President, even the control of corrupt practices in
the nomination and election of the President of the United States
and in electing Senators and Members of Congress has never
W h at is t h e I n it ia t iv e an d R e f e r e n d u m ?
been properly passed. The law on the publicity of campaign
THE INITIATIVE.
contributions, the law which we have passed, is grossly defec
In its ordinary meaning it is this: The initiative means the tive, requiring no publicity of certain individual contributions, no
right, of the people, under forms prescribed by law, to initiate publicity of any committee spending money wholesale on national
any law they want and to wlieli they can get a sufficient num elections, except where that committee is confessedly in charge
ber of thousands of citizens to attach their signatures on peti of two or more States, and there is no machinery for making
tions, to be submitted by the secretary of state at the next regu
lar election to the voters of the State for their adoption or re effective publicity of campaign contributions. The reason is
jection. It is very troublesome to get up an initiated petition. that the power of the machine has been so great in the House
and in the Senate that the perfecting of this law has appeared
It is expensive. It is only done by those who are moved by a
to be impossible. The American people are going to end it by
powerful interest and who believe that their proposal would putting their hands on the governing business with power and
meet the approval of the majority of the citizens of the State. with direct authority through the initiative, the referendum, and
The initiative permits a certain number of thousands of voters the recall. These statutes open the door for the passage of
to make a motion before all of the citizens of the State, which corrupt practices prevention aPts and for the recalling of un
shall be voted on, just as one man in a mass meeting can make a faithful representatives.
motion and have it voted on, or as one member of a legislative
By the initiative and referendum we can pass the Australian
assembly can make a motion that a certain bill which he drafts ballot, which being a secret ballot prevents the financial and
shall be voted on. But the initiative by the people before it commercial bullies of the country coercing the suffrage of the
can be moved must have thousands of people say that they want poor citizens whose bread and butter these bullies control.
it voted on by signing a petition to that effect. It takes over
By the initiative and referendum we can pass a mandatory
18,000 voters in Oklahoma to initiate a bill. It gives the peo primary law in spite of the legislature controlled by the ma
ple an opportunity to pass any law they do want in this way chine, and in this way can permit the citizens to nominate their
when their legislature for any reason—particularly for the proposed representatives and take the nomination of public
reason that the legislature is controlled by a crooked bipartisan officials out of the hands of the convention system, out of the
political machine—refuses to pass laws which are of funda machine, out of the hands of organized rascality.
mental importance, such as a thoroughgoing corrupt practices
By the initiative and referendum we can pass a thorough
prevention act. Oregon could never get a corrupt practices going corrupt practices prevention act that will destroy machine
prevention act that was efficient until Oregon had the initiative politics and corrupt practices in this Republic, and will drive
and referendum, because the organized rascality of that State out of public life machine-picked candidates, who are the allies
was in control of the legislature and would not permit it to and often the agents of monopoly and of the corrupt commercial
be done. They could not get a proper direct primary nor other and financial interests, who have not hesitated to use money on
needed statutes.
a gigantic scale. We have had in recent years overwhelming
TIIE REFERENDUM.
evidence of this.
It is merely this: That the people, within 90 days after an
By the initiative and referendum a new era of pure and up
objectionable act is passed, may in like manner sign a petition right government will be introduced into the United States
by a certain number of thousands of voters requesting that the and into the States of the Union in which the welfare of men,
particular objectionable act passed by the legislature which the of women, and poor children will be the great motive force of
petitioners believe injurious to the people shall be suspended in law making and of law executing, and an end will be put to
its operation until the next regular election, at which time the the use of legislative and executive power for the purpose of
people shall have the right either to confirm or reject such promoting merely the financial and commercial power of organ
statute so passed by the legislature. Usually 8 per cent of the ized greed.
voters can initiate a bill they want, and 5 per cent of the voters
By the initiative and referendum we can promote organized
can have a referendum. A better system would be to require a righteousness in government and overthrow organized corruption.
fixed number of qualified voters, as 10,000. or 15,000., or 30,000,
By the initiative and referendum we can overthrow the cor
as in Maine This fixes a definite standard and more clearly rupt convention system and establish the rule of the intelligence
visualizes to the public the size and dignity of the demand for and conscience of the majority of our citizens.
By the initiative and referendum wo can overthrow organized
a proposed measure before it can be submitted to the whole
selfishness and establish organized altruism.
people.
THE INITIATIVE AND TIIE REFERENDUM AND TIIE MACHINE.
By the initiative and referendum we can overthrow the liquor
The initiative and referendum, as I have said, is a deadly traffic in the United States and establish sobriety and temper
enemy to the machine. The machine can only retain its powei ance and provideme in this Republic.
By the initiative and referendum we can overthrow the Patent
power by preventing the passage of a corrupt practices preven
tion act, by preventing honest election laws, and preventing the Medicine Trust and establish a department of health that will
CONGl!ESSIOXAI 7:EOORD— 8 EXATE.
4718
save hundreds of thousands of citizens annually from prevent
able diseases and death.
By the initiative and referendum we can establish the rights
of the weak, of poor feeble- men, o f women, and of children
who can not stand up against the grinding conditions established
in this Republic and brought about by the combination of
machine politics and organized corrupt selfishness.
:
V
('
It is no wonder that 4,000,000 voters broke away from all
party ties and followed Theodore Roosevelt when he threw him
self at the head of this vital demand for righteousness and effi
ciency in government. It is no wonder that Woodrow Wilson,
having for years questioned the practicability o f tlie initiative
and referendum, changed his mind about it and threw himself
on the right side of this vital question and is now a great ex
ponent of this doctrine and the head of a party which thoroughly
believes in it.
This noble doctrine of the democracy has won over millions
of good citizens heretofore affiliated with other parties and led
directly to the organization of the Progressive Party, so called.
The Democratic Party has long been the more progressive
party of the Nation, even if it has had its efficiency impaired by
corrupt machine politics in some of the States. It has been
demanding the direct election of Senators for many years. It
has violently opposed the corrupt use of money and the coercion
of voters by commercial and financial interests, and lias been
opposing the trusts for many, many years. The Democratic
Party declared itself boldly and strongly in favor of “ direct
legislation” in its platform of 1900 in the following language:
We favor
d ir e c t le g i s l a t i o n
wherever practicable.
M arch
o
O
United States Senator Jonathan B ourne, of Oregon, lias said:
The initiative and referendum is the keystone of the arch of popular
government, for by means of this the people may accomplish such other
reforms as they desire. The initiative develops the electorate, because
it encourages study of principles and policies of government and affords
tlie originator of new ideas in government an opportunity to secure
popular judgment upon Ills measures. The referendum prevents misuse
of the power temporarily centralized in the legislature.
United States Senator Moses E. Clapi1 in San Francisco in
,
1911, said:
The initiative and referendum I regard as more than monitorial. If
the American people are going to make a success of free government,
they have got to take an interest in government. These measures are
a thousand times more valuable as an educational and inspirational
force, great as their monitorial value may he. They open an avenue to
the voter, so that he does not have to ask any political boss permission
to air his views.
Gov. John F. Sh afroth, about to outer the Senate as the Sen
ator from Colorado, said:
The initiative and referendum places the Government nearer to the
people, and that has always been the aim of the framers of all repub
lican forms of government.
Gov. Hiram W. Johnson, o f California, the recent candidate
for Vice President of the United States, and who received over
4,600,000 votes, said in his inaugural address before the Cali
fornia Legislature:
I commend to you the proposition that after all the initiative and
referendum depend upon our confidence in the people and their ability
to govern. The opponents of direct legislation and tbe recall, however
they may phrase their opposition, in reality believe the people can not
be trusted. * * * Wc who espouse these measures do so because of
our deep-rooted belief * * * not only in tbe right of tbe people to
govern but in their ability to govern.
9
This means the initiative and referendum. And in its great
platform o f 1908 was the following noble declaration of pro
gressive principles:
Judge Ben B. Lindsay, of Denver, recently said in the Toledo
News-Bee:
lation which they may exercise at their option. They do not
wish to exercise this right except in important cases. They
prefer their representatives to make, judge, and execute the
law. It is only when their representatives fail to represent
the people that the people would care to exercise direct power.
By arranging that the people may exercise direct power at their
option, the representatives would make it unnecessary for the
people to exercise this power, because the big stick of public
opinion, being available through the initiative and referendum
and recall, the legislator, the judge, the administrative officer
will represent matured public opinion to the best of his lim
ited understanding, and generally in a satisfactory manner.
Our President elect, Woodrow Wilson, although at one time
regarding the initiative and referendum as unnecessary and
unsuitable, came to change his mind substantially about it for
the same reason that other thoughtful men changed their
minds, and are daily changing their minds, on this great ques
tion; and that is, for the reason that you can not get the eco
nomic and humane reforms desired for the welfare of the race
until you overthrow the machine and establish righteous and
responsive government by giving the people a mechanism
through which the public conscience and public intelligence can
act. On August 26, 1911, in the Outlook, Gov. Wilson said:
\t
And Dr. Charles A. Beard, associate professor of politics in
Columbia University, said:
It is hard for me to understand how anyone familiar with the
methods of the great privileged interests of the country in controlling
We rejoice at the increasing signs of an awakening throughout the courts and legislatures could fail to be an enthusiastic supporter of
country. The various investigations have t r a c e d g r a f t a n d p o l i t i c a l the initiative and referendum.
c o r r u p t i o n to t h e r e p r e s e n t a t i v e s o f p r e d a t o r y w e a l t h , and laid bare
Prof. Franklin H. Giddings. of Columbia University, in an
the unscrupulous methods by which they have d e b a u c h e d e l e c t i o n s and
preyed upon a defenseless public t h r o u g h t h e s u b s e r v i e n t officia ls w h o m address before the City Club of Philadelphia on March 23, 1912,
t h e y h a v e r a is e d t o p la c e a n d p o iv e r .
The c o n s c ie n c e o f t h e R a t i o n is n o w a r o u s e d and will free the Govern said:
I believe that the people of the United States are changing their form
ment from the grip of those w h o h a v e m a d e i t a b u s i n e s s a s s e t o f t h e
fa v o r -s e e l c i n g c o r p o r a t i o n s .
It must become again a p e o p l e 's G o v e r n of government somewhat by introducing such new measures as the
referendum, the initiative, the recall, and the direct primary, in part
m e n t , and be administered in all departments according to the Jeffer
sonian maxim— “ equal rights to all; special privileges to none.”
because their interests have become largely new, in part because of
real restiveness under existing conditions, hut in part also because, to
“ K h a li t h e p e o p l e r u l e ? ’ - is t h e o v e r w h e l m i n g i s s u e w h ic h m a n i f e s t s
i t s e l f in a ll t h e q u e s ti o n s n o w u n d e r d is c u ss io n .
an extent never before seen in our history, the people are now thinking
about things, whereas during a great part of our political history they
The people can only rule by having the right of direct legis have thought not about things hut only about candidates.
For 15 years I taught my classes that the initiative and referendum
wouldn’t work. I can prove it now; but the trouble is t h e y d o . * * *
B a c k o f all o t h e r r e f o r m s lie s t h e m e a n s o f g e t t i n g i t .
Back of the
question, What do w want? is the question, How arc we going to get
e
it? T h e i m m e d i a t e t h i n g w c h a v e g o t t o d o i s t o r e s u m e p o p u la r g o v
ern m en t.
* * * We are cleaning house, and in order to clean house
ihe one thing we need is a good broom. The initiative and referendum
are good brooms.
a
And Theodore Roosevelt, before the Ohio constitutional con
vention on April 21, 1912, said:
I believe in the initiative and referendum, which should be used not
to destroy representative government, but to correct it whenever it
becomes misrepresentative.
United States Senator R obeet M. L a F oiaette, of Wisconsin,
has said:
In m judgment the public interests would he promoted if a majority
y
of the voters possessed the option of directing by ballot the action of
their representatives on any important issue, under proper regulations,
insuring full discussion and mature consideration upon such issue by
the voters prior to balloting thereon.
* * * anxiety for the preservation of representative institutions
D
eed not lead anyone into the extreme view that the initiative and
referendum are incompatible with them. They do not destroy repre
sentative government, neither is there any indication, nor anything in
the nature of things, showing that they can destroy such government.
Switzerland has this system in excellent working order, and
many of our American States have adopted it for the reasons
which I have briefly suggested.
AX ANSWER TO THE ARGUMENT IN FAVOR OF SENATE RESOLUTION 413.
Mr. President, I shall now directly answer the proposals of
Senate resolution 413. that the initiative and referendum as
established or proposed in the American States is in conflict with
the representative principle on which this Republic was founded
and would work a radical change in the character of our Gov
ernment.
The argument made by the then Senator from Texas on this
point is that the language used by certain “ representative ”
citizens in the Constitutional Convention of 1787 would argue
that they thought the Government of the United States was
intended to be u a representative democracy ” and not a mon
archy, an aristocracy, or a “ pure democracy.”
Conceding that these gentlemen made the illuminating remarks
attributed to them, after all, what they said is immaterial and
irrelevant.
The remarks o f Charles Pinckney, or Madison, or Hamilton,
or of Fisher Ames, or of Ellsworth, or o f Pendleton, in secret
convention or elsewhere, are unimportant in the presence of
the actual history and constitutions of the 48 States, even if any
accidental phrase or opinion emanating from any of these excel
lent gentlemen had relevancy, which they have not.
Some of these men suggested the importance of people in
thickly settled communities delegating to representatives their
governing powers as a matter of necessary convenience, and the
wisdom o f this observation no man disputes. Some o f them
pointed out that a “ pure democracy ” was not practicable or
wise in a country such as ours, and to this proposal no advo
cate of the optional initiative and referendum, which is the
only form proposed in America, takes issue.
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Mr. Lodge lias the precaution upon furtlier stml.v of this up brick walls against it. * * * “ The prevalent conception of popit was aggressive, revolutionary, unreasoning,
question to discuss the “ compulsory initiative and referendum ” ular opinion was that a breeder of mob violence.” (American Com
passionate, futile, and
(at Priucton, March 8. 1912), which is not an issue in the United monwealth, Morris ed., 190G, p. 200.)
States, and he thereby practically concedes that he has no
The convention of July 4. 1776, and the Declaration of Inde
adequate argument against the optional “ initiative and refer pendence was thoroughly democratic. The Constitution of the
endum,” the only form suggested in this country.
United States, drawn by tlie reactionaries 11 years afterwards,
The compulsory initiative and referendum would mean that was thoroughly undemocratic in numerous particulars, to some
the people would be compelled to pass on every law, which is ! of which I shall call attention.
not suggested by anyone as suitable in a Republic of 90.000.000 J . There were only 65 members of this secret convention; only
people. Mr. Lodge’s escape through the “ compulsory d oor” is 55 members attended and only 39 members signed it, and they
ludicrous and a humorous side light on his estimate of the igno were nearly all reactionaries.
rance of his Princeton audience.
The Constitution they submitted was undemocratic in the fol
jjf
Even if Madison and Pinckney and Hamilton had known lowing particulars:
what the modern initiative and referendum is and had opposed
First. The Constitution permitted a life President.
it in specific terms, their opinions would be of no importance.
Second. The Constitution did not provide for the nomination
We might as well go back to 17S7, a hundred and twenty-five or election of the President by the people, but by electors far
yeans, and have them tell us how to devise a telegraph system, removed from the people.
or to invent a telephone system, or to send messages 3,000 miles
Third. The Constitution did not provide for the nomination
ij
through the air without wires, or to run railway trains at G or election of Senators by the people.
O
miles the hour, or to construct a Mauretania for the high seas.
Fourth. The Constitution provided for an uncontrolled judi
These innocent old gentlemen would fall dead with astonish ciary (by possible interpretation), in striking contrast to the
laws of every State in the Union, including Utah.
ment if they could see the conditions of modern life. They are
Fifth. A minority of the House (34 per cent) can prevent the
not qualified to instruct us in statecraft.
The then Senator from Texas makes a crafty appeal to the majority proposing an amendment to the Constitution. A
sense of reverence which all men have for their ancestors, and minority of the Senate (34 per cent) can prevent the majority
then tries to argue that our ancestors were opposed to the proposing an amendment to the Constitution. A President can
initiative and referendum. The answer to all this is that our prevent a majority of both Houses proposing an amendment to
ancestors did not have the slightest idea what the modern op the Constitution. A small minority of the States (26 per cent)
tional initiative and referendum is; in the second place, our can prevent the amendment of the Constitution.
ancestors expressed no opposition to the modern optional initia
Sixth. No provision for the adoption of the Constitution was
tive and referendum; and, in the third place, our ancestors had arranged by popular vote.
And some o f the delegates who approved the Constitution from
no conception of how a representative democracy could fall into
the control of organized greed through the use of a political Virginia at least disobeyed the instructions of the people.
machine. They never considered the possibility o f such a thing,
Seventh. The Constitutional Convention usurped the power in
and if they were to have the present facts before them they framing the Constitution.
would probably support unanimously the initiative and referen
They were only authorized to prepare amendments to the
dum in order to perfect the representative system.
Articles of Confederation, not frame a new Constitution.
These ancestral statesmen, who met together in the seclusion
Eighth. The Constitution did not protect the right of free
of closed doors to discuss the framing of a Federal Constitution, speech.
were men as a rule of strongly reactionary sentiment. TwoNinth. The Constitution did not protect the right of free
thirds of them were quite thoroughly undemocratic; such lead religion.
•
ing Democrats as Thomas Jefferson, Samuel Adams, Patrick
Tenth. It did not protect the freedom of the press.
Eleventh. It did not protect flie right of the people to peace
Henry, et ah, were conspicuous by their absence. The debates
were behind closed doors, in secret conclave, no member allowed ably assemble.
Twelfth. It did not protect the right of the people to petition
,|
f
to report or copy any of its proceedings, which were kept pro
foundly a secret for 50 years, until all the actors were dead. the Government for the righting of grievances.
Thirteenth. It did not protect the right of the States to have
jiU
No wonder this profound secrecy was demanded and observed,
for the 65 members of this convention were not authorized to troops.
Fourteenth. It did not protect the right of the people to keep
draft a constitution, but merely to propose amendments to the
Articles of Confederation, and in drafting the Constitution they and bear arms.
Fifteenth. It did not protect the people against the quartering
were guilty of usurpation of political power.
The undemocratic character of the men who got into this of soldiers upon them without their consent.
Sixteenth. It did not protect the right of the people to be
constitutional convention is demonstrated by numerous secret
speeches made by them when in that convention, and which they secure in their persons, houses, papers, and effects against un
reasonable searches and seizures nor against warrants, except
believed would never be known by the people.
upon suitable safeguards.
El bridge Gerry, for example, declared—
Seventeenth. It did not protect (he people against being held
j
that democracy was the worst of all political evils. (Elliott's Debates,
for crime, except on indictment.
vol. 5, p. 557.)
Eighteenth. It did not protect the people against a second
Edmund Randolph observed, in tracing the political evils of
this country to their origin, “ that every man (in convention) trial for the same offense.
Nineteenth. It did not protect an accused against being comf:l |
had found it in die turbulence and follies of democracy.”
Hamilton urged a permanent Senate “ to check the impru pelled to be a witness against himself.
Twentieth. It did not protect the citizen against being de
dence of democracy.”
Madison thought the Constitution “ ought to secure the per prived of life, liberty, or property without due process of law.
Twenty-first. It did not protect private property being taken
manent interests of the country against innovation.” (Elliott’s
for public use without just compensation.
Debates, vol. 1, p. 450.)
Twenty-second. It did not secure, in criminal prosecutions,
And Madison, in the Federalist, warned the people against
right of a
public trial by
“ the superior force of an interested and overbearing majority.” the place wherespeedy and was committed. an impartial jury in
the
the crime
And these distinguished gentlemen from whom the then Sen
Twenty-third. It did not protect the accused in the right to
ator from Texas quotes with such gusto made a Constitution
practical!g vnamcndablc bp the people, and failed to put into be informed of the nature and cause of the accu sation, of the
the Constitution a bill of rights and the fundamental principles right to be confronted with the witnesses against him. of the
right to have compulsory processes in obtaining witnesses in his
of liberty contained in the Declaration of Independence.
James Allen Smith, professor of political science, University favor, and to have the assistance of counsel in his defense.
Twenty-fourth. It did not protect the right of the citizen in
1
of Washington, well says:
common-law suits to a trial by jury.
f
From all evidence that we have, the conclusion Is irresistible that
Twenty-fifth. It did not protect the citizen against excessive
tliev sought to establish a form of government which would effectually
curb and restrain democracy. They engrafted upon the Constitution so bail, against excessive fines, nor against cruel and unusual
m
uch of the features of popular government as was, in their opinion, punishments.
sufficient to insure its adoption.
Twenty-sixth. It did not safeguard the rights reserved by the
And James Bryce makes a similar comment on their work. people against invasion by the Federal Government.
In speaking of checks and balances devised in (he Federal
Twenty-seventh. The Constitution is undemocratic in making T
Constitution Mr. Bryce says:
no provision for its subsequent amendment by direct popular
Those who invented this machinery of checks and balances were
anxious not so m
uch to develop public opinion as to resist and build vote, although this was the method of the various States.
,_________________________________ ____
/ #
4720
CONGRESSIONAL RECORD— SENATE
The ratification of this undemocratic Constitution was only
obtained with the greatest difficulty, and in no States was it
submitted to the people themselves for a direct vote.
Massachusetts, South Carolina, New Hampshire, Virginia,
and New York demanded amendments; North Carolina and
lthode Island at first rejected the Constitution, and except for
the agreement to adopt the first 10 amendments and make it
more democratic, it would have assuredly failed.
George Washington, as president o f the convention, was de
barred from sharing in the debates. The Constitution had one
very great merit, it established the Union; it had one very
great demerit, it was grossly undemocratic. But it was not as
undemocratic as some modern statesmen would make it appear.
For instance, it did not formally prevent the recall of judges,
but provided that judges should hold office “ during good be
havior,” and placed the entire executive power in the hands of
a President, and the legislative power in the hands of Congress,
both of whom, in my judgment, have the power o f removing any
Federal judge upon the ground of a high crime and misde
meanor or for any bad behavior and without impeachment.
It was not so undemocratic as to deny the right of direct
taxation of private citizens by an income tax, although the
Supreme Court of the United States so misinterpreted the Con
stitution.
The Constitution says:
No capitation or other direct tax shall be laid, unless in proportion
to the census or enumeration hereinbefore directed to be taken.
The enumeration referred to is as follows:
Representatives and direct taxes shall be apportioned among the
several States which may be included within this Union according to
their respective numbers, which shall be determined by adding to the
whole number free persons, including those bound to service for a term
of years, and excluding Indians, not taxed, three-fifths of all persons.
The actual enumeration shall be made within three years after the
first meeting of the Congress of the United States, and then every sub
sequent term of 10 vears in such manner as they shall by law direct.
Tbe inhibition of a direct tax by the clause above referred to
relates alone to a direct tax on a sovereign State.
I have heretofore fully shown this by its history, by the Con
stitutional Convention debates, and by the other parts of the
Constitution and its interpretation by all departments of Gov
ernment.
If this clause of the Constitution were written out in full, it
would read :
No capitation tax against a sovereign State or other direct tax against
a sovereign State shall be laid unless in proportion to the census or
enumeration of the population of such States hereinbefore directed to
be taken.
The Supreme Court of the United States, misled by fallacious
arguments, interpreted this clause so as to make it read:
No capitation tax against a sovereign State or other direct tax
against a private citizen shall be laid unless in proportion to the census
or enumeration of the population of the States hereinbefore directed to
be taken.
And on this interpretation held that an income tax, being a
direct tax on a citizen, was inhibited by this clause of the Con
stitution.
Such an interpretation of above clause of the Constitution is
incongruous and absurd. It is incongruous to interpret the
clause to jump from a State to the citizen as its subject. It is
absurd to say the clause intended to forbid a direct tax on a
private citizen unless in proportion to the census. The United
States has always directly taxed its citizens and does so now,
so that this interpretation by the Supreme Court is in direct
conflict with the historical and as yet unbroken interpretation
of the Constitution. The Constitution o f the United States,
while undemocratic, was not as undemocratic as this.
We do not need to be advised by the undemocratic Alexander
Hamilton, nor by the undemocratic members in this secret con
clave of 1TS7, as to the true principles of democracy. These
principles are abundantly set forth in the Declaration o f Inde
pendence and in the constitutions o f the 48 States, and show
beyond the peradventure of a doubt that the people of the vari
ous States intended to preserve their liberties by retaining in
their own hands the sovereign powers of government, and this
is abundantly shown by the plain words of the Declaration of
Independence and of the constitutions of the 48 States.
The then Senator from Texas lays great stress upon the
opinions of several of the reactionaries in the secret conclave
of 1787, in which 39 “ unauthorized” delegates, selected by the
legislatures before a constitutional convention was suggested,
framed a constitution that still ties the hands and interferes
with the liberty of 90,000,000 of human beings to freely govern
themselves.
In point of fact there were about 3,000,000 people in America
at that time outside of the secret conclave at Philadelphia,
where certain “ representatives” were embezzling power “ for
the good of the people.”
M akcii 3,
These 3,000,000 people outside o f the little Constitutional Con
vention at Philadelphia had some very sound opinions on human
liberty and on freedom. These were the i>eople who fought the
war with Great Britain and established their independence and
who proposed to keep it by not setting up any rulers over them
selves or any laws over themselves which they could not at any
time amend, alter, or abolish. The people of the United Colo
nies were all right and were believers in popular government
and practiced it, and wrote it in their constitutions. Alexander
Hamilton and some other reactionaries sympathizing with him
were fundamental Tories and at heart opposed to popular
government.
The principle on which this Republic was founded was not the
representative principle (an incident of the people's basic
power), but was the principle of popular sovereignty, the prin
ciple that all power was vested in the people by an inalienable
right, indefeasible, and that the people had the right at any
time to exercise this sovereign power.
The Unanimous Declaration of the Thirteen United Slates
of America, issued July 4, 1776, said:
We hold these truths to he self-evident; that all men are created
eq ual; that they are endowed by their Creator with certain inalienable
righ ts; that among these are life, liberty, and the pursuit of happiness.
That_ to secure these rights governments are instituted among men,
deriving their just powers from the consent of the governed; that when
ever any form of government becomes destructive of these ends i t is t h e
r i g h t o f t h e p e o p l e to a l t e r o r a b o lis h i t and t o i n s t i t u t e n e w g o v e r n
m e n t , l a y i n g i t s f o u n d a t i o n o n s u c h p r i n c ip l e s and organizing its powers
in such form as to them shall seem most likely to effect their safety and
happiness.
This declaration is a declaration in effect that all powers of
government emanate directly from the people. And this right
is reiterated in the constitution of almost every State in the
Union, declaring in various forms that all powers of govern
ment spring directly from the people. For example:
ALABAMA.
1819: “All political power is inherent in the people, and all
free governments are founded on their authority and instituted
for their benefit, and therefore they have at all times an inalien
able and indefeasible right to alter, reform, or abolish their form
of government in such manner as they may deem expedient.”
ARKANSAS.
1836: “ That all power is inherent in the people, and all free
governments are founded on their authority and instituted for
their peace, safety, and happiness. For the advancement of
these ends they have, at all times, an unqualified right to alter,
reform, or abolish their government in such manner as they may
think proper.”
CALIFORNIA.
lS.'fO: “All political power is inherent in the people. Gov
ernment is instituted for the protection, security, and benefit of
the people, and they have the right to alter or reform the same
whenever the public good mag require it.”
COLORADO.
1816: “ That all political power is vested in and derived from
the people; that all government of right originates from the
people, is founded upon their will only, and is instituted solely
for the good of the whole.”
CONNECTICUT.
1818: “ That all political power is inherent in the people, and
all free governments are founded on their authority and insti
tuted for their benefit, and they have at all times an undeniable
and indefeasible right to alter their form of government in such
a manner as they may think expedient.”
DELAWARE.
1792: “All just authority in the institutions of political so
ciety is derived from the people and established with their con
sent to advance their happiness, and they may for this end as
circumstances require, from time to time, alter their constitu
tion of government.”
FLORIDA.
1838: “ That all political power is inherent in the people, and
free governments are founded on their authority and estab
lished for their benefit, and therefore they have at all times an
inalienable and indefeasible right to alter or abolish their form
of government in such manner as they may deem expedient.”
GEORGIA.
1777: “ We, therefore, the representatives of the people, from
tchom all power originates and for whose benefit all government
is intended, by virtue o f the power delegated to us, do ordain
and declare, and it is hereby ordained and declared, that the
following rules and regulations he adopted for the future gov
ernment of this State.”
IDAHO.
1S89: “All political power is inherent in the people. Govern
ment is instituted for their equal protection and benefit, and
they have the right to alter, reform, or abolish the same when-
1913/
CONGRESSIONAL RECORD— SENATE.
4721
ever (hey may deem it necessary, and no special privileges or
immunities shall ever be granted that may not be altered,
revoked, or repealed by the legislature.”
together with the right to alter, modify, or reform such gov
ernment whenever the public good may require it.”
ILLINOIS.
1817: “ That all political power is inherent in the people, and
all free governments are founded on their authority and insti
tuted for their benefit, and therefore they have at all times an
unalienable and indefeasible right to alter or abolish their form
of government in such manner as they may think expedient.”
1818: “ That all poivcr is inherent in the people, and all free
governments are founded on their authority and instituted for
their peace, safety, and happiness
INDIANA.
MISSISSIPPI.
MISSOURI.
1816: “ That all power is inherent in the people, and all free
1820: “ That all political poivcr is vested in and derived from
governments are founded on their authority and instituted for
their peace, safety, and well being. For the advancemnt of these the people.”
M
ONTANA.
ends the people have at all times an unalienable and indefeasible
1889: “All political power is vested in and derived from the
right to alter and reform their government in such manner as
people; all government of right originates with the people, is
they may think proper.”
IOW
A.
founded upon their will only, and is instituted solelv for the
IS.'/G “ That all political power is inherent in the people. good of the whole.”
:
NEBRASKA.
Government is instituted for the protection, security, and bene
1866-61 : “All men are born equally free and independent and
fit of the people, and they have the right at all times to alter
or reform the same whenever the public good may require it.” have certain inherent rights; among these are life, liberty, and
the pursuit of happiness. To secure these rights governments
KANSAS.
are instituted among men, deriving their just powers from the
1855: “All political power is inherent in the people. Govern consent of the governed.”
ment is instituted for their equal protection and beuelit, and
NEVADA.
they have the right to alter, reform, or abolish the same ichen186'/: “All political power is inherent in the people. Govern
ever they may deem it necessary, and no special privileges or ment is instituted for the protection, security, and benefit of the
immunities shall ever be granted that may not be altered, re people, and they have the right to alter or reform the same
voked, or repealed by the general assembly.”
whenever the public good may require it.”
KENTUCKY.
1792: “ That all power is inherent in the people, and all free
governments are founded on their authority and instituted for
their peace, safety, and happiness. For the advancement of
these ends they have at all times an unalienable and indefeasible
right to alter, reform, or abolish their government in such man
ner as they may think proper.”
NEW HAMPSHIRE.
In New Hampshire four constitutions were submitted to the
people, who voted directly upon them at town meetings. The
first three were rejected (American Political Science Review,
Vol. II, p. 549) largely because there were no express limita
tions upon the power of the legislature—no bill of rights. The
bill of rights of the fourth one, that of 1784, declares:
LOUISIANA.
178'/: “ VII. The people of this State have the sole and ex
1868: “All men are created free and equal and have certain clusive right of governing themselves as a free, sovereign, and
inalienable rights; among these are life, liberty, and the pursuit independent State, and do, and forever hereafter shall, exercise
of happiness. To secure these rights governments are instituted and enjoy every power, jurisdiction, and right pertaining
among men, deriving their just powers from the consent of the thereto which is not or may not hereafter be by them expressly
governed.”
delegated to the United States of America in Congress assem
MAINE.
bled.”
NEW JERSEY.
1819: “All power is inherent in the people; all free govern
The New Jersey constitution "of 1779 declares:
ments are founded in their authority and instituted for their
1776: “ Whereas all the constitutional authority ever possessed
benefit; they have, therefore, an unalienable and indefeasible
right to institute government and to alter, reform or totally by the Kings of Great Britain over these Colonies or their other
dominions was, by compact, derived from the people and held of
change the same, when their safety and happiness require it.”
them for the common interest of the whole society, allegiance and
M
ARYLAND.
1776: “ That all government of right originates from the peo protection are, in the nature of things reciprocal ties, each equally
ple, is founded in compact only and instituted solely for the good depending upon the other and liable to be dissolved by the others
being refused or withdrawn. And whereas George III, King of
of the whole.”
Great Britain, has refused protection to the good people of these
MASSACHUSETTS.
Colonies, and, by assenting to sundry acts of the British Parlia
The first constitution submitted in Massachusetts was rejected ment, attempted to subject them to the absolute dominion of
by the people by direct vote at town meetings in the spring of that body, and has also made war upon them in the most cruel
1779, because it contained no bill of rights, and for other rea and unnatural manuer for no other cause than asserting their
sons. The next constitution submitted, that of 17S0, the people just rights, all civil authority under him is necessarily at an end
adopted by direct vote at town meetings and by more than two- and a dissolution of government in each Colony has consequently
tliirds of all who voted. The bill of rights declares:
taken place.”
1780:
BILL OF RIGHTS.
“A rticle I. All men are born free and equal, and have
1857:
MINNESOTA.
“ Government is instituted for the security, benefit, and
NEW YORK.
The New York bill of rights of 1777 declares:
1777: “ I. This convention, therefore, in the name and by the
certain natural, essential, and inalienable rights; among which
may be reckoned the right o f enjoying and defending their lives authority of the good people of this State, doth ordain, deter
and liberties; that of acquiring, possessing, and protecting prop mine, and declare that no authority shall, on any pretense what
erty: in fine, that of seeking and obtaining their safety and ever, be exercised over the people or members of this State but
such as shall be derived from and granted by them.”
happiness.
NORTH CAROLINA.
'
“A rt. IV. The people of this Commonwealth have the sole and
1776: “ That all political power is vested in and derived from
exclusive right of governing themselves as a free, sovereign, and
independent State, and flo, and forever shall, exercise and enjoy the people only.”
NORTH DAKOTA.
every power, jurisdiction, and right which is not, or may not
1889: “All political power is inherent in the people. Govern
hereafter be, by them expressly delegated to the United States
ment is instituted for the protection, security, and benefit of the
of America in Congress assembled.
“A rt. V. All power residing originally in the people, and being people, and they have a right' to alter or reform the same when
derived from them, the several magistrates and officers of gov the public good may require.”
ernment vested with authority, whether legislative, executive,
OHIO.
or judicial, are their substitutes and agents and are at all times
1802: “ That all men are born equally free and independent,
accountable to them.”
and have certain natural, inherent, and inalienable rights
MICHIGAN.
* * * and every free republican government being founded
1835: “All political power is inherent in the people.
on their sole authority, and organized for the great purpose of
“ Government is instituted for the protection, security, and protecting their rights and liberties and securing their inde
benefit of the people; and they have the right at all times to pendence; to effect these ends, they have at all times a complete
alter or reform the same and to abolish one fotm of govei nment power to alter, reform, or abolish their government whenever
and establish another whenever the public good requires it.”
they may deem it necessary.”
protection of the people, in whom all political power is inherent,
OKLAHOMA.
1907: “All political power is inherent in the people; and gov
ernment is instituted for their protection, security, and benefit,
4722
COXGKESSIOXAL RECORD— SEX A T E.
and to promote tlieir general welfare; and they have the right
to alter ar reform the same whenever the public good may
reouire it.”
p
f
If
■
■
■
M
arch:
3,
W
XO.MING.
1889: “All power is inherent in the people, and all free gov
ernments are founded on their authority and instituted for
OREGON
.
their peace, safety, and happiness; for the advancement of
1857: “ That all power is inherent in the people, and all free these ends, they have at all times an inalienable and inde
governments are founded on their authority and instituted for feasible right to alter, reform, or abolish the government in such
their peace, safety, and happiness, and they have at all times a manner as they may think proper.”
right to alter, reform, or abolish* the government in such manner
THE DEOPLE BETTER AUTHORITY THAN HAMILTON OR PINCKNEY.
as they may think proper.”
Mr. President, here it will be observed that the people in
PENNSYLVANIA.
the States declare all political power vested in and derived
1776: “ That the people of this State have the sole, exclusive, from the people, and that they have an inalienable and inde
and inherent right of governing and regulating the internal feasible right to alter, amend, or abolish, their form of gov
police of the same.
ernment in such manner as they may deem expedient. So
“ That all power being originally inherent in, and conse that we do not need the quotations from a few reactionary
quently derived from, the people; therefore all officers of gov- citizens who were disobeying their representative instructions
erment. whether legislative or executive, arc their trustees and in the secret conclave of 1787 to tell us what the Constitution
servants, and at all times accountable to them.”
and the law is.
RHODE ISLAND.
It is rather astonishing to hear from various men of learn
18 yt: “ The basis of our political systems is the right of the ing that the right of the people to legislate directly is un
people to make and alter their constitutions of government.”
constitutional: that it is “ in conflict with the representative
SOUTH CAROLINA.
principle on which this Republic is founded.”
This is the same old federalist argument that; was answered
171)0: “All power is originally vested in the people; and all
free governments are founded on their authority and are insti in the Supreme Court of Oregon in the Pacific Telephone case,
tuted for their peace, safety, and happiness.”
where it was urged that the Federal guarantee to the State of a
SOUTH DAKOTA.
republican form of government would forbid the initiative and
1889: “ All men are born equally free and independent and referendum as in conflict with a republican form of government
(Exhibit B
have certain inherent rights, among which are those of enjoying or with the so-called representative principle.
and defending life and liberty, of acquiring and protecting answers this argument.)
The adoption of the constitution of Texas was an act of direct
property, and a pursuit of happiness. To secure these rights
governments are instituted among men, deriving their just pow legislation by the people of Texas by the referendum on the
initiative of the constitutional convention.
ers from the consent of the governed.”
And all of the State constitutions, almost without exception,
TENNESSEE.
1796: “ That all power is inherent in the people, and all free have been adopted by the act of the people who directly legis
governments are founded on their authority and instituted for lated in establishing these various State constitutions by the
their peace, safety, and happiness; for the advancement of those referendum.
And they amend all the constitutions in the same fashion—
ends they have at all times am unalienable and indefeasible
right to alter, reform, or abolish the government in such manner by direct legislation, almost without exception.
James Bryce, in his American Commonwealth (Morris Edi
as they may think proper.”
tion, 1006, p. 258), very properly says:
TEXAS (REPUBLIC).
The people frequently
by
a
1836: “All political power is inherent in the people, and all free stitution. The p r i n c ip l el e g i s l a t ep udliarre c t loyv e r e ienacting or altering he con
of po
s
g n t y could hardly
ex
governments are founded on their authority and instituted for pressed m o r e u n m is t a k a b l y . Allowing for the differences to which the
their benefit; and they have at all times an unalienable right to vast size of the country gives rise, the mass of citizens may be deemed
as
the supreme
alter their government in such manner as they may think at directly or Syracuse. power in the United States as the assembly was
Athens
proper.”
TEXAS (STATE).
Indeed, from the beginning of the history of the American
181/5: “ All political power is inherent in the people, and all people they exercised the right of direct legislation, and exer
free governments are founded on their authority and instituted cised it in the old town meetings of New England and county
for their benefit ; and they have at all times the unalienable right meetings in the South. The Massachusetts towns still govern
to alter, reform, or abolish their form of government in such themselves by exercising the right of direct legislation in their
town meetings, both the initiative and the referendum.
manner as they may think expedient.
And all the States of the Union from time to time have pro
UTAH.
vided for the exercise of the right of direct legislation by va
1895: “All political power is inherent in (he people, and free rious forms of local option.
governments are founded on their authority for all their pro
To deny the right of tlie people to legislate directly is to deny
tection and benefit; and they have the right to alter or reform the fundamental principles of every one of the 48 State con
their government as the public welfare may require.”
stitutions. The “ representative principle,” so called, is merely
VERMONT.
an incident of the delegation of legislative and ministerial
1777: “ That ftll power being originally inherent in, and conse power to “ representatives” as a matter of convenience. This
quently derived from, the people; therefore, all officers of gov grant of power to public servants does not, as some statesmen
ernment, whether legislative or executive, are their trustees and believe, establish public rulers whose right to rule can. not,
servants, and at all times accountable to them.
be questioned. The grant of legislative power by the people
*
#
$
❖
❖
❖
to a State legislature in no wise prevents the people from
“ * * * and that the community hath an indubitable, un exercising tlieir inalienable and indefeasible right of direct
alienable, and indefeasible right to reform, alter, or abolish legislation. The initiative and referendum is perfectly har
government in such manner as shall be, by that community, monious with the representative principle. In one case the
people legislate through their agents; in the other case they
judged most conducive to the public weal.”
legislate directly without agents.
VIRGINIA.
It does not overthrow the representative system of govern
1776: “ That all power is vested in, and consequently derived
ment; it perfects the representative system of government.
from, the people.”
Those who favor the initiative and referendum do not intend
WASHINGTON.
1889: “All political power is inherent in the people, and gov to impair the representative system. They are determined
ernments derive their just powers from the consent of the gov on the contrary to perfect the representative system, which is
erned, and are established to protect and maintain individual and always has been a mixture of the exercise by the people of
direct power, direct legislation, and of indirect legislation
rights.”
through representatives.
WEST VIRGINIA.
RECALL N NOVELTY.
O
1861-1863: “ The powers of government reside in all the citi
zens of the State, and cau be rightfully exercised only in ac
Even the right of recall is no novelty under the American
cordance with their will and appointment.”
system of government. Every one of the 13 Colonies—
-the State
WISCONSIN.
of New Hampshire, the State of Massachusetts Bay, the State
181/8: “All men are born equally free and independent and of Rhode Island and Providence Plantations, the State of New
have certain inherent rights; among these are life, liberty, and Jersey, the State of New York, the State of Connecticut, the
the pursuit of happiness; to secure these rights governments are State of Pennsylvania, the State of Delaware, the State of
instituted among men, deriving their just powers from the con Maryland, the State of Virginia, the State of North Carolina,
sent of the governed.”
the State of South Carolina, the State of Georgia, on the 24th
1913.
COXGBESSIOXAL RECORD— SENATE.
47 23
THE ATHENS AN ROM ARGUM
D
E
ENT.
day of July, 1778, solemnly agreed to the Articles of Confedera
tion of 1777, in Article V, to the right of recall, in which it was
Oh, but say these opponents of popular government, remember
expressly agreed that the various States should appoint delegates the overthrow of the direct democracy of Athens and Rome.
to meet in Congress on the first Monday in November of every
It is difficult to argue with entire patience with men of learn
year—
ing and intelligence who will offer as a reason against popular
W ith a power reserved to each State to r e c a ll its delegates, or any government the so-called direct democracy of Athens and of
of them, at any time within the year, and to send others in their stead
Rome. We might as well go to Athens and to Rome to get our ,t
for the remainder of the year.
instruction in the management of modern railways and in
DEM
OCRATIC CONSTITUTIONS EASILY AM
ENDABLE.
handling the telegraph and telephone.
Our State governments, while establishing the representative
Only one person in 400 could read in Athens and in Rome. :[!
principle as a matter of convenience, have nevertheless incor The people were divided into the very few intelligent and cul
porated in every instance the declared principle that all power tured and into the very, very many who were ignorant of letters
is vested in the people, and that they retain the right at any and of the art of government, five-sixths of whom were slaves
time to alter, amend, or abolish.
and the vast majority in hopeless poverty. They lacked the
All democratic constitutions are flexible and easy to amend. This spirit of liberty, and the father controlled by law the son and his
-P
follows from llie fact that in a government which the people really
control the constitution is merely the means of securing the supremacy family as long as the father lived, with power of life and death
of public opinion and not an instrument for thwarting it. * *
A and property.
government is democratic just in proportion as it responds to the will
It avails nothing to say that the populace of Athens had an
of the people; since one way to defeat the will of the people is to make
,, I
it difficult to alter the form of Government, it necessarily follows that appreciation of the beautiful forms of marble which their sculp!i:
any constitution which is democratic in spirit must yield readily to tors developed with great cleverness. The vital fact is that
changes in public opinion. (Spirit of American Government: Smith.)
they had no knowledge of government; that they had no means
The fact is that with the initiative and referendum the peo of public communication except by word of mouth; no knowl
ple merely propose to amend ilie law establishing the legisla edge of liberty as we know it; and were actually ruled by an
tures so as to give to the people the option to exercise the right intellectual, financial, and military aristocracy under the forms
of direct legislation where they may find it expedient and proper of a direct democracy.
To-day the great body of our citizens can read and write. M
to do so. All that is necessary is to enlarge the ordinary State
constitution so as to provide for the people the method of di To-day we have millions of books available and libraries every
rectly legislating by passing an initiated bill or vetoing a re where. To-day the most distant citizen can by the parcel post
ferred bill. The legislature got its power to legislate from receive for a trifling expense the last word upon organized gov- (i
the people and the people violate no principle by exercising ernment and the art of government. To-day we have the tele- f
directly tlie legislative power they possess, and which is inalien graph and the telephone binding the ends of the world together
and putting information with regard to government all over the
able and indefeasible.
In amending the State constitution so as to reserve to the world, its weakness and its strength, in the hands of every citi
people the power to initiate and pass a bill by direct vote, or zen who cares to know. To-day we have millions of men who
by the referendum to veto or affirm, as the case may be, an act do care to know, and who are interested in good government,
passed by the legislature, the people merely exercise their sov and who are determined to have good government and to over
ereign power in a moderate and restricted way, which they throw the rule of the self-seeking few and to terminate the
have found necessary after a hundred years of experience with commercial and financial piracy which has been dealing un
representatives in the legislature who have, particularly in this justly with the many for the benefit of the organized few. To- >
r
generation, too frequently failed to pass the laws the people day we have modern newspapers, a miracle in art and in de
want, and who have too frequently passed the laws which the sign, filled with news brought instantly by telegraph and tele
people do not want.
phone from the ends of the earth; filled with knowledge, litera- j
It is absurd to say that this Republic was founded on the ture, and art; filled with finance and commerce; filled with
“ representative principle.” This Republic was not founded on sport and lxumor and fun; filled with ten thousand times ten
the representative principle. It teas founded on the sovereign thousand wants and opportunities, which the poorest citizen 1,
right of the people to manage their own business (and not be can buy for one-hundredth part of his daily wage. Compare
managed by their servants), and it was for this reason that Athens and Rome of 2,000 years ago with Washington, Chicago,
every State constitution declared this fundamental principle or New Y ork!
that all political power was inherent in the people, and that as
Oh, no, Mr. President, the comparison can not he justly made;
sovereign they could at their pleasure alter, amend, or abolish and that the opponents of popular government should go so far
even the constitutions themselves. This was the great founda to find their argument against the rule of the people shows how '
tion stone, and this is the principle now being asserted by the poverty stricken and how poor and how mean are the fallacies 1
initiative and the referendum, to wit: The right of the people and pretexts upon which they rely.
to rule. This is the very meaning of the word “ democratic.”
INITIATIVE AN REFERENDUM JOKERS.
D
Demos kratein means “ the people have the right to rule.” It
Mr. President, there are six dangerous jokers which I wish
is the origin of the word “ democrat.” A democrat is a man
to call attention to and which the friends of popular govern- i
who believes in tlie right of the people to rule.
Aristocracy means the rule of the few, who consider them ment should beware of. .
Joker 1. Limiting the initiative to statute laws and pro- 1
selves the best.
liibiting the voters from proposing and adopting amendments to
Autocracy means the rule of a single person.
the State constitutions.
Plutocracy means the rule of money.
The ’ constitutional initiative is the most vital part of any
Democracy means the rule of the people.
Delegating power to public servants was not new. It was a amendment. For in tlie State constitutions are many jokers !
convenience and a mode of exercising popular sovereignty, not restraining popular government that need correction by constitu- (
tional amendment.
a means of destroying or of impairing it.
Joker 2. To require an improbable or impossible majority *
We established the system of delegating the legislative power
to representatives in our State constitutions, who should meet necessary to enact or reject measures submitted to the voters.
Every measure voted on should be decided by the majority | '
in legislative assembly and debate and discuss and frame wise
and virtuous laws drawn to pi’omote the general welfare. When of the votes cast thereon.
Joker 3. To require large petitions to render it difficult to se- i!
they are candidates they pledge their honor to the people to be
guided by the general welfare. They go to the assembly and cure them, no matter what per cent is required.
This is done by increasing the percentages beyond reason or !
lift their hands to Almighty God and solemnly swear to be faith
ful to the people, and then special interests come and bring to require a certain per cent of tlie legal voters of certain !
malign influences to bear upon the weakness of human nature counties.
The signature of any voter in the State should count regard- i
that lead the legislator away from the paths of public virtue
into passing laws against the general welfare, or in refusing to less of residence.
Joker 4. To so frame the emergency clause that the legisla- {
pass laws required by the general welfare. Representative gov
ernment is a convenience for the people. No progressive wants ture may annul the referendum whenever it chooses. The '
to interfere with it or to change it where it is faithful and per emergency should only be declared upon a tivo-tbirds majority
forms its proper duty) but when these representatives fail to of all members on a recorded vote, selling forth the reasons for
pass laws of vital importance, when they pass laws doing a the emergency.
gross wrong to the public interest, the time has come when the ■ Joker 5. To put an arbitrary limit upon the number of mens- j
people shall direct!v exercise so much of their legislative power ures which may be submitted to the people at any one election. ,
as they may find 'it necessary to exercise at their option in because the special interests can thus preclude submission of
passing the laws they do want and vetoing the laws they do not public measures by offering trivial measures in advance of the ;
public measure.
want.
OOXGEESSIOXA L E EOOE D— SEX A TB.
Joker 6. Failure to provide an adequate and efficient method
of informing tlie voters concerning the measures submitted to
them. The only safety for (lie political machine is to keep the
people in ignorance. The Oregon publicity pamphlet informs
the people. Insist on the publicity pamphlet.
I submit herewith a model constitutional amendment for the
initiative and referendum, free from .jokers, and self-executing:
PROPOSED CONSTITUTIONAL AMENDMENT FOR THE INITIATIVE AND REFER
ENDUM
.
March
3,
tions. occurring not less than four months after the petition is filed,
except when the legislative assembly or the governor shall order a
special election, but counties, cities, and towns may provide for special
elections on local matters.
Any measure initiated by the people, or
referred to the people as herein provided, shall take effect and become
law if it is approved by a majority of the votes cast thereon and not
otherwise.
Every such measure shall take effect 30 days after the
election at which it is approved. The style of all bills shall be : “ B e it.
en a cted
by
th e
p eo p le
of
(n a m e
of
S ta te ,
m u n ic i p a l it y ,
or
c o u n t y ) .'’
This section shall not be construed to deprive any member of the legis
lative assembly or of a city council of the right to introduce any meas
ure. The whole number of electors who voted for governor at tlie regu
lar election last preceding the filing of any petition for the initiative or
for the referendum shall be the basis on which the number of registered
voters necessary to sign such petition shall be computed. Petitions and
orders for the initiative and for the referendum shall bo filed with the
secretary of state or in municipal or local elections with the county or
city clerk or such other officer as may be provided by law.
In sub
mitting the same to the people he and all other officers shall be guided
by the general laws until additional legislation shall be especially pro
vided therefor. This amendment shall be self-executing, but the legis
lature may enact laws facilitating its operation. All proposed measures
submitted to the people shall be printed in pamphlet form, together
with arguments for and against, as may be provided for by law. and
mailed by the secretary of state to the electors at least 50 days before
the election at which they are to be voted.
The legislative authority of this State shall be vested iu a legisla
tive assembly consisting of a senate and house of representatives, but
the people reserve to themselves the power to propose legislative meas
ures, resolutions, laws, and amendments to the constitution, and to
enact or reject the same at the polls, independent of the legislative
assembly, and also reserve power, at their own option, to approve or
reject at the polls any act, item, section, or any part of any resolution,
act, or measure passed by the legislative assembly.
The first power reserved by the people is the initiative, and not
more than 8 per cent, nor in any case more than 50,000, of the legal
voters shall be required to propose any measure by initiative petition,
and every such petition shall include the full text of the measure so
proposed.
Initiative petitions, except for municipal and wholly local
legislation, shall be filed with the secretary of state not iess than four
months before the election at which they are to be voted upon.
If
OBJECTIONS TO THE INITIATIVE AND REFERENDUM.
conflicting measures submitted to the people shall be approved by a
majority of the votes severally cast for and against the same, the one
Mr. President, what are the objections to the initiative and
receiving the highest number of affirmative votes shall thereby become
law as to all conflicting provisions.
Proposed amendments to the referendum ?
constitution shall in all cases be submitted to the people for approval
First, it has been objected that it was contrary to the soor rejection.
called “ representative ” principle of the Constitution. This
The initiative is also reserved as follo w s: If at any time, not less
(Exhibit IS.)
than 10 days prior to the convening of the general assembly, there shall objection I have abundantly answered.
be filed with the secretary of state an initiative petition for any meas
Second, that (he people are not capable of direct legislation.
ure signed by 1 per cent, nor in any case more than 5,000 legal voters,
The contrary has been abundantly shown by the experiences
the secretary of state shall transmit certified copies thereof to the house
in all of the States and countries which have put it into effect.
of representatives and to the senate immediately upon organization. If
said measure shall be enacted, either as petitioned for or in an amended
Third, that representative democracy is better than direct
form, it shall be subject to referendum petition as other measures. If democracy. The answer to this is that there is no such issue,
it shall be enacted in an amended form, or if no action is taken thereon
within four months from the convening of the general assembly, it shall since the optional initiative and referendum in nowise inter
be submitted by the secretary of state to the people at the next regular feres with representative democracy.
general election, p r o v i d e d such submission shall be demanded by sup
Fourth, that the initiative and referendum would destroy de
plementary initiative petition signed by 4 per cent, nor in any case
more than .•10,000, legal voters and filed not less than four months be liberation, debate, and result in hasty legislation. The fact is
fore such election. Such proposed measure shall be submitted either as an initiated bill is usually drawn by a group of patriotic citi
introduced or with the amendments, or in any amended form which may zens, who prepare the bill with infinite pains, consulting the best
have been proposed in the general assembly, as may be demanded in
such supplemental petition. If such measure so submitted be approved experts in the State, and only present it to the State after it
It appears in (lie public
by the electors, it shall be law and go into effect, and any amended has been thoroughly considered.
form of such measure which may have been passed by the general as prints; it is discussed by the citizens from one end of the State
sembly shall thereby stand repealed.
to the other; it is presented, to each citizen of the State in a
The second power is the referendum, and it may be ordered either
by pet ition signed by the required percentage of the legal voters or by publicity pamphlet, giving the arguments for and against it,
the legislative assembly as other bills are enacted. Not more than 5 and a sufficient length of time before the election, that each
per cent, nor in any case more than 30,000 legal voters, shall be re
quired to sign and make a valid referendum petition. Only signatures citizen can thoroughly understand it; and then each citizen in
of legal voters whose names are on the registration books and records the State, iu the quiet and seclusion of the ballot box, expresses
shall'be counted on initiative and on referendum petitions.
his opinion with regard to it, without excitement and without
If it shall be necessary for the immediate preservation of the public
peace, health, or safety that a measure shall become effective without passion and with the utmost deliberation.
In Congress we pass volumes of bills. Is it incredible that
delay,’ such necessity shall be stated in one section, and if, by separate
vote of yeas and nays, three-fourths of all the members shall vote on the citizens who have the intelligence to select Senators and
a separate roll call in favor of the measure going into instant opera
tion, because it is necessary for the immediate preservation of the Presidents should also have (lie intelligence to pass one bill, or
public peace, health, or safety, such measure shall become operative even two or three bills?
upon being filed in the office of the secretary of state or city clerk as
I have heard of hasty legislation by representatives, without
the case may be : P r o v i d e d . That an emergency shall not be declared on
any measure creating or abolishing any office or to change the salary, much debate in legislatures, and sometimes in a conference
term, or duties of any officer or granting any franchise or act alienating committee important legislation has been put on a tariff bill
any property of the State. If a referendum petition shall be filed against by misrepresentafives at the instance of private interests and
an emergency measure such measure shall become a law until it is voted
upon by the people and if it is then rejected by a majority of those vot against the general welfare in great haste and without debate.
Such hasty laws under a referendum could be vetoed by the
ing upon the question such measure shall be thereby repealed.
No
statute, ordinance, or resolution approved by vote of the people shall be people and ought to be vetoed.
amended or repealed by the legislative assembly or any city council
THE PEOPLE WILL NOT VOTE FALLACY.
except by three-fourths vote of all the members taken by yeas and nays.
The provisions of this section apply to city councils.
The crowning charge against the initiative and referendum
The initiative and referendum powers of the people are hereby fur
ther reserved to the legal voters of each municipality and district as to by the former Senator from Texas is that only a small per cent
all local, special, and municipal legislation of every character in and of the people will vote, and liis data is based on tlie cases of
for their respective municipalities and districts. Every extension, en
In Oklahoma the percentages have
largement, purchase, grant, or conveyance of a franchise or of any compulsory referendum.
rights, property, easement, lease, or occupation of or in any road, street,
run from 54 to 100 per cent of the citizens voting. In Maine it
alley, or park, or any part thereof, or in any real property, or interest has run from 50 to 100 per cent. In Missouri, from 71 per cent
in any real property owned by a municipal corporation, whether the
same be made by statute, ordinance, resolution, or otherwise, shall be to 95 per cent; in Arkansas, from 75 per cent to 90 per cent;
subject to referendum by petition. In the case of laws chiefly of local in Montana, from 72 per cent to SO per cent; in Oregon it has
interest, whether submitted by initiative or referendum petition or by run from 61 per cent up to 90 per cent; in South Dakota, from
the legislative assembly, shall be voted upon and approved or rejected
only by the people of the locality chiefly interested, except when the 57 per cent to 92 per cent.
legislative assembly shall order the measure submitted to the people of
Those who do not vote on these questions of public policy
the State. Cities and towns may provide for the manner of exercising submitted by the initiative and referendum are those citizens
initiative and referendum powers as to their municipal legislation sub
ject to the general laws of the State. Not more than 10 per cent of who are ignorant or indifferent to such questions of public
the legal voters may be required to order the referendum nor more than policy, and who voluntarily disfranchise themselves, leaving (lie
1 3 per cent to propose any measure by the initiative in any city, town,
more intelligent and more interested citizens to decide these
or local subdivision of the State.
The filing of a referendum petition against one or more items, sec questions. This voluntary disfranchisement of the unfit is of
tions, or parts of any act, legislative measure, resolution, or ordinance public benefit.
shall not delay the remainder of the measure from becoming operative.
But, Mr. President, out of 187 yea-and-nay votes in the Senate
Referendum petitions against measures passed by the legislative assem
bly shall be filed with the secretary of state not later than 90 days previous to the retirement of the Senator he himself appears
r he
T
after the final adjournment of the session of the legislative assembly only to have voted 18 times, or less than 10 per cent.
at which the measure on which the referendum is demanded was passed, people appear to be from 500 to 900 per cent better than this
except when the legislative assembly shall adjourn at any time temnorarily for a period longer than 90 days, in which case such refer record, and are otherwise not justly subject to his criticism.
I submit an Exhibit A to my remarks upon this question
endum ’ petitions shall be filed not later than 90 days after such tem
porary- adjournment. The veto power of the governor or the mayor shall
giving in detail the percentages of votes in various States and
not extend to measures initiated by or referred to the people. All
elections on general, local, and special measures referred to the people the principles governing the initiative and referendum and ask
^
of tho State or of any locality shall be had at the regular general elec that it be printed as a Senate document.
COX<tRessiona l recor d — s e n a t e .
Mr. President, the restoration of popular government is ab
solutely essential to the welfare and happiness of the Ameri
can people. The time has come when we must terminate the
gross abuses of machine politics, when we must purify our
governmental processes and establish the best form of govern
ment of which the American intelligence and conscience is
capable. The people’s rule system of government is not, or
should not be. a partisan question. This issue of the people’s
rule goes to ilie root of all other questions because all modern
questions practically comprise some form in which the rights,
the interests, the health, and the happiness of the people is
interfered with by the special interests seeking profit or promo
tion through the machine method of government. It is abso
lutely essential for the people to announce a new Declaration of
Independence, freedom from the rule of the few, freedom from
the rule of the special interests, freedom from the machine poli
ticians who are in alliance with the special interests which have
1terverted the great Republic from its noblest ideals to sordid
and sellisli ends. In the words of tliejinmortal Lincoln:
4725
plicated, than to pass upon a complicated man and what he will
do under the influence of the lobby.
It is objected that it is impracticable. This objection is
based upon unadulterated ignorance.
It is objected we should "elect better men.” We have tried
this game long enough. It has failed. The system under which
the “ big stick ” hangs over the “ representative man ” will
make him better, it makes an unfaithful servant powerless,
and this is the man we are after.
It is objected that direct legislation will destroy representa
tive government. This is purely imaginary. It will perfect
representative government and make the representative per
form his duty or enable the people to correct his sins of omis
sion or his sins of commission.
To accomplish integrity of government and perfect the sys
tem of popular government, we need—
First. An adequate registration system to register all entitled
to vote, so that no person not entitled shall be registered, and
open at all times to public examination.
Second. .1 secret ballot—Australian system—under which the
It is for tts, the living, to highly resolve that this Nation, under God,
shall have a new birth o f freedom, and that government o f the people, financial and commercial bullies can not coerce or bribe the
by tile people, and for the people shall not perish from the earth.
weak citizen whose bread and butter they control.
TIIE BEASONS IX-BRIEF JUSTIFYING DIRECT LEGISLATION.
Third. A direct mandatory primary, by which the voters can
The reasons in brief which justify direct legislation have been select their candidates regardless of the political machine.
Fourth. A statute preventing corrupt practices, directly lim
perhaps best stated by Prof. Frank Parsons in 1900, since de
ceased. Prof. Parsons was a great publicist, with no ax to iting (he use of money, preventing bribery, coercion, and fraud,
grind, no political ambition, and no other purpose than to serve requiring publicity of campaign contributions, and giving the
voter peace and absolute security from pressure on election day.
God and mankind “ in spirit and in truth.”
Direct legislation—that is, direct legible (ion by tlie optional • Fifth. A constitutional amendment for the initiative and r e f
erendum for every State, and statutes vitalizing the same so
initiative and referendum.
that the people can amend their State constitution when they
1. Is essential to self-government.
like and can enact any laws they do want or veto any laws they
2. Destroys the private monopoly of lawmakers.
3. Is a common-sense application of the established principles do not want, in spite of the machine or the influence of political
mercenaries.
of agency.
Sixth. A statute proriding publicity pamphlets, giving each
4. Will perfect the representative system.
citizen before election time full information and arguments for
5. Is immediately and easily practicable.
and against all public measures and for and against all public
6. Makes for political purity.
candidates.
7. Kills the lobby.
3.
Makes it useless to bribe legislators because they can not Seventh. .1 statute providing for the recall, by which the
deliver the goods.
people can nominate a successor to an incompetent, unfaithful,
!). Attracts better men to political life.
or obnoxious public servant.
Eighth. Local self-government for cities and towns by com
10. Simplifies elections.
mission, with the initiative, referendum, and recall.
11. Simplifies the law.
Ninth. The short ballot, with preferential provisions, by which
12. Lessens the power of partisanship.
the votes of unorganized citizens may be automatically cohered.
13. Elevates the press and the people.
Tenth. The direct election of Untied States Senators.
14. Stops class legislation.
Eleventh. The direct nomination of presidential candidates.
15. Opens the door of progress.
These are the chief agencies by which we shall restore the
16. Is wisely conservative.
integrity and the efficiency of our Government, and of these
17. Works an automatic disfranchisement of the unfit.
agencies “ the initiative and the referendum" arc first, because
IS. Tends to stability.
they open the door to all the others.
19. 7s a safety valve for discontent.
Mr. President, in my judgment the Senate of the United
20. Is in line with the general trend of modern political his
States should throw the weight of its influence in favor of the
tory throughout the world.
initiative and referendum and not against it. I therefore offer
I might add to these reasons—
21. Causes public servants to do their utmost to serve the a substitute for Senate resolution 413. Strike out all after the
public interest, knowing that the power of the people is over resolving clause in Senate resolution 413 and insert the follow
ing :
them directly.
That the system of direct legislation, such as the optional initiative
22. it thus enthrones righteousness and the general welfare
and referendum adopted by Oklahoma, Oregon, California, Washington,
by giving sovereign power to the intelligence and conscience Arizona, Utah, Colorado, Montana, North Dakota, South Dakota, Mis
of the Nation.
souri, Arkansas, Nebraska, Wisconsin, Ohio, and Maine, is in harmony
23. It tends powerfully to educate the people on questions of with and makes more effective the representative system and the prin
ciple of the sovereignly of the people upon which this Republic was
public policy and increases the general intelligence.
founded, and is not in conflict with the republican form of government
24. It will enable the people to pass a thoroughgoing corrupt- guaranteed by the Constitution.
practices act, a mandatory direct primary, and other progres
I :isk to have printed as Senate documents two exhibits,
sive statutes necessary to establish the people's rule, which a “A ” and “ 11,” to my remarks.
machine-controlled legislature otherwise can and will prevent.
The PRESIDING OFFICER (Mr. F a l l in the chair). With
THE OBJECTIONS TO THE INITIATIVE AND REFERENDUM
out objection, it is so ordered.
Are imaginary or based ou erroneous information. Under
the initiative and referendum only a few {not many, a subjected)
E X H IB IT A.
important laws would he referred to the people or initiated by
!
The I nitiative and Referendum Simplified.
the people.
The initiative and referendum is not hasty, without delibera
It is possible tbat_ tlie words i n i t i a t i v e and r e f e r e n d u m may still
tion or by impulse, as objected, but the most deliberate of all leg sound strange and difficult to some. If so, we wish to make their'mean
ing so plain right here in the beginning that they will hereafter be
islative processes, usually taking about two years.
a inon the simplest and most familiar words in the vocabulary of every
It is objected that from 20 to ’,0 per cent of the people do man, woman, and child above 12 years old.
not vote on initiated measures. This only means that the ig
THE REFERENDUM.
norant or indifferent voter voluntarily disfranchises himself,
Let us begin with the r e f e r e n d u m : It simply means a r e f e r e n c e . When
leaving the questions of public policy to he decided by more in a question is r e f e r r e d to the people, that is a r e f e r e n d u m . All consti
tutional amendments, except in the State of Delaware, are and always
telligent and interested voters.
to a direct v o ; that
is a
It is objected that the voters can not pass on complicated have been r e f e r r e d we have alwaystehad in is, to the voters. That it is
referendum which
the various States. So
laws. The answer to this is that, complicated or not. the people no new thing, and the word itself in this connection is already familiar
well know the difference between honest and dishonest laws, to you. But we want to make the referendum apply to acts of (be leg
a
demand it. T
between just and unjust laws, .and when they have the power islature wheneveryou reasonable number of voters nowadays, andh i s is the
referendum that
are hearing about so much
many of
to kill the latter no more of them are apt to he made. Moreover, the States now have it and the rest of the Stales are in process of .wt it is easier to pass upon a law in black and white, even if com ting it. When questionable laws passed by the legislature can ' re-
COXGil ESSIOXAL RECORD— SEXATE.
ferred to the voters, these laws can thus be s t o p p e d . And this is the
purpose of the referendum : To s t o p bu d lin e s. The purpose is to amend
tae State constitution to the effect that no laws passed by the legisla
ture (except emergency measures, which shall be specially provided for)
shall go into effect until 00 days after adjournment of the legislature.
If within said 90 days, the necessary number of voters petition for a
referendum on any law. laws, or part or parts of a law passed by said
legislature, then said law. laws, or part or parts of a law will be sus
pended until voted on by the voters at the next State election: and the
fate of said measures is decided by the vote t h e r e o n at said State elec
tion. In this way bad laws may be v e t o e d by the voters, and the refer
endum is sometimes called the p e o p l e 's v e t o . It is entirely negative in its
action.
It is used to s t o p b a d la ic s.
But this is a very important
tiling, as politicians find it useless to make bad laws— laws unjust to
the masses of the people— when the voters have it in their power to
veto them.
The 1012 edition of Webster's New International Dictionary, page
1792. defines referendum as fo llo w s:
“ 1. The principle or practice of referring measures passed upon by
the legislative bodv to the body of voters, or electorate, for approval or
rejection, as in the" Swiss Cantons (except Freiburg) and in various local
governments in the United States, and also in the local-option laws,
e t c .; also, the right to so approve or reject laws or the vote by which
this is done. R e f e r e n d u m is distinguished from the m a n d a t e , or instruc
tion of representatives by ihe people, from d i r e c t g o v e r n m e n t by the peo
ple, in which they initiate and make the laws by direct action without
representation, and from a p l e b i s c i t e , or popular vote taken on any
measure proposed by a person or body having the initiative but not con
stituting a representative or constituent body.”
W hat is meant by the referendum as used in this book is a referen
dum a t t h e d e m a n d o f t h e v o t e r s , as distinguished from the reference
of constitutional amendments to the voters by legislators, or from
the French “ plebiscite.” which is a reference at the option of some
governing authority. The voters of this country elect their legislators :
that is, their agents or representatives.
Then why should they not
reserve to themselves the privilege of demanding a reference to them
selves of any unsatisfactory acts of their agents') A business man has
constant control of his agents. We are not free as long as we give our
agents unlimited control of our affairs.
The argument that “ we
elected them, and if they are not satisfactory they can be defeated and
better ones chosen next time,” is not satisfactory. During their term
of office they can do— and many legislative bodies have done— incalcu
lable damage and incur irretrievable loss, which could have been pre
vented by the referendum.
The referendum is merely a method by
which the people may control their agents.
referendum not used on all laws , but only on demand.
Do n o t get the idea that it is proposed that e v e r y law must be re
ferred to the voters. Many otherwise intelligent public men expose a
strange lack of information by urging this as an objection to the ref
erendum. The great mass of laws are fairly good and deserve to stand.
The referendum applies only to laws upon which a referendum is legally
demanded by the required number of petitioners within the specified
time after adjournment of the legislative body.
If the legislature
faithfully and truly represents the electorate, no referendum will be
demanded. The referendum is only a corrective to misrepresentation.
NOT OFTOSED TO REPRESENTATIVE GOVERNMENT.
And do not get the idea that the referendum movement is a move
ment a g a in s t representative government. It is not. We shall always
need legislative bodies. But these bodies must realize that they are
r e p r e s e n t a t i v e , and they must truly represent.
These bodies will never
have anything to fear from the referendum so long as they truly repre
sent their constituents.
And no representative body can reasonably
complain of the ultimate control of public affairs being lodged with the
people.
'
DOES NOT EXCLUDE EXPERTS.
It is sometimes urged against the referendum that it takes govern
ment out of the hands of experts. That is not true. Expert service is
needed in the administrative departments of government, where the
referendum does not apply. Everybody knows that the average legis
lator, councilman, or alderman is far from being an “ expert in gov
ernment.” All we expect of him is honesty and good judgment, with
reasonable efforts to prepare himself for his duties.
He can, should,
and does call expert service to his assistance when needed, and the
tendency is to do this more and more. And sometimes a real expert
becomes a member of a legislative body, and sometimes a faithful
legislator is kept in office.
The expert and expert service have been
sadly neglected in legislation in the past. The possibility of a demand
for reference to the voters of legislation of doubtful quality or char
acter will stimulate legislators to make their work above question, and
they can do this best by calling expert service to their aid.
INSURES JUST LAWS.
The establishment of just relations among the different
and classes of individuals is one of the chief objects of
The referendum directly fosters this object, as a manifestly
will be challenged and brought to the bar of judgment of
and defeated.
individuals
legislation.
unjust law
the voters
STOPS CORRUPT LAWS.
One of the chief arguments in favor of the referendum is that cor
rupt legislation may thus be defeated; and when corrupt politicians
learn that they can not “ deliver the goods ” they will stop passing
corrupt laws. This alone is sufficient reason to put the referendum
Into every State constitution.
BRINGS THE PEOrLB AND LEGISLATURES INTO PARTNERSHIP RELATIONS.
But perhaps the chief benefits of the referendum come from the fact
that it establishes new relations between legislatures and the people
whom they represent. The people become interested in and watchful
of the acts of the legislature, which becomes worth while, because the
referendum gives them p o i c e r over these acts. Here is introduced among
the people a new stimulus, a new interest in public affairs. The value
to a community or State of this new spirit is beyond calculation. And
the effect on legislative bodies is equally stimulating. "They are spurred
to their best work, and their responsiveness to the needs and wishes of
the people is greatly increased.
LIKE THE GUN BEHIND THE D O
O R.
This is a simple statement of what the referendum is. Remember,
it is only a negative device. It is not constructive, excepting that the
prevention oi' bad legislation encourages good legislation.
Its chief
M arch ?>,
value is In prevention, for it has been found that the menace of a
referendum has prevented many a corrupt deal in States where the
referendum exists. The presence of a policeman with his club is usually
sufficient to maintain peace without, actual use o f the club
Woodrow
Wilson cleverly compares the initiative and referendum to the gun be
hind the door.
When it is known tiiat the gun is there constantly
ready for use its actual use is seldom required.
It may be useful,
though never used. Theodore Roosevelt would probably compare them
to a powerful navy, the mere existence of which, with possibly an occa
sional display and demonstration, like sending our naval licet around
the world, is a strong influence for peace without firing a single gun.
So the existence of the referendum in the constitution is a powerful in
fluence for honest and high-class legislation. Thus the position of legis
lator will become one of greater usefulness and honor.
THE INITIATIVE.
If the word i n i t i a t i v e sounds a little strange or difficult to you, it
will not when you realize that it simply means to i n i t i a t e or s t a r t
something. 'The Standard Dictionary defines the “ initiative ” as fo l
lows :
• Initiative, n. 1. An introductory step or action; a first m ove; lie‘
ginning; s ta r t; lead ; as, an i n i t i a t i v e toward good; he took the i n i t i a
tiv e.
2. The power of initiating; ability to originate or s ta r t; spe
cifically. the right to propose legislative p rojects; as, in the United
States the i n i t i a t i v e in legislation for raising revenue belongs to the
House of Representatives.” *
It works in this w a y : Suppose the legislature fails or refuses to pass
a law that the people want.
In the States which have the initiative
a given number of voters can i n i t i a t e or s t a r t the law desired and have
it referred to a direct vote at the next State election, and if a majority
of votes t h e r e o n are favorable, the measure becomes a law. That is
plain and simple, isn’t it?
And it is just, and every State should
have it, in order to s t a r t g o o d la ics.
THE STATUTORY AN CONSTITUTIONAL INITIATIVE.
D
There are two kinds of initiative— one for constitutional amendments
and one for statutes or laws. The Constitution is often referred to as
the f u n d a m e n ta l law, while ordinary laws arc called statutes or statute
laws in distinction from the fundamental law or Constitution. The d if
ference between them is that statutes have heretofore been made only
by legislatures, while constitutions and constitutional amendments have
always been given their authority, except in Delaware, by a direct vote
of the people. Legislatures can change or repeal laws, but only the peo
ple, by direct vote of the voters, can change a constitution.
'Thus you see the difference between the statutory initiative and the
constitutional initiative. We have said above that the use of the initia
tive is to s t a r t good, l a w s , or laws desired by the people when the legis
lature fails to supply them. In the same way with the constitutional
initialive the voteis can s t a r t g o o d c o n s t i t u t i o n a l a m e n d m e n t s when the
legislature fails to start them. I f the voters can a d o p t constitutions
and consitutional amendments (and this they have always done, except
in Delaware), they should certainly have the right to s t a r t constitu
tional amendments.
Both the constitutional and statutory initiatives are operated in the
same way, a very simple way, as you will see later, and it is important
that an initiative and referendum amendment shall simply specify that
the initiative shall apply to both statutes and constitutional amend
ments.
Some may ask here: “ How about the constitutional referen
d um ?”
We have always had the constitutional referendum— that is,
constitutional amendments have always been referred to the people, and
this is an obligatory referendum; that is, legislatures are o b lig e d to
refer a ll constitutional amendments to the people.
W hat we want is
the s t a t u t o r y referendum— that is. the reference to the people of stat
utes passed by the legislature.
But wo do not want the obligatory
form— that is, we do not want to'refer a ll statutes to the people, but
only such statutes as a certain number of voters may legally petition
to a referendum.
W ith the initiative to s t a r t g o o d la w s a n d c o n s t i t u t i o n a l a m e n d m e n t s .
and the referendum to s t o p ba d l a w s , the power of the people is greatly
strengthened.
DIRECT LEGISLATION.
The initiative and referendum taken together are frequently called
d i r e c t l e g i s l a t i o n , because they furnish the means for the people to
legist He for themselves directly when the legislature does not properly
represent them.
Direct action by the people has been in vogue since earliest times in
this country in the town meetings of the Now England towns, and pub
lic affairs are still managed in this way in many of these towns. A t
these meetings some one makes a motion. 'That is the i n i t i a t i v e . 'Then
the motion is referred to a vote of the meeting. That is the r e f e r e n
dum .
This is done in all sorts of meetings and governing bodies. The
practice is well established everywhere.
Doing the same thing on a
large scale on paper does not change the process nor make it less de
sirable. We see that there is nothing new nor strange about the initia
tive and referendum. But we can no longer be confined to town meet
ings in the use of these direct powers.
We have learned that these
powers can be used conveniently and effectively in State-wide matters
as well as in local m atters; they are now in effective use in a number
of the States, and the people of all the States are learning this fact and
demanding the same privilege.
A F e w Q u e st io n s A n sw e r e d .
Why
s h o u l d ic e h a v e t h e i n i t i a t i v e a n d r e f e r e n d u m ?
s e l f -g o v e r n m e n t a l r e a d y in th i s g r e a t f r e e c o u n t r y ?
H ave
ic e
not
N o ; we have not self-government. Election day is our only free day
And on that day we are free only to choose our rulers for another
“ term.” A man who has not control of his affairs is not a free man
If he yields complete control of his affairs to an agent for a term of
years, he is not free during that time. No man of sound mind does this
Every sane employer retains control of his agents. But our communi
ties, our States, and our Nation place absolute control of public affairs
into the hands of elected officers for terms of years. Hence we are not
a free people. Wo have not self-government. The essence of govern
ment is c o n t r o l ; and when the people have not final control they are not
free and they do not govern.
The choosing of rulers is not freedom. The selection of a governor
is not governing. The choosing of a captain is not commanding. Onlv
the control of public affairs is political freedom. 'The choosing of legis
lators is not making laws. And unless the people reserve to themselves
the right to reject a law passed by legislators and to start desired laws
and constitutional amendments which legislatures neglect or refuse to
pass, we are in bondage to our elected so-called “ representatives.”
1913.
COX G ESSION AL RECORD— SEN A TE.
rK
An apprentice may choose his master, to he bound to him for a term
of years, but he is no more free under a self-chosen master than he
would l)e under a master chosen for him. A people may elect their
rulers and yet live under an absolute despotism. This was true in old
Home, and it is still true among certain tribes in Africa and Asia, who
elect their chiefs, but who must implicitly obey the chiefs after election.
Napoleon was elected to his imperial power.
H o w s h a ll t h e p e o p le b e c o m e r e a ll y f r e e a n d s e l f -g o v e r n i n g ?
Simply by putting their will in control of public affairs, for sov
ereignty is determined by c o n tr o l. We do not wish to abolish legisla
tures. We simply wish to put the people's will in c o n tr o l, so that legis
latures will be the servants of the people and not their masters.
H o w s h a ll ic c d o t h i s ?
By means of direct action when required-— direct legislation by
of the initiative and referendum. And the process is very simple,
shall see. We here are considering only legislative matters, It
comes to controlling executive officers the recall comes into play,
will be treated further on.
means
as we
hen it
which
WIIAT DIRECT LEGISLATION IS N
OT.
4727
Ne\v °En gi ande rs’ s a j s f ” ’ ° f J
?arvai'd UuivolsitJ writing of the early
’“ And it is clear tliat nothing was further from their minds than that
the will of representatives should prevail over the will of the peonle
some modern officeholders to the contrary notwithstanding”
1 1 ’
c « f w England town meeting presents a form of local government
W n l0
™e-I m the ,°iu’ y
which has survived until the present day,
people0 lC 0< g ,< the control ot public affairs directly in the hands of the
<1
“ V1 a, New England town any 10 voters can bring a question before
- . P e o p l e lor decision— a petition signed by 10 voters puts the matter
1 1 ,,!;he warrant to be acted on at town meeting.” — P a r s o n s
1
thp
J he* il3itiative- Every town, city, and State should have it.
hnnthei. of petitioners required increasing reasonably, according to
in*1011 of the city or State. The referendum occurs at the next
S
1
]lee, in5- jnst as it occurs at the next election in cities and
States which have the initiative and referendum.
Objections A nswered.
a i-T,!!qpu' 'ln C
t he initiative and referendum are mostly imaginary
oi based on cuoneous information or lack of information. For example :
And please do not confuse direct legislation by means of the initiative
and referendum with anything else. It is sometimes called pure democ
ONLY A FEW LAWS ARE REFERRED.
racy, and it is almost that. But pure democracy involves the personal
^.tchigent men still think that the referendum
presence of the voter and his action on every measure, as in the New means that every law will have to be referred to the people. Our legisEngland town meetings and the Swiss Eandsgemeinde, where the voters
from^OO t o * ■n ou^ a, frightful grist of laws every year, amounting to
are congregated together and act on all measures. In the workings ot
the initiative and referendum, as ive shall sec, there is no congregating
of the voters, and only a comparatively few measures are voted on
directly by the voters. All the virtues of pure democracy are retained,
without the inconvenience of massing the voters all in one place, and
the advantage of special service by selected representatives is retained,
but their power is controlled by the will of the people.
It is very different from the “ ancient democracies of Greece and
Home,” in which the masses were in slavery and in which legislative
bodies were entirely absent.
,
, , „
tilat :l vcr- sma11 percentage of the laws passed are
v
It is not “ destructive of representative government.
All the virtues brought to a referendum, but the fact that objectionable laws m a n be
and advantages of special service by selected representatives are re brought to a referendum is a strong deterrent to the passage of objec
tained, only the representatives are under the c o n tr o l ot the wishes or tionable laws. This silent influence is, perhaps, the largest value of the
the people. This makes the representative system more truly representa referendum.
tive.
MOST DELIBERATE OF OU GOVERNM
R
ENTAL PROCESSES.
t
It is not “ mob rule.” Mobs act by sudden impulse, and usually with2. Some of our prominent statesmen, whose minds are cast in last
out order, and always illegally. The initiative and referendum act more
wly and deliberately than any other of our . .
processes of government. century’s mold, say that the initiative and referendum are hasty in their
_______ ___________ ______
,
slow.., ___—
and without excitement or disorder, and always in a legal manner at action ; beget action “ in the passion of the hour ” ; “ in sudden emotion ”
etc., and thereby “ stir the passions of the mob,” producing a condition
the ballot box, after full discussion and mature deliberation.
of “ mob rule,” “ mobocracy.”
NOT AN ECONOM NOR A POLITICAL QUESTION.
IC
Nothing is further from the truth. Action by means of the initiative
Direct legislation, by means of Hie initiative and referendum, has not and referendum is many times slower and more deliberate than our cen
even the most distant relation to socialism, anarchy, single-tax, nor any tury-old custom of electing candidates. For the latter we have rallies
other economic or political question. It is not an economic nor a politi torchlight processions, bands, barbecues, and all kinds of excitement’
cal question at all. It is merely a p r o c e s s of making known the will of Not so with the initiative and referendum. Referendum measures are
the voters. Its advocates are found in every party, and they hold the carried over from the adjournment of one legislature to the election of
the next— usually nearly two years. Any “ passion of the hour” about
most varied and contradictory theories and beliefs regarding taxation,
tariff, temperance, trusts, and all other economic and political questions. that? Initiated measures arc frequently more deliberate than that, but
They unite only in the belief that the people should have a w a y to they m u s t he in the hands of the secretary of state four months before
the election at which they are to be voted on, with the petitions and
express and enforce their will in government. And this is a platform
everything complete, to be then officially published to the voters, but
upon which all can and should unite.
they have usually received much publicity long before. Four months is
In short, the initiative and referendum simply provide the m e a n s
about the time we usually give to our presidential campaigns, and our
f o r d o in g what the majority of the voters want done.
State and local campaigns are usually much shorter. So again, we see
SIMPLY THIS.
that we are on the side of deliberation instead of haste, and the furthest
Its workings arc so simple that a child can understand. Here is the possible from “ mob rule.”
whole matter in the fewest possible words : A legislature has been in ses
WEEDS OUT THE IGNORANT VOTER UNTIL HE BECOM INTELLIGENT.
ES
sion for several months and adjourns. If, within 90 days after adjourn
3. Some urge as an objection that many voters who take the time and
ment, a referendum is demanded on one or more laws passed during said trouble to vote for candidates, do not vote at all on measures. Yes. it
session by the required number of petitioners, then said law or laws is true that on an average of about 25 per cent of the voters who vote
do not go into effect, but are suspended until voted on at the next State for candidates do not vote either for or against measures which are
election, which is usually about a year and a half off. If a majority of submitted at the same time. This is simply a process of self-disfranvotes on said law are negative, the law is v e t o e d by the voters; but if a cliisement to that extent, and it is very desirable, for it weeds out the
majority of votes are affirmative, the law goes into effect. And if the ignorant and indifferent, and leaves such questions to be decided by the
legislature shall have neglected to sense the will of the people or refused intelligent and interested citizens. Instead of an objection, this is one
to pass a measure evidently desired, the people may act for themselves of the very valuable features of the action of the initiative and refer
by means of the initiative in this way : An individual, organization, or endum. No fear of the ignorant negro vote nor of the ignorant foreign
group has a bill drawn which it is thought will meet the popular wishes.
vote. These factors will count only when they develop sufficient inter
If this bill is petitioned for by the required number of voters, and legally est and intelligence to vote on measures submitted.
presented to the secretary of stftte four months before the next State
DISCOURAGES COMPLICATED LAWS.
elect ion, he must publish’ the bill and place a descriptive title of it on
4. It is sometimes urged that the voters are “ not fit ” to vote on
the ballot, and if a majority of the votes thereon are favorable, the bill
becomes a la w ; if not,' it falls. This is a method of legislating inde complicated laws. The answer is that laws should not be complicated
pendently of the legislature. The referendum is a method of revising But: we have always had to vote for c o m p lic a t e d c a n d id a te s , much to
the work of the legislature.
And this is. briefly, the whole thing.
our disappointment. We now simply want c o n tr o l over these candidates
Many of our States already have the initiative and referendum. Every to whom we must trust our affairs. ’Then they will not give us compli
State should have them. Can you imagine a man so “ wrong ” as to say cated laws. And, complicated or not, the people know the difference
between honest and dishonest laws, between just and corrupt laws and
the people should not have these primary rights?
when they have the power to kill the latter, no more of them will be
WHY IT W
AS NOT M
ADE A PART OF OU EARLY CONSTITUTIONS.
R
made.
THEORISTS SAID IT WAS IMPRACTICAL.
And here some one may ask, Why did not the people of this free
country always have these primary rights? Why did we not start out
5. Scholars and theorists used to urge the objection that “ it is a
with them at the beginning of our government’
bunglesome and an entirely impractical method of making laws
it i«
only practical in a small locality like a New England town.” But since
sonic of our States have made such efficient use of this method for
asional well were the only “ water systems ” known. There were
local public transportation systems, and stage coaches, and ox teams
filled the place now occupied by the railroads. There were no corpora
tions nor trusts; no great and powerful private interests to influence
and bribe legislators, executives, and judges.
In this simple life our
public problems were few and simple, and public officers were not
tempted away from the popular interests; hence all went well. But a
century wrought great changes. With the large private interests came
the corrupt use of monev in politics. But also came popular education
and the popular press. We learned that we did not have real self-gov
ernment
Our methods suited the early times, hut these methods could
not cope with modern corruption and abuse of power. We saw that we
must control our representatives and make them truly and faithfully
representatives'in order to have real self-government. The best means
vet devised to achieve this are the initiative and referendum.
These
are briefly the reasons why these methods were not introduced, were
not nedod, ’in the early days of the Republic and why we do need them
and must have them now.
tiling. ,A\c, will always keep our legislative
nobody proposes such
bodies
dth
the
bodies
mot
phasize
_
— _________ ____ _ „ „ „ . v , . . ™ , , , , , , , . ,
are only agents; and the supreme authority and the control naturally
belong to the principals.
The initiative and referendum are the best
means yet devised to accomplish this supremely important object.
“ ELECT BETTER M ” FALLACY.
EN
fi. Some “ back num ber” people still urge that the remedy for legis
lative evils is to “ elect better men.” That has been urged and iriod
from time immemorial, and still the evils remain where the better plan
(the initiative and referendum) has not been established. W hat would
we think of an employer who had frequently been disappointed in hia
CONGRESSIONAL EEGORD— SEXA 'll-;.
4728
a™.nts wlio would consfantlv seek “ better agents,” failing to hold them
responsible to him, instead of radically changing such a slip shod sys
tem? The “ better m a n ” plan has long since been discredited.
The
h r t t r r s y s t e m plan always brings the better man, or makes the unfaith
ful servant powerless to do harm.
DOES NOT DESTROY REPRESENTATIVE GOVERNMENT.
7. After reading all the above, some stupid people will still s a y :
“ And are wo to close our legislative halls and destroy representative
governm ent?” No, dear blockhead, let us assure you for the millionth
time that the legislatures are not to be dismissed.
Nobody proposes
such a thing; nobody but yourself has ever mentioned such a ridiculous
proposition. A legislative body, whose acts are beyond control, is not a
representative body ; it is a body with absolute power and represents
nothing but itself. Only a legislative body whose acts may be revised
by the people can be representative of the people.
An agent, when
given absolute power is no longer an agent. He then becomes the prin
cipal. Our effort is to make our legislative bodies truly representative.
We wish to make assurance doubly sure on this point, so it will never
bother you again. Do not be misled by distinguished men, enemies,,of
the people’s rule, who still say (either in ignorance or dishonesty).
“ the initiative and referendum will destroy representative government.”
It is ridiculous and untrue. No one wishes to destroy representative
government.
It is one of the great developments in government, and
wo wish to and will cling to it. But when legislative bodies are abso
lute in their power, they are not representative. They are then auto
cratic. We wish to make them really representative, and thus improve
them and enlarge their usefulness.
POSITIVE TESTIMONY.
Let us close this section by testimony of a positive nature, and the
best which we know for the brief space occupied is the following, writ
ten by Prof. Frank Parsons in 1900 (since deceased). These 20 brief
positive stataments scintillate like diamonds.
He used the expression
“ direct legislation ” more frequently than the “ initiative and referen
dum.”
They mean the same thing, as “ direct legislation ” is accomplishd by means of the “ initiative and referendum.”
His words 12
years ago w cre as follo w s:
r
Direct legislation—
1. Is essential to self-government.
2. Destroys the private monopoly of lawmakers.
3 . Is a common-sense application of the established principles of
agency.
4. W ill perfect the representative system.
5 . Is immediately and easily practicable.
<;. Makes for political purity.
7. Kills the lobby.
8. Makes it useless to bribe legislators because they can not deliver
the goods.
9. Attracts better men to political life.
10. Simplifies elections.
11. Simplifies the law.
12. Lessens the power of partisanship.
13. Elevates the press and the people.
14. Stops class legislation.
15. Opens the door of progress.
l(i. Is wisely conservative.
17. Works an automatic disfranchisement of the unfit.
18. Tends to stability.
19. Is a safety valve for discontent, and
20. Is in line with the general trend of modern political history
throughout the world.
H istory.
W e have intimated that the so-called “ democracies ” of ancient Greece
and Rome were not democracies at all, being much nearer aristocracies
than democracies, as the government was by the upper few, the masses
being in slavery. There is also this radical difference: We employ leg
islative bodies to do the great body of legislating and use the initiative
and referendum only as an adjunct and a method of control.
The
ancient democracies had no legislative bodies. Yet some o f our eminent
“ scholars,” notably President Schurman, of Cornell University, con
stantly (and ignorantly) use “ the failure of the ancient democracies”
as an argument against the modern initiative and referendum.
We have noted the New England town meetings as among the earliest
examples of direct government, and they still persist.
But they arc
examples of pure democracy, involving the bodily presence of each voter
at meetings where a ll the public questions are decided by direct vote.
For strictly local government of small communities this plan has
proven its value, but it can not be applied to large cities and States.
We have noted that the referendum has been used in adopting the
constitutions of all our States and all amendments to the same, except
in the State of Delaware. It has always been the custom to refer consi Rations to the people for adoption or rejection, and this custom has
always been strictly followed except in Delaware. The submission of
constitutional amendments to a direct vote is the o b l i g a t o r y referendum,
as State constitutions, with the above exception, say that amendments
m u s t be submitted to the people for acceptance or rejection.
W hat we
are working for now is the o p t i o n a l referendum of l a w s — that is. a con
stitutional provision that laws passed by legislatures m a y be submitted
to a direct vote at the o p t i o n of the voters— that is, upon legal de
mand by a legal number of voters.
The people of a number of our
States have in recent years gained this privilege (details in following
pages), and wo are working for this privilege in a ll States.
It should also be noted in this connection that the referenda on the
location of State capitals, county seats, and various State and county
buildings and institutions, boundaries, limitation of State and local in
debtedness. appropriations, loans, improvement bonds, city charters, ex
tension of the rights of suffrage, various questions concerning the liquor
traffic, etc., have been innumerable from early times to the present.
1 is strange and astonishing that politicians, publicists, and profes
1
sors of political science should denounce the referendum as a “ dan
gerous experiment ” or a “ foreign innovation ” in a Nation where the
principle has been so long and so widely exercised as in the United
States.
The above is a brief review of the people s direct control of public
affairs in this country.
Switzerland deserves consideration here, as
follows ;
SWITZERLAND.
Although the American people were the first to employ the refer
endum oil State constitutions, the Swiss were the first to extend the
principle to statutes and to establish the initiative. The period from
18.11 to 1891 marked the rapid evolution of the modern system, and the
results obtained have led Ambassador James Bryce to declare'; “ Switzer
land is the most successful democracy the world has ever seen.”
M
a k c ii
It was the splendid effects of this new system that attracted the
attention of American reformers, looking for a “ wav out ” of the
wilderness of political corruption, and led to the adoption and extension
of this system in the United States.
The following liberal quotation from Prof. Frank Parsons (in The
City for the People) throws a clear light upon Swiss experience :
" F ifty years ago Switzerland was more under the heels of class rule
than we are to-d ay: political turmoil, rioting, civil war. monopoly,
aristocracy, and oppression— that was the history of a large portion of
the Swiss until within a few decades. To-day the country is the freest
and most peaceful in the world.
W hat has wrought the change?
Simply union and the referendum— union for strength, the referendum
for ju stice; union to stop war and rio t; the referendum to overcome
monopoly, aristocracy, and oppression. A solid confederation of the 22
Cantons or States, with a good constitution, was founded in 1848.
Peace followed, but the railroads, politicians, aristocrats, and monopo
lists continued to plunder the people.
In 1858 a heavy subsidy was
granted a railroad by the legislature of NeuchateJ. This opened the
eyes of the Switzers to the ‘ beauties ’ of the representative system.
They began to cast about for a remedy. Some of the ablest citizens had
for years been calling attention to the value of the referendum (which
was practiced in a few of the small forest cantons), urging the exten
sion of the method to other States and to the Union. The people saw
that it was o f no use to put faith in parties struggling for public office
or to continue trying to guess which candidates might withstand the
corruptions of power, and so they decided to trust themselves. In 1803
and a few years following six of the leading cantons adopted the
initiative and referendum, and to-day direct legislation is practiced in
all of Switzerland’s cities, most of its communes, in 21 out of the 22
cantons, and in the Federal Government.
The confederation adopted
the referendum in 1874. The initiative is in use in 17 cantons, and the
federation adopted it in 1891.
The referendum clause of the Federal
constitution reads as follows :
“ ‘ Federal laws as well as Federal resolutions which are binding upon
all. and which are not of such a nature that they must be dispatched
immediately, shall be laid before the people for acceptance or rejection
when this is demanded by 30,000 Swiss voters or by eight cantons.’
“ The amendment of 1891 provides for the initiative ‘ when 50,000
voters demand the enactment, abolition, or alteration of special articles
of the constitution.’ As constitutional linos are very loosely drawn in
Switzerland, the people will be able to initiate almost any measure they
choose.
Let us look at the results.
Mr. W . D. McCrackan and Mr.
J. TV". Sullivan have made exhaustive studies of Swiss affairs, and to
them I owe most o f the facts I give about the referendum there. Mr.
Sullivan has the story of direct legislation in writing from Ilerr Carl
Burkli, of Zurich, known as the ‘ father of the referendum,’ who s a y s ;
‘ The masses of the citizens of Switzerland found it necessary to revolt
against their plutocracy and the corrupt politicians who were exploit
ing the country through the representative system.
* * * The plu
tocratic Government and the grand council of Zurich, which had con
nived with the private banks and railroads, were pulled down in one
great voting swoop.
The people had grown tired of being beheaded
by the officeholders after every election. And politicians and privileged
classes have ever since been going down before those instruments in the
hands of the people.’
“ The referendum has been carried most nearly to perfection in Berne,
the great canton of half a million people, and in Zurich, with its
340,000 inhabitants.
The legislature of Zurich consists of a single
house of 300 members. It meets two or three times a vear for a twoweeks’ session. It can not grant a privilege to a corporation nor create
an office nor grant a contract. Every enactment and every appropria
tion above the ordinary limited sums for purposes specified in the con
stitution must go to the polls. And the consequences— let me quote Mr.
Sullivan verbatim, so that there may be no mistake ; ‘ The Zurich leg
islature knows nothing of bribery. It never sees a lobbyist. There are
no vestiges remaining of the public evtravagance, the confusion oi
laws, the partisan feeling, the personal campaigns characteristic of rep
resentative governments.
* * * When men of Zurich, now but mid
die aged, were young, its legislature practiced vices similar to those oi
American legislatures; the cantons supported many idling function
aries ; and the citizens were ordinarily but voting machines, registering
the will of the political bosses.
* *
* To-day there is not a sine
cure public office in Zurich ; the popular vote has cut down the number
of officials to the minimum and their pay also. * *
* There arc nff
officials with high salaries.
* * * There is no one-man power in
Switzerland. *
* * No machine politician lives by spoils. * * *
The referendum has proved destructive to class law and class privilege.’
In other wards. Switzerland has rid the body politic of its vermin— it
has taken politics out of the slums and civilized it. Direct legislation
has destroyed the power of legislators to legislate for personal ends, and
so has punctured the heart of evil in legislation.
“ One of the most valuable results has been the effect on the press
The papers no longer deal in spite, prejudice, sensationalism, ami
slander, but aim at quiet discussion and solid argument.
Savs Mr.
Sullivan: ‘ The advance of the Swiss press in power, in dignity, iii
public helpfulness since the day of direct legislation in that country
has been one of the most remarkable facts connected with the reform.’
I wonder if it really could give our papers dignity and helpfulness and
a slight respect for the truth.
Mighty magician, wc pray for thy
speedy arrival.
*
*
*
*
*
*
*
“ One of the leading friends of the referendum wrote to Mr. Sullivan
that it was ‘ deeply rooted in the hearts of the whole people. All par
ties who formerly opposed the referendum, even the most reactionary
and aristocratic, have declared officially their adherence to (he initiative
and referendum as a thoroughly good institution.’ No one objects to
it now but a few individuals who stood in the path of progress and
got hurt by the wheels of justice, and who comfort themselves with
ungracious talk.”
By means of the initiative and referendum the Swiss people have
achieved notable political and economic results, and recently they
have “ conserved” the water power of the nation by use of the initiative
By an overwhelming vote they decided to place the Federal Govern
ment in supreme control, and prevent further exploitation bv private
companies. Likewise by an overwhelming vote they forbade the manu
facture or sale of absinthe in Switzerland.
So profound has been the influence of the mere presence of the
initiative and referendum upon legislative bodies that they have been
used but sparingly. From 1875 to 1908 the referendum was invoked
upon only 30 Federal laws. Of these 11 were adopted and 19 rejected
by the voters.
During this period the Federal initiative was in
voked but n i n e times. F o u r of the proposed amendments were adopted
and l i v e rejected.
CONGKESSIONAL KECOED— SENATE.
191°
In cantonal affairs the use made of tlic initiative has heon equally un
necessary. As an example, the Canton of Berne has invoked the initiative
only e i g h t times in 40 years. In this Canton the referendum is obligatory—
that is, all laws are referred to the people. But in Cantons where
the referendum is petitional, or optional with the people, it has not
been extensively employed for the reason that there has been but little
necessity for it.
,
In Canton Basel, where the optional initiative and referendum are in
operation, the initiative has been invoked only t w e l v e times. Eight of
the measures were adopted and four rejected. In this period the refer
endum has been invoked on only 24 measures passed by the legislature,
of which 13 were adopted and 11 rejected.
Another result of direct legislation in Switzerland of tremendous
value is that only a small number of laws are passed by the legislative
assemblies, cantonal and national,
in common with the American
people tlie Swiss detest a “ flood of laws,” and the legislators know
that the people would promptly use the referendum unsparingly on a
multiplicity of unnecessary statutes.
It is unusual for a cantonal
assembly to enact more than five or six laws at a session. But it is
in national matters that the tendency is of most value as a lesson to
the American people.
_
„ ,
, _
, ,
In the 34 years from 1S74 to 1008 the Swiss Federal Congress enacted
only 2(50 laws. And it is perhaps needless lo say that these laws had
to do with important matters in the interests of the common welfare
o f the Swiss people: further, that they had most careful scrutiny in
preparation.
And why not?
The legislators had t i m e to consiuer
them. It is not to the honor of a Swiss representative to attempt to
clutter up the statute books with unimportant la^vs which hear his
Compare (liis with the American practice: In the Ohio Legislature
of 1900 there were introduced 1.008 hills— a fair average for t.iat
State. Usually from 200 to 400 of these bills become laws.
In New
York sometimes as many as 2,000 laws arc passed by tbe legislature in
one year.
B ibliography.
Those who desire a working knowledge of direct legislation will find
the following list of hooks and other publications useful. It is by no
means exhaustive. Some of the works arc listed for their historic in
terest and value. But the main idea is to note those which are timely,
available, and well worth while.
. . . . . .
,
, .
, ,,
Unless otherwise quoted, the price is net (-without postage), m cloth
binding.
B ooks.
THE SWISS CON ERATION
FED
*.
(By
Sir Francis Adams and C. D. Cunningham.
Macmillan & Co.,
New York. 289 pp. $1.75. 18S9.)
A sympathetic review of Swiss history and the development of Swiss
democracy, with especial reference to the referendum. One of the first
accounts of the Swiss experience, and one which had great influence ip
England and America among the thinking classes. Widely quoted.
DIRECT LEGISLATION BY THE CITIZENSHIP.
(By J. W . Sullivan. 120 pp. 1892. Now out of print.)
This virile little hook, published first by the Twentieth Century Pub
lishing Co.. New York, and afterwards by J. A. Wayland, Girard, Kalis.,
and others, ran through many editions and was circulated throughout
the United States by the tens of thousands. It gave a popular account
of the Swiss experience and advocated the adoption of direct legislation
in this country. It Is safe to say that no other direct-legislation hook
ever published' has had such a tremendous influence upon the masses of
Hie people or has done so much to secure the initiative and referendum
in the United States.
THE RISE OF THE SWISS REPUBLIC.
(By W . D. McCracken. Henry Ilolt & Co., New York. 1892. 413 pp. $2.)
The best general history of Switzerland yet written by a non-Swiss.
The viewpoint throughout is democratic.
THE REFERENDUM IN SWITZERLAND.
(By Simon Deploige. Translated by C. P. Trevelyan. Longmans Green
& Co., London and Now York. oo4 pp. 189^ and 1898. $ l.o 0 .)
Assumes tlic historical point of view, but is prejudiced against the
initiative and referendum. Written by a Belgian lawyer to help defeat
the adoption of direct legislation in Belgium. It has been widely quoted
by reactionaries, since it was long ilie only work in Lnglaud devoted
exclusively to the Swiss experience
THE REFERENDUM IN AMERICA.
n iv Fills P Obcrholtzer.
Charles Scribners’ Sons, publishers, New
U '
York. 533 pp. 1900 and 1912. $2.)
\n exhaustive history of the American praclice of referring consti'liiions constitutional amendments, and certain State and local
u i m A m A o T p o mlar vote. The purpose is to show that the principle
of the referendum is not a foreign importation. The first edition, 1900,
was conservative, though fair and without bias.
Ilie edition oi 1 9 1 contains supplementary chapters dealing with tlic history of the initi
ative and referendum from 1900 to 1911, which are written in a spirit
of hitter hostility and are far below the tone ot the mam body of the
work.
4729
A SOVEREIGN rEOFLE.
(By Henry Demurest Lloyd. Doubleday, Page & Co., New York. 273
pp. 1907. $1.50.)
The best account in English of the Swiss experience with direct
democracy.
The book is edited by the English economist. John A.
Jlobson. from notes and manuscript left by Mr. Lloyd at his death.
THE PEOPLE’S LAW.
(By Judge C. S. Lobinger,
The Macmillan Co., New York.
429 pp.
1909. $2,50.)
„ Tlle contents of lliis valuable work is best described in the subtitle
lopular participation in lawmaking from ancient lolkinoot to modem
referendum. A study in the evolution of democracy and direct legislation
A voluminous, careful, and scholarly work of great value to the
student.
DOCUM
ENTS O TIIE STATE-WIDE INITIATIVE. REFERENDUM AN RECALL.
N
,
D
(By Prof. Charles A. Beard and Birl E. Shultz, of Columbia University.
1 be Macmillan Co., New York. 394 pages. 1912. $2.)
A most useful volume containing all the amendments adopted in the
American States, or pending adoption at the election of 1912, together
with the enabling acts passed in the different States. The introduction
by J rof. Beard is an able statement of the relation of direct legislation
to the representative system of government and tbe political conditions
which have caused the adoption of the initiative and referendum. 'The
viewpoint is critical but friendly.
THE INITIATIVE, REFERENDUM AN RECALL.
,
D
(Edited by William Bennett Munro. D. Appleton & Co., New York
305 pages. 1912. $1.50.)
One of the National Municipal League series. Consists of some 14
essays and speeches both for and against direct legislation. Col. Roose
velt. Gov. Wilson, President Lowell, of Harvard, Prof. Lewis J. Johnson
of Harvard, and others arc included. An attempt is made to present
every side of the question. On the whole conservative.
GOVERNM
ENT BY ALL THE PEOPLE.
(By Delos F. Wilcox, l ’h. D.
The Macmillan Co., New York. 324 pages
1912. $1.50.)
A lucid discussion of the arguments for and against the “ initiative
referendum, and recall ns instruments of democracy.” The text deals
with the fundamental principles involved and little attention is paid
to either the history or the “ results ” of direct legislation. Favorable
to the democratic theory of government. A readable and inspiring book.
THE REFERENDUM AM
ONG THE ENGLISH.
(By Samuel Robertson Honey. The Macmillan Co., London and New
York. 114 pages. 1912. 2 shillings 6 pence (62 cents).)
Shows that the referendum in America, used from the earliest times,
originated among the English colonists and is an outgrowth of old
English ideals and practices in government.
THE O
REGON SYSTEM.
(By Alien
It.
Eaton.
A.
C. McClurg & Co., Chicago.
195 pages.
1912. $1.)
Professes to bo an unprejudiced account of tlic use made of the
initiative and referendum by the people of Oregon.
The author is a
member of the Oregon Legislature and affiliates with the old stand-pat
politicians.
Hence the book has a decided bias against an effective
direct legislation system, and the recommendations made to “ safeguard ”
the Oregon system would render it practically useless.
THE INITIATIVE, REFERENDUM AN RECALL.
,
D
(Edited by Clyde L. King. Ph. D. Being the September. 1912, issue of
the Annals of the American Academy of Political and Social Science
332 pages. $1. Address American Academy of Political and Sociai
Science, West Philadelphia Post Office Station, Philadelphia, Pa.)
A valuable collection of 18 papers on the subject contributed by wellknown college professors and public men. All shades of opinion repre
sented. Covers the theory, history, and use made of the initiative and
referendum both in America and Switzerland.
Pamphlets .
The pamphlet literature of direct legislation is too extensive to
attempt any adequate listing here. In the past 20 years hundreds of
pamphlets have been issued by the various State leagues and by private
individuals. Among those which can now be easily secured and which
will be found of x*alue we note the follow ing:
THE CODE. OF THE PEOPLE’S RULE.
(By United Slates Senator Robert L. Owen. S. Doc. No. 603.
168
pages. 1910. Free. Write Senator Owen, Washington, 1). C .)
Contains copies of the best laws enacted up to that time for all the
“ people’s power ” measures, including the initiative, referendum, and
recall, direct primaries, short ballot, corrupt-practices act, etc. Several
other Senate documents relative to direct legislation can also be secured
from Senator Owen.
POPULAR V. DELEGATED GOVERNM
ENT.
(By United States Senator J onathan B ourne. S. Doe. No. — .)
Speech of Senator B ourne defending the initiative and referendum in
the light of Oregon’s experience. Free. Address Senator B ourne at
Washington, D. C.
GOVERNM
ENTS AND PARTIES IN CONTINENTAL EU
ROPE.
A GLARING ERROR IN CERTAIN SENATE DOCUMENTS OPPOSING POPUI \p
GOVERNM
ENT.
(Bv Prof. A. Lawrence Lowell, now president of Harvard University.
Houghton, Mifflin & Co , Boston. 2 vols. 8 3 - pp. 18JO. $o.)
The chapter dealing with Switzerland is a _ stEP“ ^ T ^ ^ ^ ’S C lclsm
at-nY
l^
of direct legislation. lie opposes its adoption in the u nited States.
(S. Doc. No. 651. Memorial by Dr. C. F. Taylor.)
Refutes claims made by various United States Senators that under
the initiative and referendum laws would he enacted “ in haste ” and
“ without deliberation.” Free. Write Dr. Taylor, 1520 Chestnut Street,
Philadelphia, Pa.
GOVERNM
ENT IN SWITZERLAND.
(By J. M. Vincent. The Macmillan Co., New York. 370 pp. 1900. $1.25.)
A reliable account of tlic Swiss system of government, with especial
attention paid to direct legislation. Good.
THE CITY FOR TIIE PEOPLE.
(By Prof. Frank Parsons. Published by Dr. C P. Taylor 1520 Chestnut
Street, Philadelphia.
Revised edition 1001.
<04 pp.
Cloth, $ 1 ,
paper, 50 cents. Unfortunately just out of print.)
l imes 255 to 386 present an exhasutivc and most able argument In
favo '^o f the initiative and referendum. The case for direct legislation
has never been better stated, and the fundamental arguments are
standard.
NEW DANGERS TO MAJORITY RULE.
(S. Doc. No. 897. By Mr. Judson King.)
Compares the “ checks and balances” of the United States Constitu
tion with the “ safeguards and restrictions ” which conservatives pro
pose for the initiative and referendum. W ill be sent free upon request
sent to Equity office.
THE INITIATIVE AN REFERENDUM AN EFFECTIVE ALLY OF REPRESENTA
D
.
TIVE GOVERNM
ENT.
(By Prof. Lewis Jerome Johnson, of Harvard University.)
An effective pamphlet of 30 pages good ior propaganda purposes.
Issued by the Massachusetts Direct Legislation League. 60 State Street,
Boston. Five cents per copy. Special price in quantities.
CONGRESSIONAL RECORD— SENATE.
47-JO
T iik W orkable A mendment.
In practice the success ol the initiative and referendum almost wholly
depends upon the detailed provisions of the amendments through which
these powers may be exercised by the people.
I f they are honestly
drawn, good results will follow their use. I f the amendments are filled
with “ jokers,” the results will be disappointing.
Oregon has suc
ceeded because Oregon has a good system. Utah, Montana, and other
States have failed because they have poor systems. Thus far in every
State the good results achieved have been in direct ratio to the char
acter of the system o f direct legislation established.
There are two main factors in a direct-legislation system :
The constitutional amendment.
The enabling or elaborating law.
The amendment defines ilie legislative powers reserved by the people,
and specifies the main elements' in the process by which these powers
shall be exercised through the initiative and referendum, such as the
size of the petitions required, the majorities by which measures shall be
enacted, the duties of the State officials in respect to petitions and elec
tions, and the general course which a measure shall take from its
inception to the decision of the voters at the polls concerning it.
The enabling act is a matter of statute law facilitating the process
of direct legislation provided in the amendment.
It contains many
minor regulations which can not well go iuto the constitution, such as
the legal forms under which petitions shall be circulated and filed,
penalties for fraudulent signatures, the form o f the ballot, the details
of the method of publishing proposed measures, etc.
Since many of the measures which are brought to the bar of public
opinion are of great moment and are bitterly contested by the privileged
interests, the greatest care should be exercised in the preparation of
both the amendment and the enabling act. The channel should be kept
clear for an honest, free expression of the public will upon any question.
Any defect will be promptly taken advantage of by the shrewd lawyers
employed by those who seek to forestall a popular vote, and hence the
initiative and referendum process should be made “ hole proof ” from
first to last.
The recommendations herewith offered are drawn from the actual ex
perience of the people of the various States in which direct legislation
has been in operation. They are not theoretical, but practical, and if
followed will provide a system which will be of real value to the peo
ple and at the same time guard the voters against having the ballot
overloaded by the proposals of cranks and extremists.
Essentials
of an
E fficient I nitiative
and
R eferendum S ystem.
T h e a m en d m en t.
I. GENERAL.
(a) The amendment should expressly r e s e r v e legislative power to be
exercised by the people under the conditions set forth in the amendment,
just as legislative power is expressly g r a n t e d to the legislature in the
constitution.
(b) O n l y stuck p u b lic officials a s c a n b e f o r c e d to do t h e i r d u t y
t h r o u g h m a n d a m u s p r o c e e d i n g s should have controlling charge of meas
ures from the filing of the petition until the date the measure takes
effect or is rejected.
(c) The courts should be prohibited from declaring laws enacted by
the people “ unconstitutional.”
(d_i T h e a m e n d m e n t s h o u l d b e m a d e s e l f -e x e c u t i n g .
II. THE INITIATIVE.
(a) S h o u l d a p p l y to c o n s t i t u t i o n a l a m e n d m e n t s a s w e l l a s t o s t a t u t e
la w s.
Little progress can be made by the people in solving the political and
economic problems of this time if they are unable to change their funda
mental law when necessary. The predatory interests have little fear
of the statutory initiative or referendum. Constitutional provisions and
the interpretation thereof are their real concern. Controlling these
they rule all.
(b) S h o u ld be d i r e c t as w e l l a s i n d ir e c t.
By the d i r e c t method the initiative petition must be filed with the
secretary of state, say four months before the election at which the
proposed measure is to be voted upon, and is submitted by him directly
to the voters.
By the i n d ir e c t method the initiative petition must be filed with the
secretary of state, say 30 days before the legislature meets, and is by
him presented to that body. If not enacted without change or amend
ment. the proposed measure is submitted by the secretary of state to
the voters at the ensuing general election, which usually occurs from
18 to 20 months after the adjournment of the legislature.
The vital point is the time involved. Allowing three months for
securing the petition in all cases, it Is evident that by the direct method
the decision of the voters upon any question can be secured s e v e n
m o n t h s after the inception of tlie petition.
Four months of this time
is given to discussion by the voters, which is ample time for careful
consideration. By the i n d ir e c t method the process requires over t w o
y e a r s from the time the petition is begun until the vote is taken, assum
ing as we must, that the legislature refuses to enact the measure pro
posed. and assuming biennial elections. Two years is too long, both
because it does not give the voters opportunity to act in emergencies
where a long delay might involve serious loss to the State, and because
the public interest in a measure may diminish with so long a wait.
The California amendment providing for the indirect initiative on a
5 per cent petition and the direct initiative on an 8 per cent petition
is a happy solution of the question. The majority of the proposed
measures will naturally gravitate to the legislature through the indirect
method because of the smaller cost of the petition required, and the
direct method may be used to save time whenever desired. It is unfor
tunate, however, that the California amendment does not include the
indirect initiative to constitutional amendments.
<e) T h e t i m e f o r se c u r in g i n i t i a t i v e p e t i t i o n s s h o u l d n o t b e lim ite d .
The arbitrary law7 passed by the Oklahoma Legislature, allowing the
voters only 90 days in which to secure and file a petition after its in
ception is practically prohibitive to all save those w
rho can command
plenty of money or have a powerful organization to depend upon. No
such restrictions should be inserted in an amendment.
(d) T h e le g i s l a t u r e s h o u ld h a v e n o p o w e r t o a l t e r a m e a s u r e in a n y
M eo
a h
(b)
It should be specifically provided that laws against which a petition is filed s t a n d s u s p e n d e d until the vote upon them is taken.
“ It is objected that a good law7 may be delayed from going into op
eration by this provision. Possibly on rare occasions, but it should be
remembered that the direct-legislation system tremendously facilitates
progressive legislation, which vastly overbalances an occasional delay.
Also, the objectors forget the danger of allowing bad laws to remain
effective until repealed, especially those affecting franchises, the sale or
purchase of public property,” etc.
IV. THE EM
ERGENCY CLAUSE.
(a) Should require that all emergency law's be passed b y a t l e a s t a
t w o -t h i r d s v o t e o f t h e l e g i s l a t u r e , and carry a separate section setting
forth the nature of the emergency.
(b) Should be liberal in scope, but specifically prohibit the emergency
from being applied to f r a n c h i s e r i g h t s , the sale of public properties, etc.
“ It is often desirable to allow a law affecting some minor matter to
go into effect at once when the public rights are not endangered, but
may be conserved. Too strict an emergency clause prevents relief in
these cases and is undesirable. The two-thirds majority, the governor’s
approval, the specific exemptions, and the right of the people to invoke
the referendum and repeal 1lie law7 are sufficient safeguards.”
fc) Should not “ excep t” emergency law's from the referendum.
No law should be exempt from an ultimate popular vote if the
people desire it. The “ joker ” in most emergency clauses now in force
is that they permit the legislature to deny the people the right to vote
upon anything a bare majority or a two-thirds majority of the legisla
ture see fit to declare “ immediately necessary for the preservation of
the public peace, health, or safety.”
V. THE PETITION.
(a) For an i n i t i a t i v e petition the number of signatures required
should be sufficient to indicate a desire on the part of the voters that
the question shall be submitted to the electorate, but not so many as
to be an unnecessary burden upon those who w'isli the measure sub
mitted. Opinions may differ as to the proper number. It should bo
large enough to prevent cranks from overloading the ballot, but not so
large as to overburden honest citizens in an honest effort, nor so large
as to defeat such efforts. In the legislature a single member may ini
tiate a measure before that body, then would not a number of voters
equal to one member's entire constituency be sufficient to initiate a
measure before the people of tlie State?
Let us try it from another angle. A nominating petition of 1,000
voters w ill place upon the ballot a candidate for governor or other State
r
officer in Oregon, Oklahoma, Nebraska, or Illinois.
(See direct-primary
laws of these States.)
Should it he any more difficult to place an
initiatory measure upon the ballot than the name cf a candidate? Mr.
Holdback, who is afraid of Hie people, will say “ yes,” and the politi
cians. who are more interested in candidates than in laws will agree
with him.)
Perhaps w will have to yield something to the “ Hold
re
backs ” and the politicians, but wo must not allow them to make it s o
m u c h m o r e m o r e d ifficu lt as to render the initiative practically unwork
able.
And here w e must look out for “ jokers.” A favorite “ joker ” urged
7
by the “ holdbacks ” is to require that initiative and referendum peti
tions be required from a certain number of counties or congressional
districts in the State. Any such required distribution has proven to ho
a great hardship, and should be avoided. A voter’s signature should
count, in whatever part of the State he may live.
(b) A required petition for the referendum should be much smaller
than for the initiative. The chief reason is the time limit (90 days)
within w'hich the petition must be completed.
It is usual to require
only from one-lialf to two-thirds the number of names required for an
initiative petition for a referendum petition.
An unfortunate custom has been started of specifying p e r c e n t a g e s of
the total vote to determine the size of initiative and referendum peti
tions. Maine broke away from that custom and requires definite num
bers (10.000 for the referendum and 3 2,000 for the initiative).
The
definite-number plan is much better than the percentage plan, for
many reasons, and w'ill doubtless be used hereafter; but the Maine
numbers are large for the small and scattered population of that State.
In connection with the model amendment printed in this issue, definite
numbers are suggested for initiative and referendum petitions in all
States which have not yet submitted an amendment.
VI. THE MAJORITY.
(a) All measures submitted to tlie people should be adopted or re
jected by a majority of the votes cast t h e r e o n a n d n o t o t h e r w i s e .
To require a majority of all the votes cast for candidates “ in the
election ” is to put a premium on ignorance and carelessness and In
crease the political power of those who care little or nothing for good
government. It is now7 conceded by the men w ho framed the Oklahoma
7
constitution that the insertion of this “ jo k e r” (though done without
knowledge of its fatal character) has practically destroyed the value
of the initiative. W ith the establishment of the publicity pamphlet, as
used in Oregon, sent to each voter in the mails, the voters have oppor
tunity to educate themselves, a large vote is insured, and there is no
danger of so-called “ minority rule.”
VII. WHEN IN FORCE.
Measures adopted by tlie people should go into effect a u t o m a t i c a l l y at
the expiration of a given number of days after election, or upon the
governor's proclamation, w'hich should he m a n d a t o r y , w'ithin a given
time.
T he E nabling A ct.
An initiative and referendum amendment should he made self-exe
cuting, w'hich, of course, permits its immediate operation under exist
ing la w s ; it should also be supplemented by an enabling or elaborating
act, covering many minor details of the system which can not well be
placed in an amendment. The purpose of tlie enabling act is to “ facili
tate the operation ” of the initiative and referendum and not to impair
its value and usefulness by unreasonable technical requirements. The
following are the main points it should cover:
1. THE PETITION.
(a) The act should provide the form in which petitions are to be
submitted.
(b) V e r i fi c a t i o n .— The affidavit of the solicitor should be required and
w a g o r d e la y i t s s u b m i s s i o n .
made sufficient to establish the legality and genuineness of petitions.
(e) No arbitrary limit should be set upon the number of questions
(c) A ll signatures, addresses, etc., should be d u p l i c a t e d by tlie
which can be submitted. That is the people’s business.
solicitor.
“ Hundreds of names and addresses are poorly or illegibly written.
III. THE REFERENDUM
.
Unless a ‘ key ’ is given the clerks must throw them out. The Oregon
(a)
Lawrs passed by the legislature should not go into operation for
method of having the signatures rewritten on the back of the petition
90 d a y s from the adjournment of the session, to give opportunity for
sheets by the solicitors has been found to add heavily to the work of
referendum petitions.
verification. Either the size of the petition sheets should be enlarged sot^
CONGRESSIONAL RECORD— SENATE.
1913.
that names may be recopied on the same side, or a separate sheet of
the same size could be used and attached. It must be understood that
this duplication of signatures by the solicitor is o n l y to provide for the
convenience and accuracy in checking up petitions by the officials. The
original signatures validate the petition.”
(d) P r o t e c t i o n f r o m f r a u d .— The fraudulent securing or signing or
petitions should be made a felony.
(e) iS u fficien cy .— The official with whom the petition is iiled should
pass upon its sufficiency.
“ This is usually the secretary of state, and a time limit should be
set after which his decision can not be questioned in court, lie should
be required to announce his decision by a certain time, and opportunity
given the petitioners to complete the petition before the election if it
is found insufficient.”
In case a petition is enjoined on the grounds of insufficiency the bur
den of proof should be placed u p o n t h e o b je c t o r s .
“ An injunction was brought against a petition in a Chicago court by
‘ the interests.’ The judge proved hostile and forced the petitioners to
establish the sufficiency of their petition. This and the attorneys fees
cost them nearly as much as securing the petition, which was declared
valid, but not until after the election.”
The proof that a petition contains fraudulent signatures should not
be held to invalidate the sufficiency of the petition, provided there are
enough genuine signatures to meet the legal requirements.
2. THE BALLOT.
(a) The ballot title need not be identical with the legislative title.
It should state clearly the purpose of the measure.
.
(b) Measures should appear upon the ballot in the order in which
the petitions are filed.
Ample opportunity should be given for injunction and prompt legal
procedure and review by the courts to insure the fairness of the ballot
title nud arrangement of questions so that the voters may not be inten
tionally misled.
(c) The method of stating measures should be as uniform as possible,
so that no confusion may occur over the effect of a positive or negative
vote.
3. THE PUBLICITY PAMPHLET.
(a) The publicity pamphlet should contain arguments for and against
pending measures as well as copies of the measures, and should be
mailed direct to the registered voters from the office of the secretary of
state.
'This is the Oregon method and it has mot with pronounced success
and the approval of the voters. Oregon first tried expressing the pam
phlets to the county clerks, who were required to mail them out. This
failed, and the present system was established. The Oklahoma plan of
distributing pamphlets at the primary election has failed. The old news
paper system of advertising measures in partisan newspapers has proven
a farce. Attempted circulation, or even mailing sample ballots, is very
inadequate.”
Arguments on measures submitted by the legislature should be made
by a member or a committee ol' the legislature appointed by those favor
ing and those opposing the measures. Arguments on all measures, how
ever submitted, should be included when offered by private citizens or or
ganizations, they paying the exact cpst to the State for the space taken.
All arguments should be either signed, or a statement should he made
in whose behalf the argument is made and who is paying the expense.
It is difficult to overestimate the value of this system of educating
the voters. It insures intelligent voting and a much larger proportion
taking part in the decision of questions.
4. THE r.ETUENS.
The vote upon measures should be canvassed and returned with the
same dispatch as the vote upon candidates.
5. QUICK ACTION BV TIIE COURTS.
The courts should advance upon the docket all litigation relative to
the process of submitting measures, render prompt decisions, and this
should he made m a n d a t o r y .
P rogress
and
“ E x p l a n a t io n o f t e r m s .
D i r e c t i n i t i a t i v e ’ indicates that a measure proposed by petition
may go directly to a vote at the next election without first being sub
mitted to the legislature.
.
„ x
„
,
. ,
,
“ • I n d i r e c t i n i t i a t i v e ’ requires that a proposed measure be first sub
mitted to the legislature. If not enacted without change or amendment,
it is automatically submitted at the ensuing general election.
C o n s t it u t i o n a l i n i t i a t i v e ’ indicates the right of the people to pro
pose, by petition, amendments to the State constitution for adoption or
rejection at the next election.
'“ ‘ S t a t u t o r y i n i t i a t i v e ’ gives the people the right to propose and
enact statute laws.
. ,
, .
“ ‘ R e f e r e n d u m .’— The effect of a petition filed against an act of the
legislature usually suspends tlic operation of the law until it is voted
upon by the people. Some amendments provide, however, that the law
remains in effect, and a rejection by the people acts as a repeal.
“ ‘ E m e r g e n c y ’ refers to the power given the legislature by some
amendments to inhibit the referendum and deny the people the right to
vote upon any law declared to be ‘ immediately necessary for the preservation of the public peace, health, or safety.
Some, however, simply
allow ‘ emergency measures ’ to go into effect at once, without waiting
the customary 00 days, but a reierendum petition may be lawfully hied
against it, and it may be repealed by the people at the next election.
Meanwhile it remains in operation.
“ ‘ P e t i t i o n s ’ are usually calculated upon the total vote east for
governor at the preceding election, and arc usually tiled with the secre
tary of state.
,
“ e M a j o r i t y ’ refers to the size of the vote cast for a measure neces
sary to insure its adoption. * T h e r e o n ’ means the electors voting
directly upon a given measure without reference to the number voting
for candidates or other measures in the same election. The phrase
means the total number of voters casting ballots in the
election for candidates as well as for measures.”
In the tables of votings the “ origin ” or r e a so n w h y each measure
was placed upon the ballot is designated as follows :
“ R ,” (referendum) indicates a statute law passed by tlic legislature
and referred, by a referendum petition, to the voters.
" 1 . B .” (initiated b ill), a bill or statute law initiated by the voters
a n d submitted by petition.
“ J - A .” (initiated amendment), a constitutional amendment sub
mitted to the voters by initiative petition.
‘ L . B .” (legislative bill), a bill or statute law passed by the legislat.ure and submitted to tlie voters by the legislature.
. 1J A .” (legislative amendment), a constitutional amendment sub
mitted to the voters by the legislature in the customary manner.
‘ in t h e e l e c t i o n ’
1. SOUTH DAKOTA, 1S96.
* TIi c
was adopted at the general election of 1898— the vote
£or to 16,483 against. Total vote for candidates was
The main provisions of the amendment are :
No constitutional initiative. Indirect s t a t u t o r y i n i t i a t i v e , petition 5
per cent. Statutory r e f e r e n d u m , petition 5 per cent. E m e r g e n c y de
clared by a majority vote of legislature. P u b l i c i t y , formerly by sample
ballots and newspaper advertising, but legislature of 1910 established
publicity pamphlet system similar to Oregon, with the exception that
the people can not submit arguments therein on measures pend ill"
Majority of the vote cast t h e r e o n decides measures.
No luws were submitted under the provisions of this amendment until
the election of 1908. The use made of it from that time on is given
in the table of votings.
Since the South Dakota amendment was the first to bo adopted we
may naturally expect to find it not up to the standard which later
States have achieved. The initiative needs to be changed to permit (he
submission of a measure petitioned for by the people w i t h o u t fir st b e in g
e n a c t e d b y th e le g is la tu r e .
There is no way to force a legislature to
submit initiated laws, even though the constitution does command it
A direct primary law, legally petitioned for, was rejected by the legis
lature of 1905. The initiative should also be extended to constitutional
amendments.
The “ emergency ” clause of the amendment is very defective
A
mere majority of the legislature may remove any law from the power
of the referendum by simply declaring “ an emergency to exist ” No
petition can be circulated against a law carrying this clause, and thus
the people have the referendum only at the option of the legislature.
T a b le o f
South Dakota.
Ori
gin.
v o tin g s.
Yes.
No.
00.211
05.340
• . 778
IS
39)075
38,794
32,274
41,495
37.904
32.1(50
34,5(50
20,018
17,852
42,410
48.152
35,932
35,289
32,012
29.830
36,123
48,933
52) 152
49,540
47,893
57,440
55,372
44,223
52.397
57,709
52,233
52,043
47,625
Major Major Per
ity ap ity re cent
prov
ject
total
ing.
ing.
vote.
j•
election 1DOS-total vote, 113,904.
Divorce law...........................................
R.
1 R.
! R.
Local-option liquor law....................... I. B.
4s) 000
21.417
33'
372 t............
2,330
87
70
E C N 1910— T TA VO 105,801.
LE TIO
O L TE,
Suspension from office by governor..
Embalmers’ licenses............................
R.
R.
R.
R.
R.
I. B.
L. A.
Results.
In this chapter is presented in concise form the results of the adop
tion of the State-wide initiative and referendum in the United States.
The States are* listed in the chronological order of adoption. There is
given a brief statement of the conditions which led to the securing of
the amendment and the vote for and again st; a table of votings which
includes amendments submitted by the legislature as well as those
submitted through the operation of the initiative and referendum, a
statement as to the defects of the provision and the general results
obtained..
, .
.
,.
. .
It is impossible in the space at cur command to give the entire text
of the various amendments. The most vital points, however, are indi
cated, and to make the condensation clear the reader should consult the
follow ing:
4731
Salary of attorney general..................
Equal suffrage.......................................
Limitation of debts..............................
Revenue amendment...........................
New institutions...................................
L. A.
I/. A.
L . A.
L. A.
A.
L.
19,992
.14)98(5
3,932
80
12)950
10,4(55
22,420
19,621
22.213
11,497
87
83
88
so
77
79
E C N 1912—T TA VO US,087.
LE TIO
O L TE,
Electric headlights for locomotives .. R.
Relating to damage for trespass of
animals...............................................
R.
Regulating location of county seats.. 1L
Direct-primary law............................
I.B.
Amendment permitting taxation of
stocks and bonds of corporations... L . A.
65,940
17,721
43,225
50,100
•53,222
53,154
20.S74
24 . Ill
28,892
23.220
19,111
22,202
37
62,302
26,814
33,483
76
Over 40 per cent of tlic laws passed in South Dakota are declared to
he “ emergency measures.”
The legislature of 19J0 provided the Oregon pamphlet system of ad
vertising pending measures. This puts an end to another defect of i ho
South Dakota system.
The legislature of 1899 provided that the entire text of initiative
and referendum measures be printed on a separate ballot instead of
the title of such measures. Due to the submission of a long military
law in 1910, which occupied three-fourths of the ballot together with
live other measures, the ballot was nearly < feet in length*5 \nd this
>
absurd system, provided by a legislature, has been held up as a warning
all over the United Slates against the principle of direct Iw islatioif
The act of 1910, above noted, provides that measures be hereafter sub
mitted by title only.
Notwithstanding the defects of the provision, some good results have
followed the adoption of the initiative and referendum in South Dakota
In a recent letter to the editor of Equity former United States Senator
It. F. Pettigrew says :
“ No doubt the initiative and referendum amendment adopted in
South Dakota, if it had been more complete and better drafted, would
have been more effective, but it has worked with very beneficial effects
In the first place, it calls off the lobby which was composed of rail
road attorneys and the corrupt interests, and left the legislature free
to enact better laws, and as a result we have secured much belter and
beneficial legislation, such as the physical valuation of railroads, the
reduction of express charges, the increase in the valuation of railroad
properties for taxation, an antipass law, which has stopped the corrup
tion of the voters through the issue of free passes, and a law requiring
I
/
C O X G11E88I0XA
4732
L I\ECOIID— BEXA TE.
railroads to furnish cars to all shippers alike and to pay damages if
they fail to do so. These acts could never have been passed under the
old' system. As a result we have not been obliged to use the referen
dmn Very often, but the fact that we have the power is a great check
uiiou corrupt legislation.”
II. UTAH, 1900.
tty
The amendment was submitted to the people at the general election
of 1000. The vote stood 10,210 for to 7,7St> against. The total vote
Was 02,9S0.
The amendment establishes the principles o f the initiative and ref
crendum and leaves the percentages on petitions and other details to be
“ provided by law.”
Succeeding legislatures have steadily refused to
put tfie amendment into operation. Hence Utah, though known as an
initiative and referendum State, does not, in fact, have the system in
operation and is an example of the unwisdom of leaving vital details
to legislatures.
III. OREGON. 1902.
The amendment was submitted to the people at the general election
of 1902. The vote stood (52,024 for to 5,688 against. The total vote
was 90.692.
Oregon was the first State to adopt a complete and effective system.
The main provisions of the amendment a r e :
Direct initiative on c o n s t i t u t i o n a l a m e n d m e n t s a n d s t a t u t o r y la ic s.
8 per cent petition. R e f e r e n d u m , 5 per cent petition.
E m e r g e n c y by
a majority vote of the legislature and inhibits referendum.
M a jo r ity
of tiie “ votes cast thereon ” decides measures.
P u b l i c i t y pamphlet,
containing copies of measures to be voted upon, is mailed directly to
the voters by the secretary of state. Arguments for and against meas
ures are inserted by private citizens or organizations, they paying the
proportional cost per page of space taken. The intelligent use of the
initiative and referendum in Oregon is largely due to this publicity
pamphlet, or “ Voter's textbook,” as it is often called.
,r
'Table o f v o t i n g s .
Ori
gin.
Oregon.
Yes.
No.
Major
ity ap
prov
ing.
Major
Per
ity re cent
ject
total
ing.
vote.
E E T N 1 04— O A V T , 99,315.
L C IO 9 T T L O E
.
Local-option liquor bill...................... . T B.
5
Direct-primary law............................. . I. 1 .
election 1
906—
total vote,
■
f
J
13,.316
40,198
16,354
3,118
39, S51
96,751.
E E T N1908— O A V T , 116,614.
L C IO
T TL OE
R.
28,856
59,406
30,550
R.
33,507
54,848
21,341
R.
R.
It.
44.115
46,582
56,130
40,535
40, 720
30,280
.3,580
5,862
25,850
I. B.
69,668
21,162
4S, 506
I. B.
T B.
.
I. A.
54,042
43,948
36,858
31,301
26,778
58,670
22,741
17,170
21,812
I. A.
39,442
52,346
12,901
I. A.
32,066
60, S71
28,805
27,379 !
I. A.
58,381
31,002
I. A.
48,868
34,128
14,540
I. A.
52,214
28,487
23,727
L. A.
19,691
G8,892
L. A.
41,975
40,868
L. A.
30,243 ! 50,591
L. A.
65,728 ; 18,590
49,201
1,107
20,348
47,13S
T a b le o f v o t in g s —
Oregon.
Ori
gin.
abcti
Continued.
Yes.
No.
Major Per
ity re cent
jecttotal
Major
ity approving.
vote.
ELECTION 1910—TOTAL VOTE, 117,090.
Bill increasing salary of judge.............
Prohibitorv Hill.....................................
Home rule bill for municipalities.......
Employer's liability bill......................
For a liability commission..................
Appropriation for M o n m o u t h
Normal................................................
Appropriation for Weston Normal...
Appropriation for Ashland Nromal. .
Eight bills creating 8 new counties;
vote on each about same; average..
Rogue River fish bill...........................
Bill regulating creation new counties.
Presidential primary bill....................
Judiciary reform, three-fourths jury
verdict in ciyil cases.........................
State Official Gazette...........................
Prohibition amendment......................
Amendment, for county local option
system of taxation.............................
Woman suffrage amendment............
Good roads amendment......................
Proportional representation ameud-
R.
T B.
.
I. B.
T B.
.
I. B.
13,161
42,651
53,321
56, 258
.32,224
71.503
63,564
50,779 1 2,542
33,943 22,315
51,719
T B.
.
I. B.
I. B.
50,191
40,898
38,473
40,044
46^201
r. b .
T B.
.
I. B.
I. B.
16,747
49,712
37,129
43,353
61.227
33.397
42,327
41,624
r. b .
J. 15.
i. A.
44,5.33
29.955
43,540
.33.399
52.538
61,221
I. A.
r. a .
I. A.
j 44.171
35,270
51,275
42,127
59,065
32,906
37.031
50.134
23.143
34,000 :
44,366
41.504 i 8,630
59,974
54,252
T A.
New insane asvlum for oast Oregon. L. B.
Bill for constitutional convention___ L. 1 .
5
Separate legislative districts............... L. B.
Amendment repealing uniform sysL. A.
Amcndment for classified system___ L. A.
Amendment permitting "State to
L. A.
58,342
20,913
19,495
10,147 |
5,303
10,182
43,357
16,315
5,’ 19.3
1,729 :
5,139 i
22,583
17,681
2,041 !.
18,363 !.
L
7,335
36,8'ji
20,525
37.619 40,172
31,629 j 41,692
2,553
10,063
32,844
13,226
46,070
67
Oregon lias the best system of direct legislation by the people of any
State to date. There are no hampering “ safeguards and restrictions”
to render abortive the efforts of lier progressive and patriotic citizens.
Phis explains why Oregon’s record for accomplishments with 1Ho system
is the most notable of any State in the Union. The weak point in the
Oregon amendment is the emergency clause, which permits a majority
S3 of the legislature to suspend tlie referendum on a measure declared to
be ‘ 'necessary to the immediate preservation of the public peace, health,
73 and safety.” Efforts are being made, however, to change this provision
so that no “ emergency ” may he declared excepting by a two-thinls vote of
76
79 the legislature, and that such emergency shall not. inhibit the power of
the referendum, but simply permit the law to go into operation at once
and continue until repealed by a vote of the people at the polls, pro
79 vided they so decide, or by a vote of the legislature itself.
The tremendous results obtained by the people of Oregon by use of
the initiative and referendum have attracted nation-wide attention.
S
O Oregon has a vigorous citizenship. There arc many progressive organi
87 zations in (he State, such as the People’s Power League, the Federation
of Labor, tiie Farmer’s Grange, etc. Having a workable direct-legisla
tion provision with which results could fie attained, these organizations
have led the people in the light against political corruption. These efforts
have resulted in the destruction of tin; old-time political “ machines.”
G
9
Corporation newspapers and politicians in Oregon and throughout
the entire Nation have sought to belittle the results of the “ Oregon
75 system,” as it has come to be known, in a vain attempt to check the
progress of direct legislation in other States. By flagrant misrepresenta
76 tions they have sought to convey the impression that the, whole “ experi
ment is a dismal failure.”
The true status of the public mind, however, may he gained from the
67 following extracts taken from the testimony of representative citizens
of Oregon in every walk of life :
A supreme court judge : W ill It. King, associate justice of the supreme
court, writes :
“ In my opinion, the initiative and referendum lias been instrumental
in giving the people of this State more wise and progressive legisla
tion than they would have secured under the representative system
76 only. * * * I consider the initiative and referendum a safe and
practicable method of enacting legislation, and will further add that I
76 think it has come to stay. It is only a question of time when every
State of the Union will incorporate it in some form into their funda
73 I mental law.”
75
United States Senators: Senator J onathan B ouisne, in a speech before
74 the United States Senate, said :
“ Results obtained under direct legislation in Oregon compare so
78 favorably with the work of a legislative assembly that an attempt to
repeal the initiative and referendum would lie defeated overwhelmingly.
74 No effort has ever been made.
* *
* The results show that the
61 people have exercised discriminating judgment.”
82
Senator George A. Chamberlain w rite s:
“ The people of this State arc entirely satisfied with this amend
ment.
* * * I think you will find that opposition to the Oregon
79 system finds its inspiration in the corrupt machine politician and in
those who believe that the liberties of the citizen should be subordinated
80 to tlie so-called rights of property.”
A university president: Prof. W illiam N. Ferrin, president of Facific
Grove University, writes :
“ The old-time political leaders do not love the initiative and refer
71 endum. They have made several attempts to modify the provisions in
important particulars and every such attempt has been defeated at tHo
69 polis by a decisive vote. In my judgment the system is more strongly
intrenched in popular favor than ever before.
* * * It is gratifying
76 to note that tiie voters make a study of the measures to lie voted
upon and exercise a commendable degree of care in marking the bal
lot.
*
*
*
The campaigns on these measures increase the intelligence
71 of the voters and arouse their interest in political matters generally.”
An editor: C. S. Jackson, publisher of the Oregon Daily Journal, says70
“ The initiative and referendum has done one service in Oregon which
is invaluable. It; has given the little man -the common man -interest
72 and hope in self-government which lie never before realized.”
84
73
Bill proposing changes in local-op
35,397 45,144
tion law............................................. . R.
9,717
Beferondum to veto an act of legis
26,758 43,918
lature................................................. . R.
1 17,160
It.
57,281 17,779 40,502
Antipass bill.......................................
Bill lor State ownership of a toll road I. B. 31,525 44,525
13,000
Bill for tax on gross earnings of sleep
ing, and refrigerator car and oil
companies......................................... I. B . 69,635
0,440
10—1
Bill for tax on gross earnings of ex
press, telegraph, and telephone
companies.......................................... I. B. 70,872
6,360
11—1
■Woman-suffrage amendment............. I. A. 36,928 46,971
10,043
Amendment applying the initiative
and referendum to acts of legisla
ture affecting constitutional con
ventions and amendments............... I. A. 47, 661 18,701 28,910
Amendment to give cities and towns
exclusive power to enact and
amend their charters....................... I. A. 52,567 19,942 32,625
Amendment affecting compensation
of State printer.................................. I. A. 63,749
9,571 54,178
Amendment for initiative and refer
endum on all local, special, and
municipal laws.................................. I. A. 47,778 16,735 31,043
An act regulating custody of prison
ers, wages of jailers, etc....................
An act requiring railroads to grant
free passes to certain officials...........
An act appropriating funds for ar
mory ....................................................
An act appropriating funds for State
university...........................................
Act fixing season for salmon fisheries.
Act regulating fisheries...................... .
Act providing for popular election
United States Senators....................
Act, to restrict use of money in elec
tions....................................................
Act to create new county....................
Amendment for woman suffrage.......
Amendment giving cities exclusive
powers of control of theaters, race
tracks, etc...........................................
Amendment exempting from taxa
tion improvements on land.............
Amendment giving right to recall
public officers.....................................
Amendment authorizing propor
tional representation.........................
Amendment providing for choosing
of jurors and grand jurors.................
Amendment increasing salary of leg
islators ................................................
Amendment permitting location of
State institutions elsewhere than
at capital............................................
Amendment increasing number of
judges..................................................
Amendment changing regular elec
tions from June to November.........
M
£
H
COXGRESSiOX AL RECORD— SEXATE.
A labor leader: Alfred D. Cridge. editor of the Labor Tress, official
organ of organized labor in Oregon, s a y s :
" Before we had direct legislation, whenever we would ask a member
of the legislature to vote for some law for the protection or benefit of
the working masses he would say, 4 1 will think it over.’ Now they come
to us and say, ‘ Boys, what do you w a n t?’ They at least give us re
spectful consideration. Through the initiative we have secured a good
employers’ liability law and many other acts for the protection of the
life and limbs of men engaged in hazardous occupations.”
A farmer : Austin Buxton, former master of the State Grange and one
of (be leading farmers of the State, writes :
“After several years’ experience it gives me pleasure to give direct
legislation my hearty indorsement.
The people are not indifferent.
They realize the responsibility resting upon thc-in and thoroughly in
form themselves on measures. The results of the ballot on legislative
measures have been surprising to those who have predicted evil.”
A c a p i t a l i s t : Hon. W illiam M. Ladd, head of one of the oldest and
largest banking houses on the Pacific coast, and reputed to be the
richest man in the Northwest, after the election of 1910, said in a
public statem ent:
“ i would rather trust the people to vote on 32 or any other number
of important measures than the legislature.”
*
And Mr. Ladd was at one time a member of the legislature himself.
IV. NEVADA, 1905.
The amendment was submitted to the people at the general election
of 190b. The vote stood 4,393 for to 792 against. The total vote for
candidates was 12,050.
The provisions of the amendment w ere:
, .
No in i t i a t i v e .
R e fe r e n d u m on statute laws by 10 per cent petition.
No e m e r g e n c y cause. M a j o r i t y of “ the electors voting at a State
election ” is necessary to reject an act of the legislature. P u b l i c i t y
by newspaper advertising.
Under the provisions of this amendment only one law has been re
ferred to the people. This statute provided for the organization of a
State police force and carried an appropriation of $150,000 for its
support and maintenance. It was referred at the election of 1908.
The vote stood 9.954 ves to 9.078 no. The vote cast on the measure
was 80 per cent of the total vote for condidates, which was 24,520.
T h e i n i t i a t i v e a d d e d in 1912.
To require a m a j o r i t y o f a ll v o t e s c a s t in t h e e l e c t i o n to adopt a
law |instead of a majority cast t h e r e o n ]. subjects us to the rule of the
careless, indifferent, ignorant voter, instead of permitting the intelli
gent, interested voters, who study a question and then express their
wish, at the ballot box, to control.
“ Campbell R ussell,
E x S t a t e S e n a t o r , M e m b e r S t a l e B o a r d o f A g r i c u l t u r e .”
“ Not e.— In Oklahoma any question submitted to the people, either
by the legislature or by initiative, must receive a majority of all v o t e s
to be enacted. But the constitution gives the legislature or the
governor power to call a special election for such measures. Otherwise
they are referred at a general election. No initiative measure referred
to tlie people a t a g e n e t a l e l e c t i o n lias passed, although live important
measures were lost which received a majority of the vote cast
th ereon .
* * *
“ Most of the amendments in other States do not give the governor
or legislature power to call special elections, so the vast majority of
measures are submitted at general elections. Of course you see from
it that in general elections candidates are voted for and many ignorant
voters vote for candidates and do not vote on measures, lienee it is
difficult, in a general election, to get a majority of ‘ all the votes cast in
the election.
A t a special election, called to vote only on measures,
there are no candidates voted for, so this surplus of ignorant voters
who vote only for candidates do not come inlo such an election at all
“ Gov. Haskell favored the State capital bill, the railroad merger
amendment, and the ‘ grandfather clause’ in the amendment dis
franchising negroes. Hence he submitted them at special elections
Had he not favored them he would have left them over till the gen
eral election. The two he was especially interested in— State capital
and negro disfranchisement— carried. T h e y w e r e s u b m i t t e d a t s p e c ia l
e l e c t i o n s to m a k e su r e .
The danger of this is obvious. If the political
machine favors a particular thing it can get action. If not:, the pro
posed measure may wait and go down at the general election. The
expense problem is also important.”
ca st
T a b le o f v o t i n g s .
Ori
gin.
Oklahoma.
At the general election of 1912 an amendment providing for the
was submitted to the people and adopted. Figures not avail
able at this writing.
The provisions are :
Indirect c o n s t i t u t i o n a l a n d s t a t u t o r y i n i t i a t i v e , petition of 10 per
cent. A m a j o r i t y of the voters “ voting thereon” decides measures.
P u b l i c i t y is not provided for.
With the exception of having the “ majority joker ” in the refer
endum, Nevada has now a good system. The initiative has no “ re
strictions.” and the legislature is free to adopt the pamphlet system of
advertising proposed measures.
4733
Yes.
No.
in itia tiv e
V. M
ONTANA, 1906.
The amendment was submitted to the people at the general election
of 1906. The vote stood 30,374 for to 6,610 against. The total vote
for candidates was 56,041.
The provisions of the amendment are :
No constitutional initiative. Direct s t a t u t o r y i n i t i a t i v e , 8 per cent
petition. R e f e r e n d u m , 5 per cent petition. All petitions must be
signed in each of two-fifths of the counties of the State by the above
per cents. A petition of 15 per cent in a majority of the counties
is necessary to suspend the operation of a law until the vote can be
taken. A m a j o r i t y of the vote “ cast thereon ” decides measures. P u b
l i c i t y is secured by a pamphlet similar to Oregon.
The distribution of petitions required has proven so costly
and cumbersome that no use has been made of the amendment, although
several attempts have been made, until 1912, when, by dint of great
effort, the 1‘eople's Power League of Montana was able to secure peti
tions for the submission of the following measures.:
isV the initiative: A good direct primary la w ; a corrupt-practices
act:' direct election of United States Senators; a presidential primary
law.
By the referendum : The military law.
Results:
T a b le o f v o t i n g s .
Ori
gin.
Montana.
Yes.
No.
Major
ity ap
prov
ing-
Major Per
ity re cent
ject total
ing.
vote.
E C N 1912.—TO L V TE, 79,778.
LE TIO ,
TA O
Law providing for Stale militia.........
Corrupt practices act...........................
Presidential primary law....................
Popular election United States
senators...............................................
Direct primary law..............................
Purchase of insane asylum..................
R.
I. B.
I. B.
21,195
44,337
4(5,241
41,749
13,645
12,143
30,692
34,098
79
i2
73
I. B.
I. B.
L. A.
15,620
46,437
34,235
12.442
12,879
30,461
33,17S
23,558
4,774
72
74
80
20,554
VI. OKLAHOMA, 1907.
The initiative and referendum were a part of the constitution of the
new State upon being admitted into the Union in 1 9 9 1 .
the popular
vote upon the constitution stood 180.333 for to G>,0o9 against.
The provisions of the direct legislation section are:
. ...
C o n s t i t u t i o n a l i n i t i a t i v e , petition of 15 per cent.
S t a t u t o r y n n t ia ~ ■
■
- per cent, suspends law. E m e r g e n c y
riV ’ IllintSUieS.
tJ
-tL U
t JclJtU
lIV U
i-
---
pud inn measures. P u b l i c i t y is secured by a crude pamphlet sjstun
distributed at the primary election booths.
o
The (Oklahoma) jhutisuvu that requires a m ajoiity of all t a l c s
i uu i v/ivmmnmu provision
^
i
It
cast before a measure carries almost destroys the effect of om law.
ought bv all means to be changed or our initiative is a d ea d le t te r .
“ Prof. J. II. SAMTELL,
“ P r in c i p a l D e p a r t m e n t o f P o l it i c a l S c ie n c e ,
“ U n i v e r s i t y o f O k la h o m a .”
XL LX----- 298
Major Major
ity ap ity re
prov
ject
ing.
ing.
Per
cent
total
vote.
E E T N 1908.— O A V T ,
L C IO ,
T T L OE
257,240.
Sale of school lands..........................
Agency system..................................
Location Slate capital......................
Model capital citv......................
Torrens land system....................
I. B.
L. 1 .
5
L. 15.
L. 1 .
5
L A.
110,840
1 05
4 9
105,392 121,573
16,181
120,352 71,933 48,419 .............
117,411 75,792 41,649 .............
114,394 83,888 30,506
K
S
74
7
5
SPE IA ELEC N JU E 11, 1910.—
C L
TIO , N
TO L VOTE, 161,989.
TA
Law for location of State capital. . . I. B.
Amendment allowing merger of
90,515
64,501 32,014
108,205
9
9
10
0
1 5 4 3 106,222 29,221
3, 4
10
0
S E IA E E T N A G 2, 1910.—
P C L L C IO , U .
T T L V T , 241,665.
OA O E
Amendment regulating negro Irancliise................................................
I. A.
R G L R E E T N 1910.— O A
E U A L C IO ,
TTL
V T , 254,730.
OE
R.
Woman’s suffrage amendment....... I. A.
Local option amendment................ J. A.
Bill establishing model capital city. L. B.
Pro rata distribution corporations’
L. A.
Amendment permitting railroads
L. A.
80,146
88,808
105,041
84,336
101,636
83,169
106,459
11 76
1! 3
126,1IS
1S89
1, 9
43,133 58,503
27,994 1
39, 8
80
20,077
34,533
8
5
9
1
80
57
54
VII. MAINE, 1908.
The amendment was submitted at tlie general election of 1908. The
vote stood : 51,991 for, to 23,712 against. The total vote for candi
dates was 106,335.
The provisions of the amendment a r e :
No constitutional initiative. S t a t u t o r y i n i t i a t i v e , petition of 12.000
votors. R e f e r e n d u m , petition 10,000 voters. E m e r g e n c y , well guarded;
a two-thirds vote of the legislature permits a law to become operative
at once, but it is still subject to referendum. A m a j o r i t y of tlie “ vote
given thereon ” decides measures. P u b l i c i t y is secured by the distribu
tion of sample ballots containing the titles of the measures voted upon
The most notable achievement of the people of Maine lias been tlie
adoption by the initiative of a good direct primary law, after tlie law
had been rejected by the legislature.
Tlie absence of the constitutional initiative is a serious defect in the
Maine amendment. It was omitted from the amendment in deference
to the temperance people, who did not want the question of State-wide
prohibition even submitted to the people. Behind this “ cover ” lay the
opposition of tlie usual corporation lobby. Thousands of acres of forest
lands and “ wild la n d s” in northern Maine are owned by the railroads
and a few private individuals. These lands under the protection of the
present constitution are_ taxed at much less than their real valuation.
Also the forests are being destroyed, and the water-power rights are
being given away.
All these things, and other things, are serious
economic problems for the State, and the manner in which they have
been handled by the political bosses has retarded the development of
the Commonwealth. Maine will not he free until the people get control
of the constitution. The use of the referendum was. until 1911. con
fined chiefly to the settlement of a few local questions which had no
proper place upon the State ballot. They should have been left for
tlie people of tlie localities interested to adjust. But they constituted a
rebuke to the legislature for unwarranted interference in local affairs
and favoritism to the vested interests.
CONGEE,SSI ONA L RECORD— SENATE
'A
4734
also on the prohibition question. Rut this did not overshadow the elec
tion. Other questions were decided on their merits, b e c a u s e t h e p e o p l e
T a b ic o f v o t i n g s .
Ori
gin.
Maine.
ELECTION 1909“ TOTAL VOTE,
Yes.
Ma
Ma | Per
jority jority j cent
approv reject ; total
ing.
vote.
ing.
No.
141,031.
Act fixing per cent of alcohol in
liquors.................................................
A ct dividing town of Y ork and ereating town of Gorges............................
Act authorizing reconstruction of
Portland Harbor bridge.......
9,328
R.
R.
50
15,030
8,700
31,093 40,475
19,692 34,722
21,251 29,851
R.
M rch 3
a
,
3
9
36
had o p p o r tu n ity to ed u c a te th e m s e lv e s u p on th e m .
IX. MICHIGAN, 1908.
A new constitution, the work of a constitutional convention, was
adopted by the voters of Michigan in 1908. A m ajority of the delegates
to this convention were pledged to the initiative and' referendum but
the railroad lobby proved too strong. The direct-legislation section pro
vides for a c o n s t i t u t i o n a l i n i t i a t i v e , 20 per cent petition, and initiated
amendments go to a vote of the people, “ unless the legislature in joint
convention shall disapprove of the proposed amendment by a majority
of the members elected.”
'The high percentage for the petition lias been found impracticable, so
no use lias iieen made of the provision. The power given the legislature
to prevent the submission or an amendment petitioned for is contrary
to the whole purpose of the initiative.
X. ABKAXSAS, 1910.
SPECIALELECTION 1
911—
TOTAL VOTE,
120,948.
L. A.
I.B .
Changing State capitol from Augusta
L. A.
L. A.
G ,095
O
65; 810
41,294
39; 242
60.853
2L 77 44,036
4
59,678
18,393
38,712
530
1
00
72
8
4
E lection 1912— otal vote, 142,266.
T
Act changing ballot and election law..
Amendment for issue of $2,000,000
R.
L. A.
72,816* 33,884 38,932
80,619 21,454 59,165
Tin. M
ISSOU
BI,
7
5
7
1
10.
98
The amendment was submitted at the general election of 190S. The
vote stood: 177.615 for, to 147,290 against. The total vote for candi
dates was 715,874.
The provisions of the amendment a r e :
Direct c o n s t i t u t i o n a l a n d s t a t u t o r y i n i t i a t i v e , petition “ not more
than 8 per c e n t; reduced by legislature to 5 per c e n t; distributed in
two-thirds of the congressional districts. R e f e r e n d u m , petition 5 per
cent distributed as initiative. E m e r g e n c y declared by majority of the
legislature, and removes law from power of the referendum. M a j o r i t y
of the votes “ cast thereon ” decides measures. P u b l i c i t y by old system
of advertising in newspapers.
The Missouri provision, which requires the requisite percentage of
signatures (5 per cent for both initiative and referendum) to be secured
in each of two-thirds of the congressional districts, has been found more
expensive and difficult to overcome than was anticipated. The futility
of publishing proposed measures in newspapers, which system was
adopted by the Legislature of Missouri, is demonstrated by the results
of the election of 1910.
An amendment ivas submitted to the voters at the State election of
1910. The vote stood 91,303 for to 39,680 against. ’The total vote for
candidates was 150,412.
The provisions of the amendment a r e :
Direct c o n s t i t u t i o n a l a n d s t a t u t o r y i n i t i a t i v e , petition, 8 per cent.
R e f e r e n d u m , 5 per cent, does not suspend law.
E m e r g e n c y , declared by
a majority of the legislature, inhibits the referendum. M a j o r i t y of the
votes “ east thereon ” decides measures. P u b l i c i t y is secured by news
paper advertising.
An ambiguity in tlie initiative clause of the amendment led to some
confusion. The section reads :
“ The legislative power o f this State shall be vested in a general as
sembly, which shall consist of a senate and a house of representatives,
but the people of each municipality, each county, and of the State reserve
to themselves power to propose laws and amendments to the constitu
tion and to enact or reject tlie same at the polls, etc.”
It was claimed by some that this gave cities and towns the right to
enact laws and constitutional provisions in defiance of the State consti
tution. That the legislators had any such intention is of course absurd.
There is no doubt but that the section was carelessly worded in an en
deavor to he brief and include the State-wide and local initiative in one
sentence. The matter went to the supreme court, and it "was decided
that no local measure could override the State constitution.
The Arkansas Legislature in an enabling act adopted the newspaper
method of publishing proposed measures. The election of 1912 demon
strated in Arkansas, as elsewhere, that this is frightfully expensive and
does not meet the need of educating the voters upon the issues submitted.
T a b ic o f v o tin g s .
Ori
gin.
Arkansas.
Major
ity ap
prov
ing.
Major Per
ity re cent
ject
total
ing.
vote.
Yes.
No.
56,806
67,995
56,361
63, 782
78,230
83,701
71,532
72,553
103,242
71,946
34,193
58,721
69,049
13,225
80
76,239
54,108
22,131
77
T a b le o f v o tin g s .
Missouri.
Ori
gin.
Yes.
No.
Ma
jority
approv
ing.
Ma
jority
reject
ing.
Per
cent
total
vote.
218,125
95
E E T N 1910— O A V T ,
L C IO
T TL OE
671,767.
Prohibition amendment................
Tax levy for support State univer
sity in nlace of appropriations...
Police pensions................................
Teachers’ pension fund...................
Tax levy road fund.........................
Method of amending city charter,
St. Louis......................................
New State capitol building...........
Permitting increase county debt..
Increase per diem of legislature.. .
To install voting machines............
To allow increase city tax rate
limit...............................................
ELECTION
207,281
425,406
I. A.
L. A.
L. A .
L. A.
181,659
132,354
122,063
170,847
344.274
fU >
.r
384, 774
252,420
389,647
267,584
347,561 ............. 176,802
71
76
77
L .A .
L. A.
L .A .
L .A .
L .A .
138,942
188,259
150,174
95,045
133,509
349,147
332,858
337,984
385, 765
352,915
210,205
144,599
187,810
290, 720
219,346
72
71
71
110,283
374,942
264,659
72
77
1912—
TOTAL VOTE,
699,210.
Graduated tax on land values___
Establishing State tax commission
Giving grand juries right to inves
tigate election frauds...................
For a tax levy for State university.
Extending age limit of admission
to public schools..........................
Increasing debt limit of St. Louts
for sewers, etc...............................
Changing tax rates..........................
Changing time of legal residence
before citizen can vote................
To authorize registration of voters
in counties.....................................
1912—
total
169,649.
vote,
Revision of tax laws, etc.................... R.
I.B .
Amending election laws..................... I.B .
State text-book commission.............. I.B .
Limiting legislative sessions to 60
I. A.
Recall of elective officials................... I. A.
Permitting cities to issue bonds for
certain improvements . . . 1 ............. L A .
21,424
15 705
15,171
8,751
80
90
75
80
77
XI. COLOBADO, 1910.
A t a special session of the legislature, called by Gov. Shafroth, in
September, 1910, an amendment was passed and submitted to the people
at the general election in November.
The vote stood 89,141 for to
28,(598 against. The total vote for candidates was 213,275.
The provisions of the amendment are :
Direct c o n s t i t u t i o n a l a n d s t a t u t o r y i n i t i a t i v e , petition of 8 per cent.
R e f e r e n d u m , petition of 5 per cent, suspends law.
E m e r g e n c y , declared
by a majority of the legislature, prevents use of the referendum. M a j o r
i t y of the votes “ cast thereon ” decides measures.
P u b l i c i t y : Amend
ment provides specifically for newspaper advertising.
XII. ABIZONA, 1911.
I. A.
1. A.
86,647
96,911
508,137
475,151
42). 490
378,240
85
82
I. A.
I. A.
197,643
154,952
348.495
401; 8-13
150,852
246', 891
78
79
An enabling act, providing for the admission of Arizona and New
Mexico as States passed Congress .Tune 20, 1910. On October 10 the
Arizona.
Ori
gin.
Yes.
No.
L .A .
L 4
L .A .
L .A . ...............
Major Major- Per
ity ap ity re- j cent
prov
ject- i total
ing.
ing.
vote.
election 1
912—
total vote.
.........
L .A .
The above figures, as far as they go, were furnished by the secretary
of state and are authentic. The onslaught on the single-tax amendment
carried everything down.
Dr. W illiam Preston Hill and other keen observers estimate that not
over one-tliird of the voters were reached by the newspapers, and thus
had no adequate knowledge of the merits of the questions voted upon.
They did know that many of the amendments offered by the legislature
increased the tax burden and that the prohibition question was to be
decided. Missouri has large brewery interests, and the State is decidedly
“ wet.” The brewery interests, which had unlimited funds, were able
to monopolize the publicity field. There was a general disposition to
vote “ no.” Thus the meritorious amendment placing the State univer
sity on a tax-levy basis for financial support, instead of by appropria
tions by the legislature, went down with the rest. The voters can not
exercise d is c r i m i n a t i o n unless they are properly informed. The pamphlet
system is the one effective method of doing this. In 1910 Oregon voted
election,
Full train crew law..............................
Electric-headlight law..........................
Law requiring railroad engineers and
conductors to he experienced men.
Law reducing passenger rates to 3
cents per mile.....................................
Law providing semimonthly pay
day.......................................................
Game-license law..................................
Equal-suffrage amendment.................
Recall of judges.....................................
Giving the State and municipalities
the right to engage in industrial
pursuits...............................................
Giving legislature right to regulate
tax assessment...................................
Extension of bond indebtedness of
school districts for education...........
R.
R.
R.
R.
R.
R.
R.
R.
I. A.
L. A.
13,551
1L1 3
2
11,285
10,921
10,709
14, S 3
2
13,3.50
13,150
13,452
16,272
L .A .
14,928
L. A.
15,967
15,357
L .A .
5,804
7,635
7,408
7,956
8,228
7,747
3,488
3,877
2,965
2,481
4,833 9,990
5,976 7,374
6,334 7,816
6,202 7,250
3,491 12,781
3,602 11,326
2,283 13,684
2,6 2 12,675
S
CONGRESSIONAL RECJORDdelegates to the constitutional convention, elected by tbe people to draft
a constitution for the new State, met at Phoenix, and the constitution
thus framed was submitted to the electors on February 9, 1911. It was
approved by a vote of 12,534 for to 3,920 against.
The initiative and referendum provisions are as follow s:
Direct c o n s t i t u t i o n a l i n i t i a t i v e , 15 per cent petition. D i r e c t s t a t u to r i/
i n i t i a t i v e , 10 per cent petition.
R e f e r e n d u m , 5 per cent petition, sus
pends operation of law. E m e r g e n c y , declared by a two-thirds vote o f
legislature, inhibits referendum. M a j o r i t y of the votes “ cast thereon
decides measures. P u b l i c i t y is made mandatory.
The first legislature of the new State, which met in March, 1912.
passed an act establishing the pamphlet system of publishing proposed
measures similar to that used in Oregon.
XIII. NEW MEXICO, 1911.
New Mexico was admitted under the same conditions as Arizona (see
above). The proposed constitution was adopted by the people on Janu
ary 21, 1911, by a vote of 31,724 for to 13,399 against.
The direct legislation provision is : R e f e r e n d u m only, petition of 10. per
cent, distributed in each of three-fourths of the counties, may submit a
law for repeal at the next election. A petition of 25 per cent, filed in JO
days from adjournment of the legislature, and distributed in each of.
three-fourths of the counties, will suspend a law and submit it to a vote
at the next election. M a j o r i t y of votes “ cast thereon” determines, but
40 per cent of the total vote must be cast against a law to secure its
rejection.
The provision is, of course, a fraud. The petition required is pro
hibitive both in respect to size and the distribution in three-fourths of
the counties.
XIV. CALIFORNIA, 1911.,
The amendment was adopted at a special election held on October 10,
1911, at which a group of 23 new constitutional amendments were sub
mitted to the people. The vote on the initiative and referendum stood
138,181 for to 44,850 against.
The provisions of the amendment arc : Provides for both direct c o n
s t i t u t i o n a l i n i t i a t i v e , by petition of 8 per cent, and indirect c o n s t i t u
t i o n a l i n i t i a t i v e , by petition of 5 per cent.
S t a t u t o r y i n i t i a t i v e is on
the same basis. R e f e r e n d u m , petition of 5 per cent, suspends operation
of the law. E m e r g e n c y , declared by two-thirds vote of legislature, does
not remove law from power of referendum. M a j o r i t y of votes “ cast
thereon’ ’ ’ decides measures. P u b l i c i t y is to be had through system pro
vided by legislature and made mandatory.
Figures for the November, 1912, election are not yet available, but
the following letter to Equity, from Mr. William C. Clark, of Oakland,
is very inform ing:
“ Your letter of October 10 was duly received. I have been waiting
to get the complete returns on the measures submitted to the electors
at the November election before writing you as you desired. Owing to
court proceedings the returns are tied up in some of the counties and I
have been as yet unable to get the returns. However, I thought it best
not to wait longer for the statement you desired. Let me first say that
I think the electors showed wisdom in carrying the measures they did
and in defeating those they did. Perhaps I take this view as only those
measures were carried which 1 myself voted for.
“ A t the election held November 5 there were eight measures submit
ted to the electors for their approval or rejection. Two of these were
constitutional amendments passed by the last (special) session of the
legislature by the requisite two-third vote of all members elected to each
house.
The first of these added irrigation distret bonds to United
States, State, county, municipal, and school-district bonds, as being suffi
cient when approved by the proper officers to secure State moneys de
posited in the banks iii the State. This amendment carried by a very
large majority. The second amendment provided for free textbooks in
the public schools of the State (excepting high schools).
This also
carried by a large majority.
“ The next three measures were related laws passed by the last
(special) session and submitted by referendum petition. They created a
new office of “ register of voters.” While the law had to be general in
terms for all the counties, by making the salary merely nom inalin most
counlies and combining the office with that of county clerk (who now
performs the duties transferred to the register by the new laws) it in
effect amounted to special legislation for practically but one county. It
was a political law to'oust the county clerk in that county from such
influence over elections as such position gave him and conter the^ duties
through appointment by the board of supervisors on one ot their own
men by the faction then in control of the board. All three measures
were rejected by the electors by decisive majorities. _
“ The last three measures were submitted by initiative petition. All
were beaten at the polls. The first of these initiative measures was a
constitutional amendment primarily for the purpose of enabling San
Francisco to annex surrounding territory, if approved by the voters
of such territory and the counties affected at an election to be held for
that purpose. It was an unfair measure in that it limited the popula
tion of the territory that might be included in such combined district
to 350 000
This made it apply only to San Francisco and Los Angeles.
It was fought vigorously by Oakland, as, if adopted, it would enable
San Francisco to annex Oakland, while preventing Oakland from annex
ing surrounding territory under its population limitation and at the
same time, by omitting a present provision of the constitution, making
it impossible for Oakland to form a city and county government for
itself.
“ The next measure permitted betting on horse races within the racing
parks by the Paris and mutual systems of placing bets._ The last legis
lature had cffectuallv stopped betting on horse races; this measure under
a somewhat misleading title again permitted betting on races. It was
beaten by a big majority.
,
.
“ Xlie last initiative measure was tbe so-called liomo-rule taxation
amendment to the constitution. It permitted the classification by the
Francisco and Los Angeles, but'w as beaten in the State at large.
“ Summing up, the two amendments to the constitution proposed by
the legislature were adopted by large majorities. The three referendum
measures, all forming together but one proposition, were rejected by
the electors. All three initiative measures— two constitutional amend
ments and one law— were rejected by the electors. If I get the returns
soon, 1 will send them to you.
“ W m . C. C lark .”
“ Very truly, yours,
ATE.
47:35
T a b ic o f v o t i n g s .
Major
Major
ity ap
ity re
proving. jecting.
Ori
gin.
California.
Yes.
R.
115,921
171,076
279,805
119,863
169,321
316,070
196,201
197.201
L .A .
313,113
171,186
171,957
L .A .: 307,199
128,411
I’er
cent
total
vote.
105 729
I. B.
I. A.
178,783
No.
E E T N1912.— O A V T .
L C IO
T T L OE
Law making office of county reg
istrars appointive.......................
Permitting consolidating of mu
nicipalities into “ Greater San
Francisco ” ..................................
Authorizing State commission
for race-track auction pools___
For county homo rule in taxation.
For free textbooks in public
schools..........................................
Legalizing irrigation bonds as se
curity for State loans.................
109,127
XV. NEBRASKA, 1012.
The amendment was adopted at the general election of 1912. The
vote stood 189,200 for to 15,315 against. Total vote, 259,124
This
unusual majority is accounted for by the fact that the question was
placed in the column with candidates and received every straight party
vote in its favor unless the voter specifically crossed ‘out the amend
m ent
This mode of amending the constitution has been adopted to
overcome the difficulty of securing a majority of “ all votes cast in the
election ” to adopt an amendment as required by the constitution.
Whenever a political convention or a party iu a primary vote adopt an
amendment it is placed on the ballot with candidates of that party and
gets the straight vote. This is an unjust method, hut the only possible
way to make changes with the majority joker in the constitution.
The provisions of the amendment are : Direct, c o n s t i t u t i o n a l i n i t i a t i v e ,
petition of 15 per cent. S t a t u t o r y i n i t i a t i v e , petition of 10 per cent!
R e f e r e n d u m , petition of 10 per cent suspends operation of law.
Twofifths (36) of the counties of the State must each furnish a quota of 5
per cent toward all petitions. E m e r g e n c y , by a majority vote of legis
lature, does not inhibit referendum.
M a j o r i t y of the votes “ east
thereon ” decides measures, hut amendments to the constitution must
receive also a favorable vote of 35 per cent of the vote cast in the elec
tion. P u b l i c i t y is not provided for.
Also, amendments concerning the following subjects were carried by
large majorities at the 1912 election:
Legislative salaries.
Board of control.
Biennial elections.
Home rule.
XVI. WASHINGTON, 1912.
The amendment was adopted November 5, 1912, by tbe following vote :
Yes.
Total vote cast for President, 322,799.
Initiative and referendum amendment....................................
Recall amendment.......................................................................
No.
110,110
43,905
46,372
112,321
Per
cent
total
vote.
50
52
No constitutional initiative.
S t a t u t o r y i n i t i a t i v e , both direct and
indirect, on petition of 10 per cent, but not to exceed 50,000 voters
R e f e r e n d u m , on petition of 6 per cent, but not to exceed 30,000 voters,
suspends operation of law. E m e r g e n c y by a majority vote of legisla
ture inhibits referendum. M a j o r i t y of the votes “ cast thereon” decides
measures, but one-third of the voters must vote on them.
P u b lic ity
made mandatory on legislature.
WYOMING.
Wyoming voted on an amendment November 5, 1912, but it was lost
by tiie following vote :
Total vote cast----------------------------------- ------------------------------------------------ 42, 290
For the initiative and referendum amendment____________________ 20, 5 7 0
Against the initiative and referendum amendment_______________
3, 440
Necessary to pass------------------------------------------------------------------------------- 21, 149
571,
Failed by--------------------------------------------------------------------------------------------Because it failed to get a “ majority of all votes cast in the election ”
Per cent total vote east on amendment, 57.
It is fortunate that the amendment was lost, as it was full of
“ jokers.” It required 25 per cent petitions, which requirement is pro
hibitive, no emergency provision, and majority “ at such election ” re
adoption, and then the good people of that State will doubtless adoiit it
with a majority of “ all votes cast in the election.”
MISSISSIPPI.
Mississippi also voted on an initiative and referendum amendment in
1912. It was also carried by a majority vote, but was lost on account
of the “ all votes cast in the election ” provision in the present consti
tution.
The vote w a s :
For----------------------------------------------------------------------------------------------------------25, 153
A g a in st-------------------------------------------------------------------------------------------------- 1 3 ,3 8 3
Total vote-------------------------------------------------------------------------- ------G4, 529
Failed to pass, since it did not get a majority of all votes east.
For the provisions of the amendment submitted, see July, 1912
Equity, page 98. It will he seen that the petitions were much too high!
and that the “ majority of all votes cast in the election” joker is pres
ent as to the initiative, the very one in the present constitution that
caused the above defeat. Doubtless the good people of Mississippi will
CONGRESSIONAL 11ECORD— SENATE
soon have an opportunity to vote on a much better amendment and
carry it.
MONTANA “ BEFORE TAKING” THE INITIATIVE AND REFERENDUM.
[W e desired to present in this issue several “ before and a fte r ” con
trasts— that is, before “ tak in g” the initiative and referendum and
after. W e have not been able to get as much matter of that kind as
we desired, but the following, from Dr. W . G. Eggleston, now of Port
land, Grog., presents Montana very graphically.— Ed.]
Previous to 1896. when I went to Montana as editor of the Helena
I n d e p e n d e n t , there had been some sporadic discussion of direct legisla
tion in that State. In 1896, Robert B. Smith, Populist, was elected
governor on a Democratic-Populist fusion ticket. In his message to the
legislature of 1897 he recommended the submission of a direct-legisla
tion amendment, but the recommendation was rejected by the demo
cratic majority, which was controlled by Marcus Daly, acting for him
self and the railroads.
Montana was then, as it is now, a politically “ rotten borough." The
people had but little more voice in making the laws under which they
had to live than in making laws for Yucatan or Nova Scotia. As com
pared with what the people got or could get in the way of beneficial
legislation, the crumbs gathered by Lazarus were a banquet.
Legislative bribery was usual and notorious.
In the legislature of
1897, ono poor fellow, after receiving his share of spoils, became intoxi
cated and talked.
He was expelled from the house, not so much for
taking a bribe as for committing the crime of mentioning it in public.
Some of the men who voted to expel him were more guilty than he.
The State election of 1898 was fought on the issue of “ W . A. Clark
for the United States Senate ” ; and in that year, and in the legislature
of 1899, when Clark was first “ elected,” Montana’s political clearing
house figures attained a dizzy apex ; but even those figures did not mark
the extent of political and legislative corruption in the State, for in
addition to sums paid for Clark votes, some of the “ incorruptible
tribunes of the people ” received as much as $10,000 each not to vote
for Clark.
Joseph K. Toole, who forced the initiative and referendum into prac
tical politics in Montana and made it a “ question before the house,”
was elected governor in 1900. The legislature of 1901, which elected
Clark the second time, was about as bad as its predecessors. In 1902
Senator Clark and the Amalgamated Copper Co. formed a sort of “ holy
alliance,” oue of the objects of which was to eliminate Toole from pol
itics.
The result was the practical annihilation of the Democratic
Party in Montana.
The State senate remained Democratic, hut the
house was captured by the Republicans. After the election, Gov. Toole,
being impressed with the desirability of a direct primary law and
other reforms, made a study of the Oregon initiative and referendum
amendment and its results, and in a strong message urged the legisla
ture to submit the Oregon amendment to the people. The Republican
house, wishing to make a record that meant nothing, adopted a clumsy
counterfeit of the Oregon amendment and sent it to the Democratic
senate.
If that reactionary and crooked senate had understood the measure
adopted by the house, it would have submitted it to the voters. But,
being as ignorant as it was crooked, it vainly imagined that the toy
balloon was a menace to established institutions and killed it.
In December, 1003, F. Augustus Hcinze called a mass meeting at
Helena, and unto the meeting twin political parties were born— the anti
trust Democratic Party and the antitrust Republican Party.
The
platform adopted by the twins consisted of Gov. Toole’s message of the
preceding January to the legislature. That act frightened the Repub
licans, for the legislature to be elected in 1904 was to elect a United
States Senator.
W ith perhaps a dozen exceptions, the Democratic and Republican pol
iticians of the State were opposed to direct legislation, hut the Montana
Direct Legislation League, a formidable body of seven or eight men,
made so much noise that the machine politicians believed the whole
State was enlisted for the initiative and referendum. To curry favor
with the voters, the Republicans held their State convention first,
though the Democrats were in power, and prepared a glittering platform
that declared for practically everything in Gov. Toole’s message, but
everything was “ carefully safeguarded ” by hand-picked weazel words.
The Democratic convention met and adopted a platform in which
every plank meant what it said and said precisely what was wanted.
The Republicans captured the legislature and claimed that the people
had indorsed their “ carefully safeguarded ” straddle of direct legisla
tion, which in the campaign was construed to mean everything, and sub
sequently construed by the Republican caucus to mean almost nothing.
That party caucus, practically every member of which was untrue to his
oath of office, gave a political gold brick to the people.
During the campaign of 1906, when the initiative and referendum
was on the ballot, it was ignored by the newspapers— except two, one
of which bitterly opposed it— and by the politicians. The people heard
of it only through the circulars issued by our small but noisy Direct
Legislation League, which had less than $1,000 to spend to circularize
45,000 voters. Yet the amendment was adopted by a majority of about
6 to 1. I have not the county figures at hand, hut my recollection is
that it carried in every county.
In justice to myself, I should explain that at that stage of the
growth of direct legislation I believed it would be injurious to the
initiative and referendum to have a State reject an amendment for the
reform. Hostile newspapers and politicians would have carefully re
frained from explaining that the measure was seriously defective, and
an adverse vote would have been heralded and advertised all over the
country as “ the vote of a great and progressive State against the
initiative and referendum fad.” But for that certainty the amendment
would have been killed in the legislature of 1905 by the sincere friends
of the initiative and referendum. In the present stage of the growth
of direct legislation it would be worse than folly for any friend of the
movement to accept such an amendment as was submitted and adopted
in Montana.
A . G. Eggleston.
Y
However, as we have recently seen, something has been accomplished
in Montana with the amendment as adopted. Accompanying the above
article, Dr. Eggleston sent a letter so scintillating that we obtained his
permission to present it h ere:
“ Sec how generous I am. You asked for 500 words, and I have
given you about 800, because I have heard that the Lord lovetli a
cheerful giver, and it’s too much trouble to boil words now after I have
done nothing but boil and boil for the last 18 months. I have had to
do so much condensing that I feel as if I ’d like to spill an unabridged
dictionary into any car or column that offers itself.
H aech
o
O
“ Anyway, trying to compress a Montana situation of 10 rears in»o
500 words is like carrying Lake Superior around in a pocket liask
Oregon is the eighth State in which I have lived and taken an active
interest in polities, and I have known personally every member o f 1 0
legislatures in different States. It is my deliberate opinion that a Mon
tana Legislature of 100 members could sit blindfolded in a political
poker game and skin an average Illinois Legislature down to a necktie
and a pair of socks.
“ In 1907 I reported both houses of the Montana Legislature, and
got so cross-eyed watching the bunch that I had to walk sideways to
find my way home. In an assemblage of Montana legislators the'm ost
corrupt and degenerate gas meter becomes an emblem of purl tv honor,
and respectability.”
NEVADA.
Possibly Montana was an exception— a “ horrible example.”
Let us
hope so. Senator Newlands, of Nevada, answered our inquiry as
follows :
“ I do not know that there was anything particular in the political
conditions that prompted the adoption of these reforms except the fact
that Nevada has been practically under Democratic control for the last
15 years and that the advanced legislation under Democratic influence
has been upon the lines of political progress, such lines as have been
pursued in Oregon and AVisconsin.
“ Shortly after the referendum was adopted we had occasion to test
it in a vote regarding the State police bill, which was passed by the
legislature of 1907 for the maintenance of public order, there being no
militia in the State. The test under the referendum was made very
shortly after the serious strike at Goldfield, during which lime llic
Federal troops were ordered by Mr. Roosevelt into Nevada. The dis
cussion of this bill in the campaign of 1908 led to an exhaustive con
sideration on the stump and before the people of the requirements of
public order, with the view to securing the rights of labor as well as
the rights of property. The result of the very thorough discussion was
that the State police bill was sustained by a popular vote. I think that
the discussion was an enlightening one to the entire people of Nevada,
and tended to strengthen the foundations of public order.
“ V e r y sincerely, yours,
“ F rancis G. Newlands.”
LOUISIANA.
Louisiana is not a direct-legislation State, but there were 19 constitu
tional amendments submitted to its voters November 5. Yet there was
no complaint about the great n u m b e r , and any strain on the intellects
of the voters by requiring a vote on all these “ in a single day.” These
specious arguments are brought forward only as against measures
brought to a direct vote b y t h e p e o p l e , by means of the initiative and
referendum. AVhen the l e g i s l a t u r e submits many measures to a direct
vote, it is all right.
Another thing that Louisiana proves r That the voters are aide to
vote discriminatingly, even when so many amendments are presented at
one time. Only incomplete figures are as yet available, so we can not
present details until next issue, but the figures at hand indicate that
10 of the amendments were adopted and 9 rejected. Further, that the
adoptions were by heavy majorities, most of them 4 or 5 to 1, and the
rejections were almost equally decisive except one. Here we find no
general inclination to vote either yes or no, hut there was sharp dis
crimination.
Another th in g : A study of the text and vote indicated that the negro
voters were not in evidence on these amendments. A reopening of the
“ grandfather clau se” for the purpose of allowing illiterate whites to
vote was adopted by almost 4 to 1. Our contention has always been
that ignorance, neither white nor black, will, as a rule, vote on meas
ures submitted. Ignoraut voters will usually vote for candidates, but
they have not the interest nor intelligence to vote on measures. There
fore neither the negro vote in the South nor the ignorant foreign vote
in the North need be feared.
THE INITIATIVE AND REFERENDUM IN COMMITTEE GOVERNMENT.
The National Progressive Party will “ take its own medicine.”
Tt
advocates the initiative and referendum and will use these instruments
in the government of its committees. A t the meeting in Chicago, De
cember 11, the following was adopted:
“ AA'hereas the principles relative to popular government embodied in the
National Progressive platform should lie applied to all national,
State, and local committees of the Progressive Party wherever not in
conflict with State la w s : Therefore be It
“ R e s o l v e d , That 25 per cent of the membership of the national com
mittee may join in a petition requesting the chairman or executive com
mittee to adopt some certain policy or motion, and if said chairman or
executive committee fails or refuses to accept such recommendations
the petitioning members may initiate it.”
AN ERA OF CONSTITUTION REVISING.
The example of Ohio, and a steadily increasing realization that old
constitutions do not meet the needs ol’ the present time, lias caused
the progressive people of many States to advocate the calling of con
stitutional conventions in the near future. It now seems probable
that constitutional conventions will he called, perhaps during 1913. in
Pennsylvania, New Jersey, and New York. The process of amending
seems now to be too slow to satisfy the popular demand. The old
State constitutions will probably meet the same fate that many of the
old city charters have met, and that many more will meet.
Two things are uppermost in the minds of those who advocate con
stitutional conventions ; they are, first, public control of public affairs
by means of the initiative, referendum, and re c a ll; second, local auton
omy, by means of abolishing the bondage under which cities have been
to State legislatures, and the establishment of complete home rule for
municipalities and counties in all matters of entirely a local nature
Many other things are also prominent in the minds of progressives
of all parties, as adequate corporation control, the prevention of cor
rupt political practices, the regulation of the hours of labor of women
and children, etc. But as these things can be gotten by statute, con
stitutional changes are not necessary. But constitutional changes are
necessary to get the initiative, referendum, and recall, home rule, etc
If we may venture to express our wish, it is th is : AVe hope that
States, particularly important States like those mentioned above, will
not be in a great hurry to call constitutional conventions. Let us do
what we can by statute and the slow process of amending for the
present. A ’ e are on the eve of important developments in the processes
A
of government. Let these be developed and tried out in a small way
jr
A
19
CONGRESSIONAL RECORD— SENATE.
which now seems probable in the next few years. These demonstrations
will throw a strong light upon the problem of what the future State
government should be.
TIIE INITIATIVE AND REFERENDUM IN MUNICIPAL GOVERNM
ENT.
The progress of the State-wide initiative and referendum has been
rapid, hut its application to town and city government has been still
more rapid. This is due, no doubt, to the fact that legislatures have
the power to confer these powers upon local governments without first
securing a constitutional amendment. This can be done either by a
general law, special charters, or through general acts permitting cities
to adopt the commission form of government. The tremendous growth
of the latter has greatly accelerated the movement for self-government
in cities, as has also the “ home-rule” movement. The following is a
general view of the present status of the initiative and referendum in
municipalities, with the percentages required on petition.
1 .— s t a t e s
in w h i c h t h e S t a l e -w i d e i n i t i a t i v e a n d r e f e r e n d u m
tio n a l a m e n d m e n t e x t e n d s t h e s e p o ic c r s to c itie s.
c o n s ti t u
Percentage Percentage
required
required
for initia for referen
dum peti
tive peti
tions.
tions.
State.
5
5
10
15
10
16
villi city to
Optional \
adopt initiative and
referendu m and fix
Legislature
details,
has powe r to pass a
uniform 1aw.
10
15
10
15
10
15
15
10
I I . r -S ta te s
te h ic h
h a v e p a s se d g e n e r a l a c t s e x t e n d i n g
a n d r e f e r e n d u m t o c itie s.
Kansas (first-class.......................
cities)
Special
election.
25
25
40
in itia tiv e
Referendum.
Initiative.
States having general laws empower
ing cities to adopt the initiative
and referendum.
th e
Ordi
nances,
General
general
election.
or special
election.
10
10
25
25
25
“ INITIATIVE.
“ Ordinances may be brought before councils upon the initiative peti
tion of 15 per cent of voters.”
1
— The
in itia tiv e and referen d u m
“ c o m m i s s io n f o r m ”
in in d iv id u a l c i t ie s
o f g o v ern m en t.
Initiative.
h a v in g
th e
Referendum.
“ Commission form” cities.
Special
election.
Port Huron, Mich........................
Pontiac, Mich...........
Wyandotte. Mich............................
Mankato, Minn................................
Forth Worth, Tex...............................
Dallas, Tex..................................
Austin, Tex.........................................
Colorado Springs, Colo................................
Grand Junct ion, Colo....................................
San Diego, Cal..............................................
Berkeley, Cal................................................
Modesto, Cal.................................................
Oakland, Cal................................................
Vallejo, Cal....................................................
Santa Cruz, Cal..............................................
Monterey, Cal...............................................
San Luis Obispo, Cal....................................
Sacramento, Cal.............................................
Lowell, Mass..................................................
Lawrence, Mass.............................................
Gardiner, Me................................................
Haverhill, Mass............................................
Gloucester, Mass............................................
Lynn, Mass.....................................................
Parkersburg, W. Va.....................................
Wilmington, N. C.......................................
Greensboro, N. C.................................. : ___
Cartersville, Ga...........................................
Chattanooga, Tenn........................................
Knoxville, Tenn............................................
Montgomery, Ala...........................................
Stockton, Cal..................................................
Tacoma, Wash...............................................
Spokane, Wash..............................................
Everett, Wash..............................................
Lewiston, Idaho.............................................
New Orleans, La...........................................
Regular
election.
Special
election.
25
20
25
20
25
25
20
25
15
25
15
10
15
15
25
15
15
20
20
25
15
20
25
25
25
25
20
35
25
25
25
40
20
20
15
15
15
30
10
10
5
5
5
10
10
10
5
10
10
10
10
10
20
10
10
25
10
5
5
5
30
Regular
election.
25
•0
>
15
10
15
10
10
10
10
20
25
25
10
25
10
15
25
25
25
25
20
35
25
10
25
25
25
20
15
10
10
300 signatures.
30 J
10
10
10
20
10
25
10
10
30
Franchises.
Compulsory.
10.
Compulsory.
25
15
20
Ontional with eitv. Ontional with eitv.
25
10
10 Compulsory.
None.
None.
None.
I)o.
None.
None.
None.
Do.
25
25
0)
None.
33 Compulsory.
33
None.
20
20
1,000 voters.
Do.
25
None. None.
10
25
25 Compulsory.
10
25
15
10
15
25
Do.
25
25
Washington.............................................
35 10.
None.
25
Wyoming.................................................
25 lo.
15
25
Nebraska..................................................
1 Compulsory ordinances on franchises and contracts over $1,000.
To avoid confusion, we group here the States in which the cities have
the right to adopt the initiative and referendum through powers con
ferred by general laws. These acts grant home rule in charter making
with many variations, some limited, some absolute, some permitting
the “ commission form,” e tc .; but all extend the powers of direct legis
lation in local affairs, no matter what the form of city government may
be. The figures indicate the percentages required on petitions to invoke
the initiative or the referendum.
A large number of the cities which have adopted the commission form
of city government, either under general or special State laws, have
incorporated the initiative and referendum in the scheme.
We ap
pend a list of these cities, furnished us by the Short Ballot Organization
of New York. The percentages required on petitions are indicated.
The wide variations above will be noted with surprise. The move
ment has gone along so rapidly that many of the above figures seem
to have been arrived at by hasty guess, rather than by inquiry and
deliberate judgment.
As a still further contribution to the informa
tion on this subject, the following is clipped from an abstract of a
proposed act for the third-class cities of Pennsylvania, which consists
of all cities under 100,000 inhabitants :
“ REFERENDUM
.
“ All grants of franchise to public-service corporations within the
city must be submitted to a referendum vote of the electors w ith o u t
petition. All other ordinances, except such as are certified to be urgent
for the preservation of public peace, health, or safety, shall be sub
mitted to referendum vote upon petition of 10 per cent of the electors.
Not more than one referendum election to be held within a period of
six month, but more than one ordinance may be submitted at the same
election.
4737
This hill was approved by the convention of allied civic bodies, at
Harrisburg, October 2, 1912, and will be introduced in the new legisla
ture by Senator II. A. Clark, of Erie, Pa.
From all the above information let us draw the following as “ about
right ” on the subject:
First, all g r a n t s o f p u b lic fr a n c h i s e s should be submitted to a refer
endum vote, preferably at a regular election, w i t h o u t p e t i t i o n .
Second, larger percentages for petitions can be reasonably required
for small cities than for large citie s; or, to put it the other way.
ler percentages should be required for large cities than for small
s. And to do this we must establish a standard. The Pennsylvania
dard is 10 per cent for the referendum in cities up to icO.OOO
ilation. It seems to us that this could be reasonably increased to,
12 per cent or 15 per cent for cities of 10,000 population or under.’
ore minute gradation might be made if considered advisable, llowlet us recognize the principle that s m a l l p o p u l a t i o n s s h o u l d h a v e
r
p e i c c n t a g c s and la r g e p o p u la t io n s s h o u l d h a v e s m a l l e r p r r -
cretion, on a referendum matter, when not demanded in the petition.
Third, a la r g e r p e t i t i o n s h o u l d he r e q u ir e d f o r t h e i n i t i a t i v e t h a n f o r
referen d u m .
The reason is obvious ; and the above remarks concernpercentages varying according to population and concerning special
:£ions apply here. When 10 per cent is required for the referendum
about 15 per cent should he required for the in itiative; that is an
increase of about 50 per cent.
The initiative, being positive in its
action, should be more difficult to invoke than the referendum, which
is merely negative in its action. But the above Pennsylvania standard
for the initiative can not he accepted. That provides only for bringin"
ordinances before councils, which is not the true initiative. r
Thc true
initiative is a process by which an ordinance may be proposed by an
established number of voters and submitted to a direct vote of tho
electorate.
It will he noted that we advocate proportionately larger petitions for
the local initiative and referendum than for the State-wide initiative
and referendum. The reason should be obvious to all. It is easier to
get a certain percentage of a town or city than the same percentage of
a State.
In a city the voters are compact, while in a State thov are
scattered, and it is proportionately easier, anyway, to get a °iven ner
centage of a small population than the same percentage of a large
population. For these and other reasons the required percentage should
decrease as the population increases.
a
Referring again to the above tables, we sincerely hope that in future
years they will he made more uniform and in keeping with the sugges
tions above made. We fear that some of the absurdly high require
ments may have proven a bar to the use of the direct ballot.
T he D irect P rimary.
The convention system of nominating candidates for political offices
has constituted one of the greatest sources of strength to political ma
chines.
The control of the nominating convention was made easy
through manipulation of the “ primaries ” or open meetings of party
members in the various voting precincts at which delegates to conven
tions were selected. These primaries were wholly under the direction
of the parly leaders or local “ bosses.” The gross frauds and strong-
r
/ /
ii
K
'
4738
COXG KESSI OX A L li ECOIII)— 8 EXA TE.
ann methods practiced at these primaries constitute a black page in
American political history.
,
The modern direct-primary movement aims at abolishing this old
caucus system and substituting a regular nominating election under
State control and at State expense, at which the rank and file of the
voters may vote by ballot directly for their party candidates in the
regular election.
It was first tried in Minneapolis in 1800. then applied to the State,
and has since been adopted under various forms by a large number of
Slates. It is needless to say that the system has been bitterly opposed
by the political machines of both the dominant parties, and this oppo
sition has resulted in the enactment of a wide variety of primary laws.
Some of these are so restricted as to be but little better than the old
system and have resulted in but little good.
It is entirely beyond the space at our command to give even a sum
mary of the primary laws now in operation. In general they may be
classified as—
1. I n d i r e c t , in which the voters merely select by ballot the delegates
io the nominating convention; or d ir e c t , in which the voters themselves
nominate the candidates.
2. S t a t e -w i d e , in which candidates for all offices are nominated by
the voters ; or l i m it e d , in which only a part of the candidates are so
nominated, the remaining candidates being left to be chosen at nomi
nating conventions.
:i. C o m p u l s o r y , in which all candidates for office m u s t be nominated
at the direct primary ; or o p t i o n a l , in which case the party leaders are
given the right to choose between the direct primary or the convention
system in selecting their candidates.
1. O p e n , in which the voter is handed one or several ballots contain
ing the candidates of all parties, and is not; required to declare his party
affiliations, and so votes secretly; or c l o s e d , in which he is compelled to
declare his party affiliation, under certain tests laid down by the laws
in his particular State, and is then handed a ballot containing the
names of the candidates of the party with which he is or claims to be
affiliated.
To be an effective weapon in the warfare upon machine politics and
to render political parties responsible to the rank and file of their mem
bership, experience thus far demonstrates that the primary must be
h e ld bit t h e S t a t e a n d a t S t a t e e x p e n s e , S t a t e - w i d e , d i r e c t , o p e n , and
that s o m e s y s t e m o f p u b l i c i t y be established by the State to inform the
voters concerning the character and principles of aspirants for political
office. To this must be added the preferential vote as established in
Wisconsin, which insures m a j o r i t y , not merely p l u r a l i t y , nominations.
Setting aside all other variations, the following States have enacted
laws in which candidates for office are nominated d i r e c t l y by the voters
at the polls. T'niess otherwise indicated, the application i S t a t e - w i d e :
Arizona, California, Colorado, Idaho, Illinois, Iowa, Kansas, Louisiana, !
Maine, Massachusetts, Minnesota (except for State offices), Michigan,
Mississippi, Missouri. Nebraska. Nevada, New Hampshire. New Jersey,
North Dakota, Ohio (except for Congressman and State officers), Oregon,
Oklahoma, Pennsylvania (except for State officers), South Dakota,
Tennessee, Texas, Washington, Wisconsin, Wyoming.
Among the direct primary laws so far enacted, the Wisconsin system
stands as perhaps the best. A copy of the law may be had on appli
cation to the secretary of state, at Madison. W is. We give herewith a
plain synopsis of this law, and call especial attention to the provision
which allows the voter to express his first and second choice for candi
dates.
SYNOPSIS OF THE WISCONSIN DIRECT PRIMARY DAW
.
H
X|
fB{
S c o p e : Applies to all State and local elective officials, including the
office of United States Senator.
T i m e : Held throughout the State on the first Tuesday in September
for the nomination of officers to be elected at the regular biennial elec
tions in the even-numbered years.
I ty w h o m : The election is conducted by the State and paid for out
of the public treasury.
N o t i c e : Sixty days prior to the election the secretary of state serves
notice to all city, town, and county clerks to post notices of such
election.
d o m i n a t i o n s : All candidates are nominated by petition of the voters
and filed with State or local officers as the case demands. The size of
petitions are as follows : For State officers, 1 per cent of the previous
party vote in the State ; for Congressman, 2 per cent of the party vote
in his d istrict; for lesser or for county or town officers, 3 per cent of
the district affected. Legal forms for such petitions are provided, and
also the method of certification.
E l e c t i o n i n s p e c t o r s : Election inspectors are chosen in suc-hwise that
all political parties participating in the election are represented in each
voting precinct.
W h o m a y v o t e : Every registered voter may participate in the election.
The clerks of election enter on the poll list the names of all voting.
T h e p a r t y t e s t : No party test is required, and the voter is not obliged
to disclose his party affiliation. The Australian ballot is used, and the
voter is protected by the utmost secrecy.
T h e b a l l o t : A composite ballot consisting of a separate sheet for each
political party, fastened together at the top and folded, is handed the
voter.
He repairs to the voting booth, detaches the party sheet on
which he desires'to vote, marks this ballot, folds it, and also the part
not used. Emerging from the booth he deposits his marked ballot in the
regular box, and then deposits the unused ballots in a separate box
designated “ the blank-ballot box.” These unused ballots are destroyed
immediately after the election, by the inspectors, without inspection.
R o t a t i o n o f n a m e s : The names of candidates for the respective offices
are rotated upon the ballots in suchwise that each candidate’s name
shall appear as often at the head of the list as that of any other candi
date.
P a r ly c h a lle n g e r s:
M ay be appointed by the party authorities to
represent each party in the voting precincts.
P a r t y c o m m i t t e e s : The voter may write on his ballot the name of
his choice for precinct party committeeman, and the one having the
highest number of votes so cast is thereby elected.
C a n v a s s a n d r e t u r n s : The vote is canvassed as in regular elections,
and the returns made to the secretary of state. The candidates receiv
ing a m a j o r i t y v o t e (see below) for the offices they seek are declared
the nominees of the party and their names appear upon the ballot in
the general election.
V a c a n c i e s : Ordinary vacancies are filled by the party committees, if
such vacancies occur before the general election. In case of a vacancy
in the office of United States Senator a special primary must be called.
P la t fo r m c o n v e n t i o n : On the third Tuesday of September following
the primary election the candidates for State offices and for the general
assembly of each party must meet at the State capitol, draft a platform,
and elect a State central committee. This platform is filed with the
secretary of state.
M
a r c h
MAJORITY XOMINATIONS.
The distinguishing feature of the Wisconsin law is the provision bv
which each voter is allowed to express his first and second choice of
candidates for each office voted upon. This lias been found an effective
cure to one of the most vital weaknesses which the direct primary svstem has developed, namely, that by secretly inducing a large number of
progressive candidates to enter the contest for the nomination the
“ machine ” has been able, in countless instances, to split the anti
machine vote and then, by massing its vote against this divided field,
secure for its candidate “ the highest number of votes cast,” and so
secure the nomination.
By the Wisconsin system, however, the progressive voters may split
on their first choice and then mass their vote's on their second choice,
lienee, unless the reactionary or machine candidate has a clear majority
of all votes cast, which he seldom has, he is overcome by the secondchoice votes for a progressive candidate and the antimachine forces win.
The section of the Wisconsin law providing for the first and second
choice, or preferential ballot, as it is called, reads as follows :
“ Each elector shall be entitled to designate on his ballot, in the
manner herein provided, the name of his first choice and also the name
of his second choice as nominee for each office.
“ The voter shall mark his ballot in the following manner to indicate
his first and second choice:
“ 1. He shall place a cross (X ) in the first column after the name of
his first-choice candidate, and a cross ( X j in the second column after
the name of his second-choice candidate.
2. He shall place but one mark in any one designated space.
“ 3. If a voter votes either in the first or second choice column for
two persons, such vote shall be counted as a first-choice vote for the
person voted for whose name appears first in such column, and as a
second-choice vote for the person voted for whose name appears lower
in such column.
“ 4. A vote for one person only shall be counted as a first-choice vote,
whether the voter place his cross in the first or in the second choice
column.
“ 5. A first and second choice vote cast for the same person shall be
counted as a first choice only for such person.
“ E x a m p le.
Second
choice
(vote
for one).
First
choice
(vote
for one).
For governor.
\ g
g ’ h ::::
I :::::::::::::;:;::::::;::::::::;:::;:;:::::::::::::::
“ CANVASS AND RETURNS.
“ The ballots shall be counted in the following m anner: As the fu st
and second choice votes are called off from the ballois by the primary
officials they shall be entered by such officials on the tally sheets in the
form annexed, marked ‘ B,' provided for that purpose.
Such official
tally sheets upon which the count has been so entered shall be included
in the returns of sucli election.
“ The precinct inspectors of the election shall, on blanks to be pro
vided for that purpose, make full and accurate returns of the votes cast
for each candidate, giving both first-choice and second-choice votes, as
herein provided, and shall, within 24 hours, cause such returns to lie
delivered to the county clerk, provided, however, that such returns shall
he sent by registered mail wherever practicable. The returns shall set
forth, opposite the name of each candidate, the number of first-choice
votes cast for such candidate, followed horizontally by a statement of
the number of second-choice votes cast by his supporters for each of
the other candidates. Such tabular statement shall he substantially in
the following form, the names of candidates to he arranged thereon in
the order in which they appear upon the ballot':
“ ‘ B.’ OFFICIAL TALLY SHEET.
“ For
govern or.
Second choice.
First choice.
A. B.
A. B ...............................................................
C. D .................................................................
E. F .................................................................
G. H .................................................................
C
O
40
25
5
120
C. D.
E. F.
G. II.
30
25
]5
3
10
7
1
1
.
“ The canvassers of the vote shall he guided by the follo\
nving rules :
“ 1. If any candidate for an office receive a majority of the first
y
choice votes he shall be declared nominated for such office.
“ 2. If no candidate is thus nominated, the name of the one having the
least number of first choice votes shall he dropped and the second choice
votes cast by the supporters of the dropped candidate shall he added to
the first choice votes of the remaining candidates, for whom they were
cast.
“ 3. If no candidate then has a majority, from the remaining candi
dates the one having the least number of votes then to his credit shall
be dropped, and the second choice votes cast by the supporters of said
dropped candidate shall he added to the votes of the remaining candi
dates for whom they w ere cast.
T
” 4. This operation shall he repealed until some candidate lias a
majority or until only two candidates remain.
The one then having
the greater number of votes to his credit shall he declared nominated.
5. No second choice vote shall lie counted when it is cast for a can
didate whose name shall have been dropped as herein provided.”
T he P residential P rimary.
The extension of the principle of the direct primary to permit (he
voters to express their preference for nominees for President and Vice
President of the United States was first made in Oregon. The law was
proposed by initiative petition and enacted at the general election of
1910 by the people of that State. The legislatures of six other Slates
CONGRESSIONAL RECORD— SENATE.
enacted similar laws in 1 0 1 1 , so that during the presidential campaign
of 1 0 1 2 , prior to the great nominating conventions of the two principal
parties, there were vigorous contests to secure the expressed preference
o f the people for the leading candidates.
No electoral reform in recent years has made more rapid headway,
and it is freely predicted that by 1910 enough States will have enacted
similar Laws to Vender unnecessary a national n o m i n a t in y convention for
the Presidency, as the chief function of those historic bodies will have
passed to the people themselves.
The essential features of the laws thus far passed follo w :
OREGON.
In presidential years the regular primary for the nomination of State
officers is held on the 45th day before the first Monday in June instead,
of 45 days prior to the general November election as usual. A t such
election a petition of 1 per cent of the party vote may place upon the
ballot as the nominees of the respective party members supporting such
candidates.
.
,
1. The name of one person each for President and Vice President of
the United States.
.
2 . Tlie names of persons as nominees for delegates to the national
party convention.
8 . Tlie names of nominees for presidential electors.
For President the person having the highest number of votes Is held
the choice of the party for nomination; same with the Vice 1 resident.
Delegates to national party conventions are likewise chosen by a plu
rality vote and their expenses are paid from the State treasury, hut not
to Cxceecl $200 each. A plurality vote also determines the nomination
of presidential electors. Arguments for or against presidential nomi
nees may be printed in the primary election publicity pamphlet at $ 1 0 0
per page.
CALIFORNIA.
On the second Tuesday in May of presidential election years an elec
tion is held known as “ the May presidential primary election.
y oters
may express their preference for party candidates for the Presidency
and Vice Presidency, and elect delegates to their respective national
nominating conventions. One per cent of the party membership in each
congressional district is required on petitions to nominate. A plurality
vote is considered the preference of the voters. Candidates tor dele
gates to tlie national conventions are permitted to file statements with
the secretary of state that they will, in the convention, support the
nominee for the Presidency favored by the rank and flic of the party
voters. Sample ballots are sent the voters prior to the primary, accom
panied by a sheet containing biographical sketches of the presidential
candidates, at a cost of $ 2 0 0 " to those filing such sketch.
NEBRASKA.
Tlie law provides for a “ preference vote for President and Vice Presi
dent of tlie United States* and the election of delegates to national
conventions and members of the national committee of the several par
ties, to he held at the regular primary held the 45th day before the 1st
-Monday in June in presidential years. Five hundred party-member sig
natures on petitions nominate delegates. For presidential nominees tlie
same petitions and regujations apply as now nominate candidates for
governor of the State. A plurality vote nominates.
NEW JERSEY.
Oil the fourth Tuesday of May in each presidential year a special
primary election is hold to elect delegates to the national party con
vention's and to permit the voters to express their preference of candi
dates for the Presidency. Nominating petitions for delegates must he
signed by 100 party members. Petitions nominating presidential candi
dates h.v 1,000 party members. Pluralities determine the election or
nomination. Sample' ballots are sent the voters. Opposite the name of
each nominee for delegate may he printed at his request the nominee’s
preference for President.
NORTH DAKOTA.
On tlie third Tuesday in March of presidential years the voters may
at a primary election called for that purpose express their choice for
President and Vice President, for delegates to the national party conven
tions for presidential electors and for party national committeeman.
Five ’hundred signatures of party voters are sufficient to nominate and
place on the ballot. Delegates to national conventions are allowed $200
from State treasury for expenses.
SOUTH DAKOTA.
•
The law in this State is crude. It providesi that: “ party presidential
electors and delegates and alternate delegates to national political party
conventions shall he chosen at the March primary quadrennially.
flic
secretary of state forwards tlie vote to the State chairmen of the respec
tive parties, who issue credentials to those receiving the highest number
of votes. No provision is made for the preferential ballot on the Presi
dency, referred to below.
WISCONSIN.
A t an election held on the first Tuesday in April of each presidential
year delegates to national party conventions are elected and nomina
tions are made for President and Vice President of the United States.
Signatures of 1 per cent of the party vote are necessary upon nomina
tion petitions. Candidates receiving the highest number of votes are
declared the preference of the voters.
„
W hat has rather unfortunately been called the
presidential pi e f c i e n c e primary ” must not he confused with the p r e f e r e n t i a l b a llo t , treated
separately in this issue. The word “ preference ” in connection with the
presidential primary is used to indicate that each voter may indicate
whom he p r e f e r s as the party candidate. That is about alt he can do
at that stage, as no State can decide that matter. Each State can only
h e lp to decide it, the preferences of each State being brought to the
national convention, the final decison there depending on many cncumThe p r e f e r e n t i a l b a llo t is an entirely different thing, as you will see
in the article on that subject in this issue. It gives to the voter the
opportunity to express his first, second, etc., choices on any ballot on
which there are more than two contestants for the same office,
ih e
word “ preference” should not he used in connection with presidential
primaries. The confusion thus introduced will be thus avoided, lhere
is no need of it any more than in any other primaries.
The true preferential ballot, giving the voter the privilege of ex
pressing more than one choice, should he a feature of every presidential
primary as well as of every other primary the XVisc’onsin htato primary,
for example— as well as in every final election in which there are more
than two contestants for the same office. (Sec the article on the I refer
ential Ballot in this issue.)
j
,
,
.
,.
.
, ,.
Now ltd ns consider a concrete example, showing the need of the
preferential ballot in a presidential primary. As we see above, Nebraska
4739
~ —~
ujiuice iui x resilient at tu
time, which choice was to be determined by a plurality vote.
There
were two progressive candidates and one conservative' candidate for
A resident before the Nebraska Democratic voters. W e at once see that
preferential ballot removes this danger, and gives the voters their real
choice, without the least injustice to the one conservative candidate,
file actual result in Nebraska, if we remember correctly, was somewhat
mixed, and there was great anxiety on the part of the progressive voters
during the campaign. We urge the extension of the preferential ballot
to all presidential primaries as well as to all other primaries and to
Rll elections m which there are more than two contestants.
During the coming winter there will be great activity in the numerous
legislatures which will be in session along the line of primaries and
presidential primaries.
The legislation on these matters should he
right— should include the preferential ballot.
T he P referential Ballot
for
I nsuring E lection
by a
Majority.
. K we had our way, very few officials would he elected at the polls bv
either plurality or majority, for it is only administrative officials that have
to bo elected by either, and they should not be elected at the polls at all
.
but should be selected by majority vote of the deliberative body— that is
the legislature of a State or the council of a city.
But, of course, for some time to come many'officials will he elected
at the polls by either plurality or majority vote. A system of voting
therefore that insures a majority instead of a plurality in popular elec
tions is a matter of considerable importance for the present, until all
administrative officials are put on the professional basis we advocate
for them.
The need of providing for majority elections Is evident from the
I
briefest consideration of the recent contest for one of New Jersey’s
seats in the United States Senate. A t the primaries, at which a Demo
cratic candidate for Senator was to be chosen, three prominent pro
gressive Democrats announced themselves as candidates.
One dav
before the expiration of the time in which announcements of candidacies
were valid for printing on the official ballot a reactionary Democrat
who had held aloof from the contest until then, announced that lie was
a candidate also.
Here was a situation very dangerous to the pro
gressive cause; if the progressive vote was to be divided among three
men and the reactionary vote concentrated on one, the reactionary was
likely to get a plurality and win. Under these circumstances two of the
progressive Democrats had to withdraw from the race in order to con
centrate the progressive vote of the party on one man.
This meant
hearthurning and dissatisfaction, for each of the candidates who was
forced to withdraw had no assurance that he was not, in fact, the
strongest candidate of the progressive wing of his party.
The whole difficulty would have been avoided by the use of a prefer
ential ballot, such as that in use for the election of the commissioners
of Spokane, Wash., or that used in the State primaries of Wisconsin.
(For details of the Wisconsin law see Equity for October, 1912, p. 155,
sec. 7, where they are printed in full as part of an Arizona act. in
which they were incorporated without change. Also see article on The
Direct Primary, in this issue.)
The two systems differ somewhat, and
neither is theoretically perfect, hut either is incomparably better than
the plurality system.
The application of the Wisconsin system to the New Jersey contest
can be illustrated by the use of figures chosen at random. Suppose that
if all four candidates had remained in the field; the reactionary
would have polled 55,000 votes : the first progressive, 40,000 : the second
progressive, 80,000 ; and the third progressive, 25,000. Under the plu
rality system the reactionary, having a plurality of the votes, would
have won.
But suppose the Wisconsin system had been In use. Then each voter
would have been allowed to mark on the ballot his second choice as well
as his first. Aud as no candidate received a majority of the first-choice
!
votes the provisions of the law in such a case would have been carried
out. The law reads that under such circumstances “ the name of the
one having the least number of first-choice votes shall be dropped, and
the second-choice votes cast by the supporters of the dropped candidate
shall he added to the first-choice votes of the remaining candidate for
whom they were cast.”
Suppose the first and second choice votes cast to he as given in the
table below. There the first-choice votes for candidates are indicated
by the number opposite names and second-choice votes by the numbers
under the names in the second-choice columns. To show how many of
any candidate's second-choice votes were on ballots that gave the first t
choice to any other candidate, the number is put opposite that other !
candidate’ s 1 name. Thus of the 4,500 second-choice votes received bv
(
the reactionary 1.500 were on ballots that gave the first choice to the
first progressive, 2 ,0 0 0 on ballots that gave the first choice to the second
progressive, etc.
j
U n ite d S t a t e s S e n a t o r .
Second choice.
First choice.
First progressive.........................................
Second progressive.....................................
Third progressive.......................................
Total............ ......................................
First Second Third
Reac
tionary. progres progres progres
sive.
sive.
sive.
55.000
40.000
30.000
25.000
20,000
1,500
2,000
1,000
150,000 | 4,500
1 .
20,000
20,000
25,006
20,000
’ 4,066
05,000
44,000
15.000
18,500
3.000
36,500
Under the circumstances represented by this table it is evident that
under tlie old plurality system tlie reactionary would have won, since
he received “ the highest number of votes c a s t” on the office; that is.
55,000 votes would have elected him. although there were 95.000 voters,
or a big majority, against, him, and lie would have owed ids election to
a divided progressive field.
See, now. how the* second-choice system operates, under which a ma
jority, in tills case 7 5 ,01 *1 , is required to elect. No candidate having
CONG RESSIOXA L RECOIM)— SEX ATE.
4740
§
f
4
<?
1
i
received a majority of first-choice votes, we proceed with the second
ration acooiuing to the pi ummuus of me law quoted
operat ion according ro me provisions ul the uiw quuini above. Dropping the third progressive and transferring the ballots on which he was
marked first to candidates marked on them as second choice, we have
this result:
, _
,
Reactionary, 55,000 plus 1,000 equals 50,000
l-'irst progressive, 40,000 plus 20.000 equals 00,000.
Second progressive, 30.000 plus 4,000 equals 04,000.
No one having received a majority, we proceed with the next opera
tion. The law reads, “ If no candidate then has a majority, from the
remaining candidates the one having the least number of votes then to
his credit shall be dropped, and the second-choice votes cast by the sup
porters of said dropped candidate shall he added to the votes of the
remaining candidates for whom they were cast.”
The second progressive is dropped, and we have the following result:
Reactionary. 50,000 plus 2,000 equals 58,000.
First progressive, 00,000 plus 25,000 equals 85,000.
Result, first progressive is elected.
A little study of the returns will disclose that the reason for the
victory of the first progressive lies in the fact that the supporters of
ihe second and third progressives g a v e t h e i r s e c o n d -c h o i c e v o t e s t o t h e
f ir s t p r o g r e s s i v e .
The preferential system permitted them to vote first
for the man of their choice and t h e n to mass the progressive field
against the common enemy— the reactionary machine candidate— with
tiie result that the progressive voters, who are in a vast majority, are
represented by a progressive Senator.Thus, we see. for ‘•single-member districts,” or where one candidate
is to he elected to an office in the district taking part in the election
(which applies lo (lie vast majority of our elections), the preferential
system would give the office to (he real choice of the voters and defeat
all lilans of politicians to divide the vote opposed fo (hem, while con
centrating their own. And it is an additional satisfaction for the voter
to express more than a single choice, knowing that if his first choice is
defeated perhaps his second or third choice will he victorious.
The Spokane system, which is an improved form of the system well
known as that in use for the election of the commissioners of Grand
.function. Colo., would have obviated the difficulty in New Jersey some
what differently but equally well.
As the special object of tills issue of Equity is to explain in an ele
mentary way the several improvements in the mechanism of govern
ment for which this periodical stands, we have omitted from this arti
cle all technical details. These we hope to give in comprehensive form
in an early issue.
THE RECALL.
The State-wide recall was fully treated in October Equity, pages
1 5 0 -1 53 . Since that issue appeared Nevada, Idaho, and Colorado have
voted on constitutional amendments providing for State-wide recall, an
analysis of the provisions being given in the above-mentioned article.
Tin'"recall amendment was carried in Idaho by 36,827 affirmative votes
to 14.094 negative.
We understand that the recall amendment was
carried in Colorado, hut figures are not available at this w riting; hut
we have no information concerning Nevada.
THE LOCAL RECALL.
S
f
r
The original recall idea was embodied in the charter of Eos Angeles, Cal.,
in an amendment adopted in 1903, and was, therefore, conceived pri
marily as an instrument of local government.
It spread rapidly fo
many other California cities, and was later adopted by cities in Oregon
and Washington. The circumstances which gave it its greatest vogue
was its incorporation with the commission plan of government by
cities, especially by lies Moines and Dallas, so that it is now popularly
associated with that plan along with the initiative and referendum,
although these features are not an integral nor necessary part of the
commission plan.
Besides the cities under this form, it has been
adopted by many other cities in different localities in one form or an
other.
Boston, for example, has a modified system under which the
mayor may be recalled, after two years, at the regular election without
any preliminary petition.
Several States (see October Equity, pp.
1 5 0 -1 5 3 ) provide in their constitutions for the recall of ail elective
officials. This, of course, includes the elective officers in cities, coun
ties. and other local divisions.
The form of local recall is essentially the same as that for the State
wide instrument. The number of petitioners required to institute the
proceeding would average somewhat larger in the cities than in the
Slate, as the difficulties of obtaining signatures are considerably less
in compact communities.
Fifteen per cent under the commissiongovernment iaw of South Dakota and several special charters to 35 per
cent in some of the southwestern cities and Idaho are the minimum
and maximum. The requirement of the Illinois commission-government
iaw of a 55 per cent petition should, of course, he set down as a prac
tical nullification of the principle.
A more or less standard form of petition and ballot is maintained in
nearly all of the cities.
The officer sought to he removed is usually
given an opportunity to present, in a limited number of words, on the
ballot, a statement justifying his course in office, and the recallers are
given a similar opportunity to state their case. In the Oakland (Cal.)
charter the officer has this privilege in connection with the petition
itself.
Many of the commission-government laws provide a period of
immunity after the beginning of the officer’s term in which he can not
he recalled. This varies from three months to a year.
The tendency in recently enacted laws is to separate the question of
removal from that of the naming of a successor to the official to he
removed. That is. the voter is asked to decide in the first instance
whether there shall he a recall, and, secondly, if the vote is in favor of
such action, who the successor of the officer shall he. This is either
accomplished by separating the two propositions on the ballot, or by
providing a second election, or some other method of filling the vacancy
caused by recall. The Los Angeles city charter has for two years con
tained a provision by which any a p p o i n t i v e officer of the city, as well
as an elective one, may he removed by popular election.
THE LOCAL RECALL IN ACTION.
m
!
AU
The first use of the recall was in Los Angeles, where a councilman
was charged with having favored the liquor interests and having voted
to establish an offensive slaughterhouse in his ward. A second election
was necessary to accomplish the removal of this officer, the results of
ihe first one having been thrown out by the courts on a technical point.
This was in 1904.
Later on in the same city the city council was on the point of giving
away a franchise in the bed of the Los Angeles River. Under threat
of recall the council rescinded its action.
In 1909 the conduct of the police department of Los Angeles, under
Mayor Harper, in relation to vice conditions, was investigated by the
grand jury. No indictment was found, but a minority report found him
M
a r c h
guilty of laxity in the enforcement of flic law. On the strength of this
a recall petition was secured. Mayor Harper resigned before Ihe date
set for the election. The issue then turned upon the choice of a suc
cessor. George M. Alexander was elected and is now serving his second
term.
In San Bernardino. Cal., in the seven years of its operation the recall
has been used once, in which case two councilmen were recalled for
letting a public contract to a firm not the lowest bidder.
In Colton, Cal., three members of the hoard of trustees were rectified
because they had voted unauthorized expenditures and had refused to
grant liquor licenses.
In Santa Monica. Cal., under threat of the recall an official resigned.
In San Diego, Cal., a councilman managed to delay recall proceedings
against him in the courts until the expiration of his term.
In Richmond, Cal., a recall election affected the seats of six councilmen ; the incumbents were retained.
In Berkeley, Cal., a recall election was held to recall two school
directors because of their action in removing a school superintendent;
the incumbents were retained in office.
In Oakland. Cal., a recall was instituted in the summer of 1912 by
the Industrial Workers of the World, a labor organization, against the
mayor and two commissioners, who wore accused of oppression in con
nection with public street speaking. It so happened that in the interval
between this time and the adoption of this charter the women of Cali
fornia had been admitted to the suffrage.
It was therefore easy for the
leaders of the recall movement to obtain the necessary 15 per cent fo
the petition which the charter required. The number of petitioners
amounted practically to only 71 per cent of those who had actually
voted in the preceding municipal election. The mayor and commis
sioners were all retained in office.
The people of Seattle, in 1910, recalled the mayor. The charge was
made and substantiated that the officer had Si veil aid and comfort to
the vice element, and was cooperating with a privately owned electric
light company in an attempt to wreck the municipal electric light plant,
in order that it might be turned over to the privately owned company.
His appointment to the office of chief of police was, however, the lead
ing bone of contention tn the campaign. A t the election George \V.
Dilling was chosen to succeed Mayor Gill. An attempt to recall Hilling
by the supporters of Gill failed, as the requisite number of signatures
were not secured legally. A t the election of 1912 George IV. Cottcrill
was elected mayor, having Gill as an opponent. The old political ma
chine. backed by the vice element, after eight months of effort, tiled a
recall petition against Cotterill. Investigation showed that over 12,000
of these names were fraudulent, and the attempt fell flat.
Less (ban
12.000 valid signatures were secured out of a registration of 85,000
voters. There is no doubt hut that the reactionary forces made this
move with a clear design to discredit the recall. A citizen of Seattle
writes, •Altogether it is a vindication of the recall principle as well as
a triumph for civic decency.”
In the spring of 1911 Tacoma recalled ft mayor and (wo commis
sioners on the ground of general inefficiency. The mayor had refused
point blank to enforce the civil-service law.
About the same time an unsuccessful effort was made to recall the
entire commission in Huron, S. Dak., on a question of financial policy.
In Everett, W ash., a councilman was recalled for his action in regard
to a franchise.
In Estaeada. W ash., all the elective officials, with the exception of
ihe recorder, were recalled, as it was charged, for gross mismanage
ment of the people's business.
In Junction City. Greg., the mayor was recalled by a vote of 4 lo 1.
In Dallas, Tex., the recall has been twice invoked and successfully
used against the members of the school board. The Dallas charter call's
for a 35 per cent petition.
In Des Moines, Iowa, three commissioners conspired to appoint a cer
tain man to the police marshalship in accordance with a preelection
bargain. Threat of recall proceedings, however, caused them to drop
their scheme and appoint a man to the office who held the public con
fidence. On another occasion, a police superintendent of that city was
visited by a committee representing the gambling interests and threat
ened with recall unless he agreed to permit the reestablishment of slot
machines. He immediately informed the no1
icwspapers, and the resulting
publicity rendered futile any further talk of the recall.
In Shreveport. La., a commission-governed city, the commissioner of
streets was recalled on specific charges of inefficiency and neglect. A
second recall campaign, which appears to have been a purely factional
matter, resulted in failure.
The mayor of MeAlester. Okla., was recalled during April of this year.
The mayor and a commissioner were recalled during 1911 in Wichita,
Kans. The facts in the case are much confused.
A school commissioner was recalled in Lawrence. Mass., this fall.
He had been convicted of having planted dynamite in a textile strike
last winter and fined.
THE JUDICIAL RECALL.
No election for the recall of a judge has yet been held. The only
attempt on record was in the case of Dis
District Judge Coke, of Rosebure,
Oreg., during July. 1911. In presiding over a murder trial which
aroused great popular excitement, it was charged that the judge had
shown favoritism to the defendant, especially in lits charge to the jury,
and against the protest of the prosecuting attorney. The friends of the
man who was killed started a petition, but were unable to secure onehalf of the required 25 per cent of signatures. The prosecutor refused
to sign the petition, as he held the fault to be of the head and not the
heart. The public took this view of the case, and that the offense was
not sufficient to justify a recall election.
[N ote.— W e are indebted to Mr. II. S. Gilbertson, of the Short Ballot
Organization, New York City, for compiling most of the above informa
tion on the local recall, and he is indebted .Int
rgely to an article by Dr.
John It. Haynes, of Los A ngeles, Cal., whom Mr. Gilbertson characterizes as “ the originator of the recall.” ]
E X H IB IT B.
A.
“ R e p u b lic a n f o r m o f g o v e r n m e n t ” w i t h i n t h e m e a n in g o f A r tic le , I V o f
F e d e r a l C o n s t i t u t i o n is a g o v e r n m e n t in w h ic h t h e p e o p l e r u l e , n s
d i s t i n g u is h e d from , t h e g o v e r n m e n t in a m o n a r c h y o r in an o l i g a r c h y
(a r isto c r a c y ).
D iscussing the Oregon System — I nitiative and R eferendum.
I. FEDERALISTS’ STATEMENT IN LETTER NO. 43 IS CONCLUSIVE.
The meaning of “ republican form of government,” as that term is
used in Article IV of the Federal Constitution, is conclusively shown in
the Federalists’ argument for the adoption of the Constitution. In Die
* ti
CONGRESSIOttAL RECORD— SENATE,
)
19 IP.
series of letters known as The Federalist, addressed to the people of the
State of New York, by Hamilton, Madison, and Jay, under the nom de
plume Publius, it is said in letter No. 4 3 :
“ 6. To guarantee to every State in the Union a republican form of
government; to protect each of them against invasion ; and on applica
tion of tlie legislature, or of the executive (when the legislature can not
be convened), against domestic violence.
“ In a confederacy founded on republican principles and composed of
republican members th e s u p e r i n t e n d in g g o v e r n m e n t o u g h t c l e a r l y t o p o s
s e s s a u t h o r i t y t o d e fe n d
i n n o v a t i o n s .”
th e s y s t e m
a g a in s t a r i s t o c r a ti c o r m o n a r c h ic a l
This is in the nature of an admission, for the Federalists were en
deavoring to circumscribe the people's power. I t f o l l o w s t h a t , t h e f o r e
g o i n g s t a t e m e n t b e in g a n a d m is s i o n , it c o n c l u s i v e l y sh o r e s t h e i r a t t i t u d e ,
and. i t h a s b e e n s o c o n s id e r e d b y t e x t -w r i t e r s , s u p r e m e c o u r ts , a n d th e
U n ited S t a te s G o v e r n m e n t w h e r e v e r th e p o in t has been sq u a rely c o n
sid ered .
Instances will presently be. cited.
IT. FURTHER PROOF : O IG * OF GUARANTY BY UNITED STATES O REPUB
R IN
F
LICAN FORM OF GOVERNM
ENT FOR THE STATES.
Additional proof as to the meaning of “ republican form of govern
ment ” in Article IV is the origin of (lie clause. It was the eleventh
resolution, offered by Gov. Randolph, of Virginia, and it was considered
.Tune 11. Mr. Madison moved an amendment, as follows, and it was
adopted:
" The republican constitutions and the existing laws of each State to
be guaranteed by the United States.” (Elliott’s Debates, p. 453.)
Gov. Randolph, in stating why he was for the amendment, said :
“ A republican government must be the basis of our National Union,
a n d no S t a t e
m o n a r c h y .”
in
it o u g h t
to h a v e
it i n
i ts
p ow er
to
change it
in to
a
(Elliott’s Debates, p. 453.)
Immediately after this statement was uttered t h e r e s o l u t i o n w as
a g r e e d to u n a n im o u sly .
(Elliott's Debates, p. l!04.)
Here is a clear-cut statement of the purpose of the guaranty, unani
mously agreed to, and later, when Ihe Constitution was being considered
before the entire country, throe of the most noted Federalists, Hamilton,
Madison, and Jay, expressly admitted in letter No. 43 that such is the
aim of the guaranty.
A few years after the adoption of the Constitution Mr. .Justice W il
son, of tlie United States Supreme Court, who had participated in the
framing of the Constitution, declared as follows in Chisholm v . Georgia
(2 Dali., 419) :
“ As a citizen I know 1ho government of that State (Georgia) to bo
republican, and my short definition of such a government is one con
structed on this principle, that the supreme power resides in the body
of the people.”
, .
,
But it is the Federalists' admission in letter No. 4.> that is conclu
sive. It is so considered by text-writers, supreme courts, and the United
states Government:
in. STATEMENT IN LETTER N . 43 IS ACCEPTED BY TEXT-WRITERS, SUPREME
O
COURTS, AND THE UNITED STATES GOVERNM
ENT.
In Commentaries on Constitution of the United States by Mr. Justice
Story, iu the chapter elucidating Article IV. section 4, he say s:
“ The Federalist has spoken with so much force and propriety upon
this subject that i t s u p e r s e d e s a ll f u r t h e r r e a so n in g . ‘ In a confederacy,’
says that book, ‘ founded on republican principles and composed of
republican members, the superintending government ought clearly to
possess authority to defend the system against aristocratic or monar
chical innovations.’ ”
(Constitution of the United States, by Story,
sec. 1815.)
In Cooley’s Constitutional Limitations it is said :
“ The last provisions that wo shall here nolice are that the United
States shall guarantee to every State a republican form of government.
a n d th a t n o S t a t e s h a ll g r a n t a n y t i t l e o f n o b i li t y .
The purpose of
these is to protect a Union founded on republican principles and com
posed entirely of republican members a g a in s t a r i s t o c r a ti c a n d m o n a r
c h ic a l i n n o v a t i o n s .”
.
...
,,
,
Cooley’s Constitutional Limitations (7th ed., p. 28) citing the Fed
eralist, Nos. 43 and 44 (probably No. 21 is meant rather than 4 4 ), it
5S
does not fall within our province to discuss these provisions.
They have been much discussed in Congress within a few years, but in
a party rather than a judicial spirit.” (See Story on Constitution,,4th
ed.. ch. 4 1 ; Luther r . Borden, 7 How.. 1 : le x a s v . White, < Wall.,
7 0 0 ; Cooley, Constitutional Principles, ch. 11.)
In Hopkins v . Duluth (81 Minn., 1 8 9 ; 8o N. W , Rep., oJO) the court
cited the foregoing statement in Cooley s Constitutional i. imitations,
-,U“ w'o'liporehend that a little reflection must satisfy anyone that the
advantages of providing local self-government by the voters directly in
terested through a ‘ referendum ’ is abstractly as well as concretely
m o r e r e p u b lic a n than through representatives of the people in tlie
legislatures, many of whom are not at all interested in the affairs ot
' 1 In^ t'lH'1"cneraV election in 1896 the people of South Dakota, through
1
n direct vote at tlie polls, adopted a constitutional amendment taking
to themselves an option to veto acts of the legislature (the o p t io n a l
■ r eferen d u m , u s u a l l y t e r m e d t h e r e f e r e n d u m ) and a power to directly
legislate should their representatives fail to represent them (the
■popular i n i t i a t i v e , c o m m o n l y k n o w n a s t h e i n i t i a t i v e ) .
in South Dakota
the governor has no power to veto “ measures referred to a vote of the
i> Later, when South Dakota’s Senators and Representatives appeared
<
in Congress to take the oath of office, there was no opposition to their
being seated. T h u s f o r hi y e a r s t h e R e p r e s e n t a t i v e s o f S o u t h D a k o t a
h a ve been
M em bers
o f C o n g r e s s w i t h o u t o p p o s i ti o n
W hat this means is deliniteiy set forth by the United States Supreme
Court in Luther v . Borden et al. (7 How., U. S., 1, 4-1)> decided m
184VliCW t h e S e n a t o r s a n d R e p r e s e n t a t i v e s o f a S t a t e a r e a d m it t e d
4741
O ie g o n s S en a to rs and R e p r e s e n ta tiv e s h a ve b een sc a led
w it h o u t o p p o s itio n .
. .1“ this court, in Kadderly v . City of Portland, decided
in
C on gress
in 1903. the
initiative was held to be a republican form of government. Speaking
for the court, Mr. Justice Bean said :
N °r do. we think the amendment void because in conflict with sec-
..............
-y
.U V IH u/ll
I/U M O
V mi/RUMiniH
H
I/KU/UH ,
R/IN
Ull
(f(/(</// .S
(/
i n s u r r e c t io n s a n d d o m e s t i c v i o l e n c e , a n d to p r e v e n t t h e m f r o m a b o lish in a
a r e p u b lic a n f o r m o f g o v e r n m e n t s
(Cooley Const. Lim., 7th ed 4 5 •
i st0 ,T Const., 5tli ed., sec. 1 8 1 5 ; 44 Oreg., 118, 1 4 4 ; s. c., 74 Pacific
Hep., <11, 719.)
In 1906 the people of Montana by direct vote installed the initiative
and referendum, and iu this system the governor is expressly prohibited
from, vetoing measures “ referred to the people by initiative referendum
petitions.
L a t e r th e S t a t e 's S e n a t o r s a n d R e p r e s e n t a t i v e s reeve s e c te d
m
C o n g r e s s w i t h o u t o p p o s itio n .
Tims in a third State the initiative system lias been passed upon by
Congress.
Next, Oklahoma was admitted. Oklahoma’s initiative system provides
that " t h e veto power of the governor shall not extend to measures
voted on by the people.” (Attorney general’s brief, p 27 )
The enabling act under which the State was admitted provides (hat
.the constitution adopted by the people shall be a republican form of
government, and to the President of the United States is delegated
power to decide the question. When Hie constitution was presented to
the President, parties appeared claiming that the initiative and refer
endum are not a republican form of government, but the President, with
the advice of the Attorney General, Charles J. Bonaparte, admitted the
State. In his proclamation he s a y s :
“ W h e r e a s i t a p p e a r s t h e sa id c o n s t i t u t i o n a n d g o v e r n m e n t
p r o p o s e d S t a t e o f O k la h o m a a r c r e p u b lic a n i n f o r m ,” etc.
of
Ih e
The President does not state his reasons for declaring the initiative
and referendum to be a republican form of government, nor did ihe
Attorney General present a written opinion, but in a letter dated Decem
ber 17, 1907, to Delegate A. L. Deuel, in the Michigan constitutional
convention, the Attorney General says :
“ I am in receipt of your letter of the 14th instant, in reference to
the initiative and referendum clause in the constitution of Oklahoma.
The question of whether the Oklahoma constitution was in accordance
with the provisions of the enabling act was very carefully considered by
the Department of Justice, but all communications on the subject were
made verbally by tlie Attorney General to the President. Under these
circumstances it is, of course, inappropriate for me to attempt to advise
you as to the view taken of any specific provision. I can only refer
you to the fact, now a matter of common knowledge, that in accordance
witii the provisions of the enabling act the admission of the State into
the Union was proclaimed.”
(Equity Series, April. 1908. p. 40.)
There are two valid reasons for the Attorney General’ s decision, one
being that the Congress had passed upon the general proposition by
seating the Senators and Representatives from South Dakota. Oregon,
and Montana, and the other is the statement in letter No. 43 in the
Federalist.
We urged both of these points when the case was under
consideration.
The constitutionality of Oklahoma’s constitution was favorably passed
upon by the Oklahoma Supreme Court April 27, 1908.
The case is
Ex parte Wagner, 95 Pacific Reporter, 434.
The foregoing cases are believed to be the* only ones where the con
stitutionality of the initiative has been passed upon by the United
States Government or a supreme court.
SUMMARY.
Reviewing the foregoing history, it must seem quite clear that the.
Federal guaranty of a “ republican form of government” is a guaranty
against aristocratic or monarchical innovations.
IV. STILL FURTHER PROOFS : CONDITIONS UN
DER WHICH THE CONSTITUTION
OF 1787 W
AS FRAM
ED AND ADOPTED.
Still further proofs are the conditions under which the Constitution
of 1787 was framed and adopted.
1’he Declaration of Independence was issued and the Revolutionary
W ar was successfully fought under a system of government in which
the people ruled.
In New England they ruled through direct legislation in local affairs,
with the local administrative officials directly elected. In Slate affairs
the people ruled through a legislative assembly, directly elected, and
each member was subject to instructions.
Instructions were given at
town meetings. Special town meetings could be called by the selectmen
or by any 10 citizens. Most of the administrative State officials were
directly elected.
In the Commonwealths other than New England legislation within
the State was by a legislative assembly and by county governments. In
both of them the members were subject to instructions. Instructions
were given at county conferences (mass meetings). Most of tlie admin
istrative State, officials were directly elected.
In national affairs the people ruled through a Congress whose Mem
bers were elected by the legislatures. These Members were subject to
recall and could be instructed.
T h u s t h e p e o p l e r u le d , ancl t h e y s e c u r e d Ih c ir fr e e d o m .
Following are excerpts from the State constitutions of that era •
Tlie North Carolina bill of rights of 1776 declares :
“ 1. That all political power is vested in and derived from the people
only.”
Tlie Virginia bill of rights of 1776 declares:
“ Section 1. That all men are by nature e q u a l l y f r e e a n d in d e p e n d e n t
and have certain inherent rights, of which, when they enter into a state
of society, t h e y ca n n o t, b y a n y c o m p a c t , d e p r i v e o r d i v e s t t h e i r p o s
t e r i t y , namely, the enjoyment of life and liberty, with ihe means of
acquiring and possessing property and pursuing and obtaining happiness
and safety.
“ Sec. 2. That ail power is vested in and consequently derived from
th e p e o p l e ,”
b e q u e s ti o n e d
ill a ju d ic ia l tr ib u n a l.
This decision by the United States Supreme Court -has been followed
in Texas v . White (7 W all.. U. S., 700, 73 1 ), in 1868 , also in la y lor
and Marshall v. Beckham (178 U. S., 548)i in 1900.
In Oregon at the June election of 1902 the people of the_ State,
through a direct vote, installed the initiative and referendum m com
bination with the legislature, anil f r o m th a t l i m e to tlie p i c s c n t d a y
The Maryland bill of rights of 1776 savs :
“ I. That all government of right originates from th e p e o p l e , is
founded in compact only, and instituted solely for the good of the
whole.”
The Pennsylvania bill of rights of 1776 declares :
“ 111. That the p e o p le of this State have the sole, exclusive and
inherent right of governing and regulating the internal police of the
same.”
C O N G R E S S IO N A L
4742
The New York bill of rights of 1 7 7 " declares:
“ i. This convention, therefore, in the name and by the authority of
t h e i/ootl p e o p l e o f thin S t a t e . doth ordain, determine, and declare that
no authority shall, on any pretense whatever, he exercised over the
people or members of this State b u t s u c h a s s h a ll b e d e r iv e d f r o m a n d
g r a n t e d b y t h e m .”
The Connecticut constitution of 1777 declares:
“ That the ancient form of civil government, contained in the charter
from Charles the Second. King of England, and adopted by the people
of this State, shall be and remain the civil constitution of this State,
u n d e r t h e s o l e a u t h o r i t y o f t h e p e o p l e t h e r e o f , i n d e p e n d e n t o f a n y k in g
o r p rin c e w h a te v e r .
And that this republic is. and shall forever be and
remain, a free, sovereign, and independent State, by the name of the
State of Connecticut.”
In Rhode Island, by act of May 4. 1770, the general assembly trans
formed the colony to a Commonwealth (History of the American People,
by Prof. Francis N. Thorpe, p. 177).. T h e s o v e r e i g n t y p a s s e d t o t h e
The first constitution submitted in Massachusetts was rejected by the
people by direct vote at town meetings in the spring of 1779, because it
contained no bill of rights and for other reasons. The next constitu
tion submitted, that of 1780, the people adopted by direct vote at town
meetings and by more than two-thirds of all who voted. The bill of
rights declares:
.
.
.
.
“ A rticle I. All men are born free and equal and have certain natu
ral, essential, and inalienable rights, among which may be reckoned
the right of enjoying and defending their lives and liberties; th at<of
acquiring, possessing, and protecting property; in fine, that of seeking
and obtaining their safety and happiness.
“ A rt . IV. T h e p e o p l e of this Commonwealth have the sole and ex
clusive right of governing themselves as a free, sovereign, and inde
pendent State, and do and forever shall exercise and enjoy every power,
jurisdiction, and right which is not or may not hereafter be by them
expressly delegated to the United States of America in Congress
assembled.”
In New Hampshire four constitutions were submitted to the people
who voted directly upon them at town meetings. The first three were
rejected (American Political Science Review, vol. 2, p. 549) largely
because there were no express limitations upon the power of the legis
lature— no bill of rights. The bill of rights of the fourth one, that
of 1748, declares :
“ V II. T h e p e o p l e of this State have the sole and exclusive right of
governing themselves as a free, sovereign, and independent State and do
iind forever hereafter shall exercise and enjoy every power, jurisdiction,
and right pertaining thereto which is not or may not hereafter he by
them expressly delegated to the United States of America in Congress
assembled.”
The Vermont constitution of 1777 declares:
“ IV. That t h e p e o p l e of this State have the sole, exclusive, and in
herent right of governing and regulating the internal police of the
same.”
The New Jersey constitution of 1776 declares:
“ Whereas all the constitutional authority ever possessed by the
kings of Great Britain over these Colonies or their other dominions
was, by compact, derived from t h e p e o p l e and held of them for the
common interest of the whole society. Allegiance and protection are,
in the nature of things, reciprocal ties, each equally depending upon
the other and liable to be dissolved by the others being refused or
withdrawn.
And whereas George the Third, King of Great Britain,
has refused protection to the good people of these Colonies and by
assenting to sundry acts of the British Parliament attempted to sub
ject them to the absolute dominion of that body, and has also made
war upon them in the most cruel and unnatural manner for no other
cause than asserting their just rights, a ll c i v i l a u t h o r i t y u n d e r h im is
n e c e s s a r i l y a t a n e n d , a n d a d i s s o l u t i o n o f g o v e r n m e n t in e a c h
h a s c o n s e q u e n t l y ta k e n p la c e .
*
*
*
*
*
*
C o lo n y
*
“ IV. That all inhabitants of this Colony of full age who are worth
£50 proclamation money, clear estate in the same, and have resided
within the county in which they claim a vote for 12 months immediately
preceding the election sh a ll b e e n t i t l e d t o v o t e for representatives in
council and assembly, and also for all other public officers that shall he
ejected by the people of the country at large.
The Delaware constitution of 1776 provides:
• The right of suffrage in the election of members of both houses
•
shall remain as exercised by law at present.”
(Part of article 5.)
The South Carolina constitution of 1776 declares:
“ I. That this congress, being a full and free representation o f t h e
p e o p l e of this Colony, shall henceforth be deemed and called the Gen
eral Assembly of South Carolina, and as such shall continue until the
21st day of October next, and no longer.”
The Georgia constitution of 1777 declares :
“ We therefore, the representatives of t h e p e o p l e , f r o m w h o m a ll
p o w e r o r i g i n a t e s , and for whose benefit all government is intended, by
virtue of the power delegated to us, do ordain and declare, and it is
hereby ordained and declared, that the following rules and regulations
he adopted for-the future government of this State.”
Reviewing the foregoing, it is clear that in each of the 13 State
governments o f the Revolutionary era the written constitutions de
clared that the, p e o p l e w e r e t h e r u lin g p o w e r , as distinguished from
ilie rule of a single individual (monarchy) or of less than a majoritv
(an oligarchy or aristocracy). This was a distinguishing feature of
the American State governments, and it is the feature referred to in
the Federal guaranty to maintain a “ republican form of government.”
With the close of the Revolutionary W ar and the resumption of
foreign trade t h e G e n e r a l G o v e r n m e n t w a s t h o r o u g h l y i n a d e q u a t e .
It
was a Government in which each State levied its own import duties
and discriminated against the adjoining States. These and other de
fects fed to the calling of a national constitutional convention which
met at Philadelphia in May, 1787.
To get something of an adequate idea of the conditions under which
the delegates to the convention were elected and to realize the nature
of the contest in the convention one should know the following fa c ts :
Through the State governments s p e c i a l p r i v i l e g e s i n v a r i o u s f o r m s
fia d b e e n t e r m i n a t e d ; that is—
Entails and primogeniture hacl been abolished, thus restoring equal
rights In the family and between families.
Equal rights between churches had been established. In other words,
the union between church and state had been disestablished.
Equal rights to an education had been established.
Stated differ
ently, taxation for the maintenance of free public schools had been
installed.
These changes were wrought in each of the thirteen States.
RECORD— SE]&A TK.
M
a k c ii
In Virginia. Jefferson was (lie leading spirit. After the issuance of
the Declaration of Independence he was elected to the legislature and
in October was introducing hills. In his autoldography, written after
his retirement from the Presidency of the Republic, lie speaks of the
hills whereby the above-described reforms in Virginia were secured, and
said :
“ I considered four of ihose bills Tof the Revised Code of Virginia]
passed or reported as forming a system b y w h i c h e v e r y fib e r w o u l d hr
e r a d ic a te d o f a n c i e n t o r f u t u r e a r i s t o c r a c y , and a foundation laid for a
government truly republican; and all this would lie effected without
the violation of a single natural right of any one individual citizen.”
(Autobiography, vol. 1, p. 49.)
These great changes from special privilege to equal rights were
effected in the face of strong opposition.
It was not until 17XC, that
the state and the church were disestablished iu Virginia.
(Life of
'Thomas Jefferson, by Morse, p. 21.)
The effect of terminating entails and primogeniture is described as
follows in “ Thomas Jefferson,” by John T. Morse, page 39 :
“ That distinguished class, whose existence as a social caste had lieen
forever destroyed, reviled the destroyer [Thomas Jefferson] from this
time forth with relentless anim osity; and. even to the second and third
generations, the descendants of many of these patrician families vin
dictively cursed the statesman who had placed them on a level with the
rest of their countrymen.”
Also, at this time, 1787, other conditions were present io impel the
former Tories, the creditor class, and various other propertied interests
to combine to form a government that should terminate the people’s
power. For five years falling prices and hard times had afilieted the
country.
Huge debts existed, public and private, and, owing to the
great scarcity of money and the consequent low prices for property,
large numbers of the people were unable to pay their taxes, and mort
gages were foreclosed at less than half the former selling prices,
in
Massachusetts, at two different times, the people forced the courts to
adjourn and thus stop the foreclosure of mortgages while they peti
tioned the legislature for stay laws and other forms of relief. For one
year debts were made payable in live stock and farm products. In New
Hampshire a proposition" to issue an additional volume of paper money
was put to a vote of the people at town meetings and it was defeated.
In Rhode Island large quantities of paper money were issued. A t the
time of the constitutional convention of 1787 a rebellion in Massachu
setts (Shay’s rebellion) had just been put down.
The call for the election of delegates to the National Constitutional
Convention was issued in 17S6 a n d o f t h e d e l e g a t e s c h o s e n b g t h e
l e g i s l a t u r e n e a r l y a ll ic c r e r e a c t i o n i s t s .
“ Conservatives ” is a less offen
sive term and is the one used by most historians.
In the words of
Alexander Johnston, of Princeton U niversity:
“ They [the framers of the Constitution] represented the conserva
tive intelligence of the country very exactly; from this class there is
hardly a name, except that of Jay, which could he suggested to complete
the list.”
(Article on the convention of 1787 in Lalor’s Cyclopaedia
of Political Science and United States History.)
Proof that the vast majority of delegates in the convention were
reactionists are the following f a c t s :
Of the 56 men who had signed the Declaration of Independence only
11 years before only 6 were chosen as delegates to the constitutional
convention. The people's leaders, such as Samuel Adams, Thomas Jeffer
son, Patrick Henry, Thomas 1’aine, and others, were not elected.
When the convention met “ t h e d o o r s w e r e c l o s e d t o t h e p u b l ic a n d the,
u t m o s t s e c r e c y m a i n t a in e d w i t h r e g a r d t o t h e p r o c e e d i n g s .
Members
were not allowed to communicate with anyone outside of that body con
cerning the matters therein discussed, nor were they permitted, except
by a vote of the convention, to copy anything from the journals.”
(The
Spirit of American Government, by Prof. J. Allen Smith, State of
Washington University, p. 34.)
Prof. John Fiske in the “ Critical Period of American History,” says
(p. 231) :
“ The wildest speculations and rumors were current. A f e w h o p e d ,
a n d m a n y fea red , th a t s o m e s c h e m e o f m o n a r c h y w o u ld
be esta b lish ed .
Such surmises found their way across the ocean, and hopes were ex
pressed ij; England that should a king bo chosen, it might he a younger
son of George III. It was even hinted, with alarm, that, through grati
tude to our recent allies, we might he persuaded to offer the crown to
some member of the royal fam ily of France.”
W hat actually took place within the convention is described as fol
lows by Delegate Luther Martin, attorney general of Maryland, in his
report to the legislature :
“ One party, whose object and wish it was t o a b o lis h a n d a n n i h i l a t e
a ll S t a t e g o v e r n m e n t s , a n d to b r in g f o r w a r d o n e g e n e r a l g o v e r n m e n t
o v e r th is e x t e n s iv e c o n tin e n t, o f a m o n a rc h ic a l n a tu r e , u n d er c e r ta in
r e s tr ic tio n s a n d lim ita tio n s.
TRose who openly avowed this sentiment
were, it is true, but f e w ; yet it is equally true, sir, that there was a
considerable number who did not openly avow it, who were by myself
and many others of the convention considered as being in reality
favorers of that sentim ent; and, acting upon those principles, covertly
endeavoring to carry into effect what they well knew openly and
avowedly could not be accomplished.
“ The second party was n o t for the abolition of the State govern
ments, nor for the introduction of a monarchical government under any
form : b u t t h e y w i s h e d t o e s t a b l i s h s u c h a s y s t e m a s c o u ld g i v e t h e i r
o w n S t a t e s u n d u e p o w e r a n d i n f l u e n c e in t h e g o v e r n m e n t o v e r t h e o t h e r
S ta te s .
“ A third party was what I considered t r u l y f e d e r a l a n d r e p u b l i c a n ;
this party was nearly equal in number with the other two.
* *
*
“ But, sirs, the favorers of monarchy and those who wished the total
abolition of State governments, well knowing that a government founded
on truly federal principles, the basis of which were the thirteen State
governments, preserved in full force and energy, would be destructive
of their view s; and knowing they were too weak in numbers openly to
bring forward their system, conscious also that the people of America
would reject it if proposed to them, j o i n e d t h e i r i n t e r e s t w i t h t h a t
p a r t y , w h o w i s h e d a s y s t e m , g i v i n g p a r t ic u l a r States the power and
influence over the others, p r o c u r i n g i n r e t u r n m u t u a l s a c r ific e s f r o m
t h e m , in giving the e-overnment great and undefined powers as to its
legislative and executive; well knowing that by departing from a fed
eral system t h e y p a v e d t h e w a y f o r t h e i r f a v o r i t e o b j e c t , the, d e s t r u c t i o n
o f t h e S t a t e g o v e r n m e n t s a n d t h e i n t r o d u c t i o n o f m o n a r c h y .”
(Secret
proceedings and debates of the convention of 1787, p. 15 ; 1 Elliott's
Debates, pp. 388, 389.)
Following is direct proof to sustain the foregoing claim that an influ
ential portion of the convention aimed to abolish State governments
and establish a central government monarchical in nature.
('<)X(11!ESSI()NA L EECOllD—SENATE.
ALEXANDER HAMILTON’S PLAN O GOVERNM
F
ENT.
Alexander Hamilton worked for a system of government founded on
legal privileges, and he advocated the election of a President for life.
He advocated such a system because he firmly disbelieved in the people’s
power to govern themselves. This was his mental make-up, for he was
not a Teuton. “ His mother was of French Hugenot descent” and “ his
father immigrated from Scotland.”
(The American Cyclopsedia, title
“ Alexander Hamilton.” )
It has been the Teutonic people who have reached the higher stages
of self-government. This people have possessed a spirit of liberty and
other qualities that have resulted in an orderly self-government far
superior to that which prevailed in the Homan Republic, or in later days
among the French people, who are partly Teutonic.
Alexander Hamilton’s plan of government, though not published to
the American people for 30 years, was known to his fellow delegates;
Hamilton's ideas were that the British system of legal privileges should
be established. He said :
“ I believe the British Government forms the best model the world
ever produced, a n d s u c h h a s b e e n i t s p r o g r e s s in t h e m in d s o f m a n y ,
t h a t t h i s t r u t h g r a d u a l ly g a in s g r o u n d ,
This Government has for
its object public strength and individual security. It if* said with us to
be unattainable. I f i t w a s o n c e fo r m e d i t w o u l d m a in ta in i t s e l f .
“ All communities divide themselves into the few and the many.
The first are the rich and well born, the other the mass of the people.
The voice of the people has been said to be the voice of God : and
however generally this maxim has been quoted and believed, it is not
true in fact. The people are turbulent and changing; they seldom
judge or determine right. Give, therefore, to the first class a distinct,
permanent share in the Government. T h e y w ill c h e c k t h e u n s te a d i n e s s
o f th e s e c o n d , and, as they can not receive any advantage by a change,
they therefore will ever maintain good government. Gan a demo
cratic assembly, who annually revolve in the mass of the people, be
supposed steadily to pursue the public good? N o t h i n g b u t a p e r m a n e n t
b o d y ca n c h e c k t h e i m p r u d e n c e o f d e m o c r a c y .
Their turbulent and
uncontrolling disposition requires checks. The Senate of New York,
although chosen for four years, we have found to be inefficient. W ill,
on the Virginia plan, a continuance of seven years do it? I t is a d
4743
The plan of the Federalists was partially thwarted by tbe Massa
chusetts plan :
PEOPLE’ S RULE PRESERVED THROUGH MASSACHUSETTS PLAN.
Tile Massachusetts State convention, which for several weeks had
refused to adopt the government proposed by the Federalists, finally
reached an agreement with some of them whereby the convention rati
fied the proposed constitution and then requested that the First Conf.ress should submit constitutional amendments limiting the powers of
(lie Federal Government.
This was in pursuance of a “ gentleman’s
aS'i'cemcnt ” that amendments would be submitted.
Other Slate conventions adopted the plan, and thus the Federal Gov
ernment was established, a f t e r w h i c h th e a g r e e m e n t f o r a bill o f r i g h t s
u arf C a,r I tc d o u t, a s is e v i d e n c e d b y a m e n d m e n t s 1 t o 10.
“,at 1S how the State governments and oilier rights were preserved.
Light years later Washington refused to accept more than one reelec* n an5 that prevented the establishment of life tenure for the head
A
5
of the Government.
Then in 1800 the people ousted the Federalist
organization, and it was completely annihilated by 1824.
This prevented the reestablishment of special privileges— an aristocracy of
wealth and the reelection of the President for term after term.
MEANING OF REPUBLICAN FORM OF GOVERNM
ENT.
With the foregoing for a background, let us consider the description
of a
republican form of government,” as actually put forth to the
American people in 1787 by Hamilton, Madison, and Jay in defense of
the government they proposed.
The preamble to the proposed system sa y s: “ We, the people of the
United States,
a n d th e n t h e r e is a c o m p l e t e d e l e g a t i o n o f c e r ta in
p ow ers o f g o v ern m en t:
“All legislative powers herein granted shall be vested in a Con
gress of the United States, which shall consist of a Senate and House
of Representatives.”
The Senators were to be cboseu by the legislatures, to bold office for
six years.
The head of the Government was to he chosen by presidential
electors, wlio should be chosen by legislatures, or in such manner as
they should provide, and lie was to be chosen for four years, w i t h a
m i t t e d t h a t y o u can n o t h a v e a g o o d e x e c u t i v e u p o n a d e m o c r a t ic p la n .
right, t o s u c c e e d h im s e lf.
iS
'ec th e e x c e l l e n c y o f t h e B r i t i s h E x e c u t i v e .
He is placed above temp
tation. He can have no distinct interests from the public welfare.
Nothing short of such an executive can be efficient. The weak side of
a republican government is in danger of foreign influence. This is
unavoidable, unless it is so constructed as to bring forward its first
characters in its support.
I am, therefore, for a general government,
And the Senators and President thus chosen were to select the
few men in the Supreme Court, who were to hold office during good
behavior (for life), though in 1787 it was not hinted that these judges
should possess the power to nullify an act of a legislature or of
Congress.
Thus the power to rule the country was to be delegated to the few
men in office, f o r t h e r e ivas n o bill o f r i g h t s , w h e r e a s e v e r s i n c e th e
y e t w o u l d w i s h to g o th e f u l l l e n g t h o f r e p u b lic a n p r in c ip le s .
“ Let one body of the legislature be constituted during good behavior
or life.
“ Let one executive be appointed who dares execute his powers.
“ It may be asked, I s t h i s a r e p u b lic a n s y s t e m ? I t is s t r i c t l y s o , as
g ra n tin g o f
p r o te c ti o n .
lo n g a s t h e y r e m a in e l e c t i v e .
“ I f t h e p la n o f t h e c o n v e n t i o n , t h e r e f o r e , b e f o u n d to d e p a r t fr o m t h e
r e p u b lic a n c h a r a c t e r , i t s a d v o c a t e s m u s t a b a n d o n i t a s n o lo n g e r d e
fe n s ib le ,
“ And let me observe, that an executive is less dangerous to the lib
erties of the people when in office during life, than for seven years.
“ If may be said, this constitutes an elective monarchy? P r a y w h a t
is a m o n a r c h y ?
May not the governors of the respective States be
considered in that light? B u t b y m a k in g t h e e x e c u t i v e s u b j e c t to i m
p e a c h m e n t , th e t e r m m o n a r c h y c a n n o t a p p ly .
“ These elective monarchs have produced tumults in Rome, and are
equally dangerous to peace in Poland ; b u t th i s c a n n o t a p p l y to t h e
m o d e in w h i c h I w o u l d p r o p o s e th e e l e c t i o n ,
Let electors be appointed
in each of the States to elect the executive (here Mr. II. produced his
plan, a copy whereof is hereunto annexed), to consist of t w o b r a n c h e s ;
and I would give them t h e u n l im i t e d p o w e r o f p a s sin g a ll la ic s, w i t h o u t
e x c e p t io n .
The assembly to be elected for three years, by the people, in
districts. The Senate to be elected by the electors, to be chosen for
(hat purpose by the people, a n d t o r e m a i n in office d u r in g life .
The
e x e c u t i v e to h a v e t h e p o w e r o f n e g a t i v i n g all l a i c s ; t o m a k e w a r o r
p e a c e , w ith th e a d v ic e o f th e S e n a t e ; to make treaties with their
advice; but to have the sole direction of all military operations, and to
send ambassadors, and appoint all military officers; and to pardon all
offenders, treason excepted, unless by advice of the Senate. On his
death or removal, the President of the Senate to officiate, with the same
powers until another is elected. S u p r e m e ju d ic ia l officers t o he a p
p o i n te d b y t h e E x e c u t i v e a n d t h e S e n a t e .
T h e l e g is la t u r e to a p p o i n t
c o u r t s i n e a c h S t a t e , s o a s to m a k e t h e S t a t e g o v e r n m e n t s u n n e c e s s a r y
° “ a h State laws to be absolutely void, which contravene the general
laws. A n officer to b e a p p o in te d i n e a c h S t a t e , to h a v e a n e g a t i v e o n
a ll S t a t e la w s .
A l l t h e m ilitia , a n d th e a p p o i n t m e n t o f o fficers, to be
u n d er th e N a tio n a l G o v e r n m e n t.
_ .
“ I confess that this plan and that from Virginia are very remote
from the idea of the people. Perhaps the Jersey plan is nearest their
expectation. But the people are gradually ripening in their opinions
of government; they begin to be tired of an excess of democracy; and
what even is the Virginia plan, but ‘ pork still, with a little change of
the sauce.’ ”
(Secret Proceedings and Debates of the Convention, 1787,
pp. 1 4 4 -1 4 7 ; also see Elliott’s Debates.)
T11E MIGHTY CONTEST O 17S7 : THE PEOPLE’S RULE VERSUS THE RULE O
F
F
THE FEW.
Something of an idea of the fierce contest that prevailed at this time
can be gathered from the following utterances.
Delegate Martin in his address to the Maryland Legislature concluded
with these w ords:
“ I would cheerfully resign the appointment I now h old ; 1 would
hind myself never to accept another, either under the General Gov
ernment or that of my own State. I would do more, sirs, so d e
str u c tiv e
co u n try,
do
I
c o n s id e r
th e
presen t
system
to
th e
h a p p in e ss
of
my
1 would cheerfully sacrifice that share of property with which
Heaven has blessed a life of industry; I would reduce myself to in
digence and poverty, and those who are dearer to me than my own
existence I would trust to the care and protection of that Providence,
which hath so kindly protected myself, i f on t h o s e t e r m s o n l y I c o u ld
procure
my
c o u n try
to
r ejec t
th o se
c h a in s
w h ic h
a re
fo rg ed
for
i t .’ ’
(Secret Proceedings and Debates of the Convention of 1787, p. 9 7 ; 1
Elliott’s Debates, p. 429.)
In a debate before the Virginia convention Patrick Henry said :
“ Among other deformities, there is an awful squinting, i t s q u in ts
t o w a r d s a m o n a r c h y .”
(Elliott’s Debates, vol. 3, p. 58.)
Richard Henry Lee, in a letter to Gov. Randolph, sa id :
" I t can not be denied with truth that this new constitution is in
f i r s t p r in c ip le s h ig h ly a n d d a n g e r o u s l y o lig a r c h ic , and it is a point
agreed that a government of the few is of all governments the worst.”
M agna
C lia r ta
a ll
A n g l o -S a x o n s
had
possessed
such
a
The Federalists squarely faced the issue. In letter No. 39, addressed
to “ The People of the State of Now York,” it is said :
“ W hat, then, are the distinctive characters of the republican form?
Were an answer to this question to be sought, not by recurring to
principles but in the application of the term by political writers to
the constitutions of different States, no satisfactory one would ever
be found.
Holland, in which no particle of (he supreme authority is
derived from the people, has passed almost universally under the
denomination of a republic. The same title has been bestowed on Venice,
where absolute power over the great body of the people is exercised in
the most absolute manner by a small body of hereditary nobles. Poland,
which is a mixture of aristocracy and of monarchy in their worst
forms, has been dignified with the same appellation. The Government
of England, which has one republican branch only, combined with an
hereditary aristocracy and monarchy, has, with equal impropriety, been
frequently placed on the list of republics. These examples, which are
nearly as dissimilar to each other as to a genuine republic, show (he
extreme inaccuracy with which the term has been used in political
disquisitions.
“ If we resort for a criterion to the different p r in c ip le s on which dif
ferent forms of government are established, we may define a republic
to be, o r a t le a s t m a y b e s t o ic t h a t n a m e o n . a government which derives
all its powers directly or indirectly from the great body of the people,
and is administered by parsons holding their offices during pleasure, for
a limited period, or during good behavior.
“ It is e s s e n t i a l to such a government that it be derived f r o m th e
g r e a t b o d y o f t h e s o c i e t y , not from an inconsiderable proportion, or a
favored class of i t ; otherwise a handful of tyrannical nobles, exercising
their oppressions by a delegation of tlieir powers, might aspire to (lie
rank of republicans, and claim for their government the honorable
title of republic.
“ I t is su ffic ie n t for such a government that the persons administering
it be appointed, either directly or indirectly, by the people, and that
they hold their appointments by either of the tenures just specified :
otherwise every government in the United States, as well as every other
popular government that has been or can be well organized or well
executed, would be degraded from (lie republican character. According
to the constitution of every State in the Union, some one or other of
the officers of government arc appointed indirectly only by the people
According to most of them, the chief magistrate himself is so ap
pointed. And according to one, this mode of appointment is extended
to one of the coordinate branches of the legislature. According lo all
the constitutions, also, the tenure of the highest offices is extended to a
definite period, and in many instances, both within the legislative and
executive departments, to a period of years, according to the provisions
of most of the constitutions, again, as well as according to the most
respectable and received opinions on the subject, the members of the
judiciary department are to retain their offices by the firm tenure of
good behavior.
“ On comparing the constitution planned by the convention with the
standard here fixed, we perceive at once that i t is , in th e m o s t r ig id
s e n s e , c o n fo r m a b l e to i t .”
(The Federalist, pp. 2 3 2 -2 3 4 , Lodge’s ed-.)
In the foregoing the aim is to show that the proposed system of Fed
eral Government is s u ff i c i e n t l y p o p u l a r t o be c la s s e d a s a. r e p u b lic a n
f o r m o f g o v e r n m e n t , as distinguished from a government in which the
few are the ruling power— an aristocracy or oligarchy.
This is consistent with Madison’s statement in Letter No. 43 (p. <
)
above), namely, that a republican form of government is one that is
distinguishable from a government that is “ aristocratic or monarchial.”
In oilier words, a r e p u b lic a n f o r m o f g o v e r n m e n t is a g o v e r n m e n t
th r o u g h w h i c h t h e p e o p l e r u l e , a s d is t i n g u is h e d f r o m
w h i c h th e r u lin g p o w e r is in le s s th a n a m a jo r i t y .
a g o v e r n m e n t in
OON<j
IMESSIONAL KEOOIU> SENATE.
—
4744
To fully realize that this is Madison's meaning one should recall
that in Letter No. ."> the aim is to demonstrate that there is s u ffic ie n t
!»
control in the people to characterize the Government as republican.
It follows that had the Federal Government provided for m o r e power
in the people it would have been m o r e r e p u b lic a n .
For example, had
there been a provision that the public officials— executive, judicial, and
legislative— were to be directly chosen. In such case, without question,
the Government would have been republican in form.
It also is to be inferred that had there been an express provision that
the Members of the House and of the Seuate should be subject to
i n s t r u c t i o n s b p t h e p e o p l e it would have been a republican form of gov
ernment. In determining whether or not a government is republican in
form the only point involved is, Do the people rule?
DIRECT LEGISLATION IN C .U . INATION WITH REPRESENTATIVE GOVERNM
O P
ENT
A REPUBLICAN FORM OF GOVERNM
ENT.
A further corollary is that had the people reserved to themselves the
right to d i r e c t l y e n a c t l a u s w h e n e v e r t h e i r l e g i s l a t i v e r e p r e s e n t a t i v e s
s h o u l d r e f u s e , it unquestionably would have been a republican form of
government, f o r t h r o u g h o u t N e w E n g l a n d a t t h a t t i m e t h e p e o p l e w e r e
le g i s l a t i n g d i r e c t l y , a n d i t te a s a d m i t t e d l y a r e p u b l i c a n f o r m o f g o v e r n
m e n t , for in Letter No. 43, by the Federalist, it is said :
“ But the authority (of the United States) extends no further than
to a guaranty of a republican form of government, w h i c h s u p p o s e s a
g o v e r n m e n t o f t h e f o r m w h i c h is to b e g u a r a n t e e d .
As
long, therefore, as the e x i s t i n g r e p u b lic a n f o r m s are continued by the
States, they are guaranteed by the Federal Constitution. W h e n e v e r t h e
p ree x istin g
S ta te s
m ay
ch oose
to
su b stitu te
o th e r rep u b lic a n
fo r m s ,
th e y
have
a
r i g h t t o d o s o , and to claim the Federal guaranty for the latter.
The
only restriction imposed on them is that they shall not exchange repub
lican for antirepublican constitutions, a restriction which, it is pre
sumed, will hardly be considered a grievance.”
CONCLUSIVE PROOF.
The foregoing is conclusive proof that the State governments of 1787
are the standards whereby a republican form of government, within the
meaning of Article IV , is to be determined ; a n d i t is a n u n q u e s t i o n e d
f a c t t h a t t h r o u g h o u t N e w E n g l a n d a t t h a t t i m e t h e p e o p l e tv e r e l e g i s
la tin g d i r e c t l y .
I t f o l l o w s , t h e n , t h a t d i r e c t l e g i s l a t i o n i n c o m b i n a t io n
w i t h r e p r e s e n t a t i v e g o v e r n m e n t w a s a r e p u b lic a n f o r m o f g o v e r n m e n t in
17S7, a n d s o i t is t o -d a y .
It follows that defendant must meet with an adverse decision by this
court.
The positive proof above set forth is in addition to the express admis
sion by the Federalist in Letter No. 43 that the aim of the guaranty by
the United States is to defend the State systems “ against aristocratic
or monarchical innovations.”
AUTHORITIES.
The fact that in New England in 1787 the people legislated directly
in combination with representative government is mentioned by the
California Supreme Court, and is relied upon to uphold the constitu-
i y- v- P
1
r\
»5c1o+iAn in miihioinol nffnivc? in /lAmhinotinu wifVi
a citv ordinance enacted through the initiative unconstitutional on the
ground that the system is an unrepublican form of government?
The court referred to the well-known fact that at the time the Fed
eral Constitution was adopted the town meeting system of legislating by
direct ballot prevailed, and said :
“ I f the people may legislate directly in a town meeting, they may do
so by their votes at the polls.”
To the same effect is Ilopkins v . Duluth (81 Minn., 189) quoted at
page 11 above.
FURTHER PROOF.
In addition to voting directly at town meetings in New England, the
constitutions of Massachusetts, New Hampshire, and Georgia provided
that t h e p e o p l e s h o u l d d i r e c t l y d e t e r m i n e w h e t h e r a c o n s t i t u t i o n a l c o n
v e n t i o n s h o u l d b e c a lle d t o f r a m e a m e n d m e n t s , and the New Hampshire
constitution provided that th e c o n s t i t u t i o n s h o u l d n o t be c h a n g e d e x
c ep t th ro u g h d ir e c t leg isla tio n — d irec t v o t e
o f t h e p e o p le .
The Massachusetts
Those constitutional provisions are as follows.
constitution declares :
“ In order the more effectually to adhere to the principles of the con
stitution and to correct those violations which by any means may be
made therein, as well as to form such alterations as from experience
shall be found necessary, the general court which shall meet in the year
of our Lord o n e th o u s a n d s e v e n h u n d r e d a n d n i n e t y -f i v e shall issue pre
cepts to the selectmen of the several towns and to the assessors of the
unincorporated plantations d i r e c t i n g t h e m t o c o n v e n e t h e q u a lifie d
v o te r s o f th e ir r e s p e c tiv e t o w n s an d p la n ta tio n s f o r th e p u r p o s e o f c o l
le c tin g t h e i r s e n t i m e n t s o n t h e n e c e s s i t y o r e x p e d i e n c y o f r e v i s i n g t h e
co n stitu tio n .
3536
m
“ And if it shall appear by the returns made that two-thirds of the
qualified voters throughout the State, who shall assemble and vote in
consequence of the said precepts, are in favor of such revision or amend
ment, the general court shall issue precepts, or direct them to be issued
from the secretary's office, to the several towns to elect delegates to
meet- in convention for tbe purpose aforesaid.
“And said delegates to be chosen in the same manner and proportion
as their representatives in the second branch of the legislature are by
thic constitution to be chosen.”
(Massachusetts’ Constitution, 1 7 8 0 1908, chap. 6, art. 10.)
The New Hampshire constitution of 1784 to 1792 declares:
“ To preserve an effectual adherence to the principles of the constitu
tion. and to correct any violations thereof, as well as to make such
alterations therein, as from experience may be found necessary, the
general court shall a t t h e e x p ir a t io n o f s e v e n y e a r s f r o m t h e t i m e t h i s
c o n s t i t u t i o n s h a ll t a k e e f f e c t [1 7 91 ], issue precepts, or direct them to
be issued from the secretary’s office, t o t h e s e v e r a l t o w n s a n d i n c o r p o
r a t e d p l a c e s , to elect delegates to meet in convention for the purposes
n-fAmooW • tbe said delegates to hp f*lir»spn in thp sn.m mornim' and
p
aforesaid;
be chosen in the same manner,
proportioned as the representatives to the general assem bly; p r o v i d e d
t h a t n o a l t e r a ti o n sh a ll be m a d e in t h i s c o n s t i t u t i o n b e f o r e t h e s a m e
s h a ll be laid b e f o r e t h e t o w n s a n d u n i n c o r p o r a t e d p l a c e s a n d a p p r o v e d
b y t w o -t h i r d s o f t h e qu a lified v o t e r s p r e s e n t a n d v o t i n g u p o n t h e q u e s
t i o n .”
The Georgia constitution of 1777, in force until 1789, provides in
article 63 :
“ N o a l t e r a ti o n s h a ll b e m a d e in t h i s c o n s t i t u t i o n w i t h o u t p e t i t i o n s
f r o m a m a j o r i t y o f t h e c o u n t i e s , and the petitions from each county
t o be s i g n e d b y a m a j o r i t y o f v o t e r s in e a c h c o u n t y w i t h i n t h i s S t a t e ,
at which time the assembly shall order a convention to be called for
that purpose, s p e c i f y i n g t h e a l t e r a ti o n s t o b e m a d e a c c o r d in g to t h e
p e titio n s p referr ed
a f o r e s a i d .”
to
th e a sse m b ly
March
b y th e
m a jo r ity
o f th e
co u n ties
as
These provisions for direct action by tlic people, as distinguished
from government through elected representatives, are in addition to
direct legislation in local affairs in New England.
Later, after party government was established in Hie Nation and
when it had degenerated into machine rule (the rule of the few ),
about 1836 to 1844, people partially protected themselves in State
affairs by securing constitutional conventions, in which they framed
limitations upon the powdr of the State “ machine ” by providing in
some cases that State bonds should not be issued e x c e p t w h e r e a p p r o v e d
b y a d ir e c t v o t e o f t h e p e o p l e or in case of war. and t Hat. paper money
siiould not be issued by corporations chartered by ilie Slate “ machine ”
4
e x c e p t w h e r e a p p r o v e d b y d i r e c t v o l e o f tlic p e o p l e .
I t w a s th u s th a t t h e e x c e s s i v e c r e a ti o n a n d r e p u d i a t i o n o f S t a l e
d e b ts w a s t e r m i n a t e d , a n d th a t t h e i s s u a n c e o f “ w ild c u t ” a n d “ b o b t a i l ” p a p e r m o n e y w a s a b o lis h e d .
For example, the Rhode Island
constitution of 1842, article 4. section 13, says :
“ The general assembly shall have no power hereafter, w i t h o u t th e
to incur State debts to an amount exceed
ing $50,000, except in time of war or in case of insurrection or in
vasion, nor shall they in any case, without such consent, pledge the
faith of tbe State for the payment of the obligation of others.”
Michigan followed the next year (1843) with a similar change in
her constitution. A year later New Jersey did likewise.
Two years
later Iowa and New York placed similar provisions in their constitu
tions. Many other States have adopted the system.
The Iowa constitution of 1846, article S, sections 5 and 6. declares :
“ No act of the general assembly authorizing or creating corpora
tions or associations with b a n k in g p o w e r s , nor amendmefits thereto,
shall take effect or in any manner be in force until the same shall
have been submitted separately to the people at a general or special
election as provided by law. to be held not less than throe months after
the passage of tbe act, and s h a ll h a v e b e e n a p p r o v e d b y a m a j o r i t y o f
e x p r e s s c o n s e n t o f th e p e o p le ,
Vil
a ll t h e e l e c t o r s v o t i n g f o r a n d a g a i n s t i t a t s u c h e l e c t i o n .
“ Subject to tbe provisions of the foregoing section, tlic general assem
bly may also provide for the establishment of a State bank with
branches.”
Of the special privilege corporations whose powers ■were thus curbed
not one of them ever applied to a supreme court asking that it abolisli
the people’s protection by declaring tbe system to be unrepublican.
The voters in Pennsylvania were the first to successfully attack the
rule of the few. A constitutional convention was secured in 1838. Four
years later the voters of Rhode Island were successful, as were those
of New Jersey in another two years, 1844, and of New York in 1846,
with the voters of Illinois triumphant at the end of another two years.
Victories in other States followed in rapid succession. Virginia. Michi
gan, and Kentucky in 1850 and Ohio, Indiana, and Maryland the next
year.
Not until after tlic war of 18G0-1S65 did the business men and farm
ers rise en masse against the railway monopolies.
This was termed
t h e g r a n g e r u p r i s i n g , because the newly formed granges were the or
ganizations through which the sentiment of the oppressed found voice.
A constitutional convention was secured in Illinois in 1870 and three
years later in Pennsylvania. In Illinois the next legislature enacted
a drastic railway law.
IVhat followed is described as follows by President Iladlcy, of Yale
University, in his book on Railroad Transportation :
“ This law was pronounced unconstitutional by Judge Lawrence. The
result was that he immediately afterwards failed of rcelection on
this ground. The defeat of Judge Lawrence showed the true signifi
cance of the farmers’ movement.
They wore concerned in securing
what they felt to be tlieir rights, and they were unwilling that anv
constitutional barriers should be made to defeat tbe popular will. Thcv
had reached the point where they regarded many of the forms of law
as mere technicalities.
T h e y w e r e d a n g ero u sly n ea r th e p o in t w h ere
r e v o l u t i o n s b e g in .
“ But they did not
pass the point. Tlic law of 1873 avoided the issue
raised by Judge Lawrence against that of 1871.
Instead of directly
fixing maximum rates, it provided that rates must be reasonable, and
then further provided for a commission to fix reasonable rates. Similar
laws were passed by Iowa and Minnesota almost immediately after
wards. Tbe Legislature of Wisconsin went even further, fixing! by tbe
so-called Potter law, the rates on different classes of goods at figures
which were quite unremunerative. The railroads made vain attempts
to contest these regulations in courts. They were defeated again and
again, and. finally, in 1877. the Supreme Court of the United States
sustained the constitutionality of the granger laws.”
(Hadley on
Railroad Transportation. 133—
135.)
Thus in State affairs the people have been able to protect themselves.
It has been comparatively easy to secure the submission of constitu
tional amendments w h i c h t h e y h a v e a d o p t e d b y d i r e c t v o t e . A n d m o r e
an d m o r e th e c o n s titu tio n a l a m e n d m e n ts h a v e p r o v id e d f o r d irec t leg is
l a t i o n and other forms of restraint upon the party in power.
This
tendency continued u n t i l in r e c e n t y e a r s t h e S t a t e c o n s t i t u t i o n s h a v e
b e c o m e c o d e s o f la w s .
In the words of Ellis P. Oberlioltzer. Ph. D., in the “ Referendum
in America,” first edition (1 8 9 1 ), pages 3 8 - 4 4 :
“ We have to-day come to the point when our State constitutions are
nothing short of codes of laws giving instruction to the legislature and
the other agents of government on nearly every subject of general public
concern, and ofteh stating the methods which shall be used in legis
lating, if not. indeed, actually legislating, on local questions.
* * *
The constitutions have become tbe repositories for much of I lie legis
lation which before was left to lie enacted by the legislatures.”
While these changes were taking place no- one ever asked a supreme
court to declare that it was unropublican.
This stripping of power from the party “ machine ” through adopt
ing constitutional amendments by direct vote of the people is described
by' the Hon. James Bryce, M. P ., in “ The American Commonwealth ”
make for good government,
(American Commonwealth’
1st ed., vol. 3, p. 476.)
The next great stage in tbe restoration of the people's rule in this
country was in 1896 in South Dakota. A t that time the people of the
State adopted a constitutional amendment placing in 5 per cent of the *
voters an option to call for a direct vote on any act of the legislature,
except emergency measures and measures appropriating funds for the
support of tbe State government and its existing public institutions ;
also tbe voters authorized 5 per cent of their number to propose mens- /
tires to their follow citizens, the will of the majority to become t h o / ■
law of the land.
k
M
“ A salutory effort of the forces which
o p e n i n g f o r t h e m s e l v e s a n e w c h a n n e l.”
m
A
/
i
A
CONCESSIONAL RECORD—SENATE.
These now institutions-— Die initiative and referendum, or. to be more
precise, the popular initiative and optional referendum— make more
effective the voters’ acknowledged right to rule, besides abolishing
nearly all the corruption.
During the 10 years that the South Dakota system of Initiative and
referendum have existed only three acts of the legislature have been
ordered to a referendum vote, and these were such that the representa
tives were not charged with corruption. Not even one initiative peti
tion has been submitted, yet the legislature has installed direct nomina
tions and other reforms.
In South Dakota no one has asked the supreme court to abolish the
people’s veto power and power of direct legislation.
It has been ad
mitted that the system is a republican form of government.
A n d f o r 12 y e a r s llic C o n g r e s s o f t h e U n i t e d S t a t e s ha s s e a t e d S o u t h
D a k o t a ’s S e n a t o r s a n d R e p r e s e n t a t i v e s , t h e r e b y d e c la r in g t h a t t h e
i n i t i a t i v e a n d r e f e r e n d u m is a r e p u b lic a n fo r m o f g o v e r n m e n t .
In 1902 the people of Oregon installed the initiative and referendum.
The next year this court, after mature deliberation, decided that the
initiative, in combination with the elective legislative assembly and
elective governor, is a republican form of government in the meaning
of the Federal guaranty. In the meantime the Congress of the United
States had seated Oregon's Senators and Representatives, thereby de
claring again that the initiative and referendum is a republican form of
government.
Later, 1900, tlie people of Montana installed the initiative and refer
endum and Congress seated their Senators and Representatives.
The following year the people of Oklahoma adopted a system of gov
ernment in which there is the initiative and referendum, and the Presi
dent in his proclamation announcing the admission of the State de
clared that the system is a republican form of government. When Con
gress assembled it seated the Senators and Representatives.
SUMMARY.
It is clear that the history of our country demonstrates that the
meaning of “ republican form of government ” is a government in which
the people rule as distinguished from a government in which the ruling
power is in a single individual or in less than a majority— a monarchy
or an oligarchy (aristocracy).
On this point kindly review the evidence, beginning at page 9.
B.
Narrower Meaning
of
R epublican F orm
of
Government.
But for the affirmative decision of the question. Is direct legislation
in combination with an elective legislative assembly a republican form
of government within the meaning of the Federal guaranty? a much
narrower meaning of republican form of government will suffice: I t w i l l
b e su ffic ie n t t o h o ld th a t t h e g u a r a n t y o f t h e m a i n t e n a n c e o f a r e p u b
lic a n form , o f g o v e r n m e n t w it h in t h e m e a n in g o f A r t i c l e I V o f t h e F e d
e r a l C o n s t i t u t i o n is t o b e i n t e r p r e t e d in t h e l ig h t o f t h e S t a t e g o v e r n
m e n t s o f 1787, e a c h o n e o f w h i c h w a s , a d m i t t e d l y , a r e p u b lic a n f o r m o f
g o v ern m en t,
Following is an accurate description of tbe essential parts
of these State governments:
1. A GOVERNM
ENT THROUGH WHICH TIIE PEOPLE RULE, AS DISTINGUISHED
FROM THE GOVERNM
ENT IN AN OLIGARCHY O MONARCHY.
R
W e have pointed out at page 15 above that in 1787 the system of
government in the States was such that t h e p e o p l e r u le d , as distin
guished from a government in which the ruling power is in less than a
majority.
The aim of the Federalist was to terminate the people’ s
rule (pp. 20-2G above), but they failed, because of the success of the
Massachusetts plan (p. 25 above), followed by Washington’s refusal to
accept more than one reelection, and then party government was estab
lished, and in the campaign of the year 1800 the Republican Party was
elected to office. Then the Federalist Party dwindled and died.
2. A REPRESENTATIVE DEM
OCRACY AS DISTINGUISHED FROM A PURE
DEM
OCRACY.
A second distinguishing feature of each of the 13 States is that
they were representative democracies as distinguished from pure de
mocracies— that is, they were democracies in which representatives were
employed. This is an undisputed fact.
Furthermore, these 13 democracies were the first representative de
mocracies on this planet. In the evolution of government the Ameri
cans were the lirst of the Teutonic people to develop in a new country
practically untrammeled by the conditions that existed in Europe, and
it resulted in representative democracies. In Europe for more than
2,000 years the states had been growing in size through conquest,
which bad resulted in the rule of tbe few. But when the conditions
that had come about through conquest were removed— that is, when the
people settled in a practically uninhabited land— it resulted in repre
sentative democracies. This establishment of self-government in a
large state was merely a reversion to the main features of the system
of government that existed before conquest had altered the conditions,
for it is a historical fact that in early times when Cesar and the Ro
man legions attempted to conquer tbe Teutons some of their states were
republics-—the people were tbe ruling power and every citizen was
eligible to the presidency— and in the other states, though the head of
the government was elected from a certain family, tbe people by ma
jority vote determined the public policies.
(History of tbe English
Constitution, by Prof. Rudolph Gneist, vol. 1, p. 15. See also writings
of Bishop Stubbs.)
One of the most striking institutions of the Teutonic people is repre
sentative government. It did not exist in tbe Roman civilization, nor
among tbe Greeks or Persians.
It is tbe product of tbe people who
have been the latest to develop.
474.1
e a c h fr e e m a n v o t e d .
The selectmen or any 10 voters could call a
special town meeting.
In tbe course of time the settlements confederated, and it became
necessary to employ representatives. H u t th e p e o p le r e t a in e d d ir e c t
le g i s l a t i o n in lo c a l a ffa ir s a n d t h e i r r e p r e s e n t a t i v e s
w ill.
Proof of tbe right to instruct is presented in
w e r e in s t r u c t e d
at
a later section.
The remarkable value of this system is stated as follows in Democ
racy in America, by Alexis De Toequeville. tbe noted French historian :
“ In New England townships were completely and definitely consti
tuted as early as 1050. The independence of the township was the .
nucleus round which the local interests, passions, rights, and duties col- 1
‘ feted and clung. It gave scope to the activity of real political life,
thoroughly democratic and republican. The coloiiies still recognized the
supremacy of the mother country ; monarchy was still the law of the
S ta te ; b u t t h e r e p u b l i c w a s a l r e a d y e s t a b l i s h e d in e v e r y t o w n s h i p .
‘ th e American Revolution broke out and t h e d o c tr in e o f th e s o r °f
1,10 i, c °P l o c a m e o u t o f t h e t o w n s h i p s a n d t o o k p o s s e s s i o n o f
t h e S t a te .
Every class was enlisted in its cause; battles were fought
and victories obtained for i t ; it became the law of laws.”
(Democracy
in America, by De Toequeville, vol. 1. p. 50.)
In Massachusetts and New Hampshire the voters enacted the State
constitutions. In Massachusetts they first rejected one proposal for a
State government. In New Hampshire three proposals for a State gov
ernment were rejected.
Furthermore, in the Massachusetts constitution of 1780, in force in
1787. i t w a s p r o v i d e d t h a t in t h e y e a r 1 7 % t h e v o t e r s bn d ir e c t b a llo t j
sh o u ld
d eterm in e
w h eth er
or
not
th e
c o n s titu tio n
s h o u ld
be
rev ised .
(Page 30 above.)
And in New Hampshire the constitution of 1784 to 1792 declares that
at the “ expiration of seven years from tbe time this constitution shall
take effect” (1791) the legislature shall issue “ precepts, or direct them
to be issued from the secretary’s office, to the several towns and incor
porated places, to elect delegates to meet in convention for the purposes
aforesaid ; tbe said delegates to be chosen in tbe same manner and pro- i
portioned as the representatives to tbe general assem bly; p r o v i d e d th a t '
n o a l t e r a ti o n s h a ll b e m a d e in t h i s c o n s t i t u t i o n b e f o r e t h e s a m e sh a ll be
la id b e f o r e tlic t o w n s a n d u n in c o r p o r a t e d p l a c e s , a n d a p p r o v e d b y t w o t h ir d s o f t h e q u a lified v o t e r s , a n d v o t i n g u p o n t h e q u e s t i o n ,”
In addition to these provisions for direct legislation on State ques- i
tions the Georgia constitution of 1777, in force until 1789, provides in
Article L X III :
“ No alterations shall be made in this constitution without petitions
from a majority of tbe comities, and the petitions from eacli county t o
be s ig n e d b y a m a j o r i t y o f v o t e r s i n e a c h c o u n t y w i t h i n t h i s S t a t e : at
which time the assembly shall order a convention to bo called for that
purpose, s p e c i f y i n g t h e a l t e r a ti o n s to b e m a d e , a c c o r d in g to t h e p e t i
t i o n s p r e f e r r e d to th e a s s e m b l y b y t h e m a j o r i t y o f t h e c o u n t i e s a s u f o r c saitt.”
In each of the 13 Slates the voters possessed the right to instruct
representatives. T h r o u g h t h i s s y s t e m t h e p e o p l e c o u ld s t a r t l e g is la t io n
a n d s e c u r e i t s e n a c t m e n t , a n d t h e y c o u ld s t o p t h e e n a c t m e n t o f p r o - 1
p o sed m ea su res.
O f c o u r s e t h e m e r e p o s s e s s i o n o f t h e p o w e r d id p r a c - '
t i c a l l y a ll t h e tco r k .
SUMMARY.
Tlie foregoing historical facts demonstrate that in 1787 in several o f
the American States, at the time of the adoption of the Federal Consti
tution, the Government was partly direct and partly representative—
mixed government. That, combined with 1lie national government of
the American Confederacy, was the system that existed in the American
representative democracies.
Judged by this standard tbe existing system of real direct legislation
that is used in combination with representative government in Okla
homa, Montana. Maine, and Missouri, is o f t h e c h a r a c t e r t h a t e x i s t e d in
se v e r a l o f th e S ta te s at th e tim e o f th e a d o p tio n o f th e F e d era l C o tisti- '
t u t i o n , a n d , t h e r e f o r e , t h e s y s t e m is a r e p u b lic a n f o r m o f g o v e r n m e n t .
IV.
DEFENDANT’ S FALLACIOUS ARGUMENTS.
Defendant’s constructive argument (pp. 2 0 -5 1 ) ignores the fact that
there is such a thing as representative democracy.
And in the constructive portion of his brief he ignores the further
fact lhat tbe governments in New England and in Georgia in 1787 were
mixed governments.
T o h a v e a d m it t e d c i t h e r o f t h e s e f a d s w o u l d h a v e d e s t r o y e d
d e fin it io n s o f r e p u b lic a n d d e m o c r a c y , o n w h i c h h e r e lie s .
th e
j
These definitions arc obtained by defendant from a present-day die- ■
tionary. It is well understood that a mere dictionary definition is of ;
little or no value for interpreting legal terms.
In the case at bar, i
the truth of this statement is apparent, if the standard adopted by j
defendant be applied. This standard is also adopted by us, and is as
follo w s:
“ The guaranty of the Federal Constitution, in Article IV, section 4, | ;
is to b e i n t e r p r e t e d in t h e l i g h t o f g o v e r n m e n t s in e x i s t e n c e w h e n th e j j
C o n s t i t u t i o n w a s a d o p t e d .”
(Page 39 of defendant’s brief.)
By applying this standard to defendant's dictionary definitions llioy j
are found to be incomplete and inaccurate. Defendant says :
“ Webster defines a r e p u b lic to b e; ‘A State in which the sovereign Jj
power resides in the whole body of the people, a n d i s e x e r c i s e d b y j
;
r e p r e se n ta tiv e s
e lec ted
b y t h e m .’ ”
This italic text is not an accurate description of the State gov- ?
emments of 1787. f o r in F e w E n g l a n d a n d in G e o r g ia t h e g o v e r n m e n t s
w e r e p a r t l y d i r e c t a n d p a r t l y r e p r e s e n t a t i v e ; pages 38—
41, above.
Thus defendant’s basic proof is faults*.
Defendant goes on to s a y :
,
T h e b a se s o f th is r e p r e s e n t a t i v e g o v e r n m e n t a n d o f t h e o t h e r f a c t o r s
“ This definition— Webster’s definition of a republic— was adopted by I
i n o u r p r e s e n t -d a y c i v i l is a t io n a rc t r a i t s t h a t w e r e n o t p o s s e s s e d b y
the Supreme Court of the United States in its opinion in Downes v . 1
t h e e a r lie r n a tio n a litie s.
T h e se ad ded tra its a re a sp ir it o f lib e r ty
Bidwclf.
(182 U. S.. 2 7 9 .) ”
f a r g r e a t e r t h a n t h a t o f t h e R o m a n s o r G r e e k s , a n d a h ig h e r m o r a l
W hat the court did was merely to quote Webster’s definition, and the
c h a r a c t e r , in c lu d in g a r e c o g n i t io n o f r e s t e d r ig h ts .
This last-named question of the constitutionality of direct legislation was not entered
point will fully appear in a later section wherein the history of the into and was not Involved in any way.
American people is outlined.
Defendant further says :
Though the self-governing American people of the year 1<87 em
“ A d e m o c r a c y Webster defines as : ‘A government by the people; a I
ployed representatives, t h e y a ls o l e g is la te d d i r e c t l y i n s e v e r a l o f t h e
form of government in which the supreme power is retained a n d d i r e c t l y I
S ta te s.
In other words, the governments In several of the representa e x e r c i s e d b y t h e p e o p l e / ”
tive democracies that first existed on this earth were mixed govern
The first part, namely, that a democracy is a government bv tbe t
ments— partly representative and partly direct. 1 roof is as follo w s:
people, is clearly correct, b u t th e l a t t e r p a r t is o b v i o u s l y n o t c o r r e c t if j
THE GOVERNM
ENTS IN SEVERAL OF THE REPRESENTATIVE DEM
OCRACIES i t is i n t e r p r e t e d s o a s t o e x c l u d e r e p r e s e n t a t i v e d e m o c r a c y . Apparently
OF 1787 W
ERE TARTLY REPRESENTATIVE AN PARTLY DIRECT.
D
defendant so interprets it, and since, as we have pointed out, repreTlic colonists who arrived in New England settled in a practically sentative democracy existed in the various States during and prior to
uninhabited land. Such of the tribes as lived in thc_ country were much the adoption of the Constitution (p. 37, above), tbe fallacy involved in :
lower in civilization. The settlers came from England, and they defendant’s argument is clearly obvious.
Thus, defendant’s definitions of. republic and democracy are incorrect,
brought with them their liberty-giving political institutions. T h e g o v
judged by defendant’s own standard.
e r n m e n t in lo c a l a ffa ir s w a s c o n d u c te d a t p u b lic m e e t i n g s i n w h ic h
3.
COXGBESSIOXAL EECOKO— 8EXATE.
M
abch
Commonwealth (0 Barr (P a .), 507. 512. 516. 519) ; Borough of W est
Philadelphia (5 W alts and Sarg. (Pa. ), 283) ; Clarke r. Citv oi Rochester
(28 N. Y .. 006. 6 6 3 ). More In d e ta il:
In State v . Swisher the Supreme Court of Texas, in 1850, declared
p e o p l e .'’
Surely this is a democracy. Yet defendant claims that this demo that the legislature had no power (o pass a local-option liquor law.
The reason assigned was that the legislature had no power to delegate
cratic Republic is not a democracy. Ilis caption on page 2G i s :
to the voters of the county the question of whether or not the sale of
DIFFERENCE BETWEEN A REPUBLIC AND A DEM
OCRACY.
intoxicating liquor should be licensed.
“ B ut,” continues the court,
C o u ld t h e r e he a g r e a t e r i n c o n s i s t e n c y t
“ besides the fact that the constitution does not provide for such ref
B u t th e m o t i v e is c l e a r l y a p p a r e n t .
D e f e n d a n t is c la im in g t h a t
erence to the voters to give validity to the acts of the legislature, we
d e m o c r a c y — t h e p e o p l e ’s r u le — is “ t h e i r r e s p o n s i b l e d e s p o t i s m o f t h e
regard it as repugnant to the principles of the republican government
m o b ” e t c ., a n d is a s k in g t h i s c o u r t t o d e s t r o y O r e g o n ’ s i n i t i a t i v e .
formed by our constitution.” Later, however, a local-option liquor law
,S h o u ld t h i s d e f e n d a n t — a s p e c i a l -p r i v i l e g e c o r p o r a t i o n — s u c c e e d h e r e
was held valid in the Texas Supreme Court.
The cases nrc San An
in O r e g o n , i t w il l o p e n t h e w a y f o r a s i m il a r a s s a u l t o n t h e p e o p l e ’ s
tonio v . Jones (28 Tex., 3 2 ), Werner v . City of Galveston (72 Tex., 2 2 ),
r u le in th e 5 o t h e r S t a t e s t h a t h a v e e s t a b l i s h e d t h e i n i t i a t i v e , a n d in t h e
Johnson v . Martin (75 Tex.. 5 3 ).
o t h e r Jfi S t a t e s i t w il l t e n d t o p r e v e n t t h e o v e r t h r o w o f m a c h in e r u l e — •
In Rice v . Foster the Delaware Supreme Court, in 1847, decided
that the legislature was not authorized to
pass alocal-option liquor
t h e r e e s t a b l i s h m e n t o f t h e p e o p l e ’s r u le .
law.
In this case, as later occurred in State v . Swishqr. above de
Still another way to show up the fallacies in defendant’s definitions
is to read James Madison's description of a republic in the Federalist, scribed. there is obiter dicta, in which the Federalist idea is enunciated.
But defendant's brief fails to add that s i n c e t h e s e d e c is i o n s w e r e r e n
in letter No. 39, quoted at page 20, above.
To make our position perfectly clear we repeat that, according (o d e r e d t h e c o u r t s o f t h e c o u n t r y h o ld w i t h p r a c t ic a l u n a n i m i t y t h a t
the use of words in 1787, a republic is a democracy (the people’s rule), l e g i s l a t u r e s , u n d e r t h e S t a t e c o n s t i t u t i o n s , a r c c l o t h e d w i t h p o w e r to
as distinguished from a monarchy and an oligarchy (aristocracy). The r e f e r t o t h e v o t e r s t h e q u e s t i o n o f a d o p t i n g l o c a l -o p t i o n la w s .
In People v . Collins in the Michigan Supreme Court, in 1854, it was
means whereby the people ruled in 1787 was partly direct and partly
decided that the legislature had not the power under the State con
through representatives (mixed government).
stitution to refer to the people the question of whether or not a bill
T h a t t h e p e o p l e r u le d in t h e t h i r t e e n S t a t e s in 1781 i s d i s t i n c t l y s t a t e d
for a State law should take effect. The question was simply as to the
in t h e p r o c e e d i n g s o f t h e R a t i o n a l C o n s t i t u t i o n a l C o n v e n t i o n .
power conferred upon the legislature by the State constitution.
S o h o w ca n t h e d e f e n d a n t , w h o a c c e p t s t h e S t a t e g o v e r n m e n t s o f 1787
In Thorne v . Cramer the New York Supreme Court points out the
a s t h e s t a n d a r d f o r d e t e r m i n i n g t h e m e a n in g o f “ r e p u b l i c a n f o r m o f
well-known need for representatives in great States.
g o v e r n m e n t ,” cla im t h a t i t is a g o v e r n m e n t in w h i c h t h e p e o p l e do
In Parker v . Commonwealth the Supreme Court of Pennsylvania, in
n o t ru le?
1847, decided that a local-option liquor law was unconstitutional.
The position is utterly indefensible.
There are other ways whereby their incorrectness can bo shown.
Glance back at the first part of the, definition of a republic, namely,
“ A State in which t h e s o v e r e i g n p o w e r r e s i d e s in t h e w h o l e b o d y o f th e
a
I
FURTHER DETAILS.
Defendant quotes from many cases; also from various statements
uttered in 1787, and from textbooks.
Home of these are in harmony with our argument, while in others
there is a fallacy, namely, that a republican form of government, within
the meaning of the Article IV' in the Federal Constitution, is a repre
sentative government. The fact is that the governments in the thirteen
States of 1787 were partly direct and partly representative (p. 38,
above).
In section 4 a half truth is told, namely, that the extent of the
territory of the States long sufficed, in the judgment of the friends of
the Constitution, to condemn the establishment of a democratic form
of government. The error would have been avoided by saying “ a p u r e l y
democratic form of government.”
In section 6 the defendant claims that “ republican form of govern
ment,” as those words were used by the framers of the Constitution,“was
used to distinguish the “ American from the other Republics by the
introduction of the principle of representation” (p. 4 3 ).
Very well.
We will admit it: for the sake of argument, a n d t h e n w e p o i n t t o t h e
u n d i s p u t e d f a c t t h a t in c o n n e c t i o n w i t h t h e p r i n c ip l e o f r e p r e s e n t a t i o n
t h e r e e x i s t e d a l s o , a l o n g s i d e o f i t , t h e p r i n c ip l e o f d i r e c t le g i s l a t i o n .
D e f e n d a n t q u o t e s la r g e ly f r o m
t h i s c a s e , b u t fa i l s t o i n f o r m
J
■/
th is c o u r t
that, t h e c a s e h a s b e e n o v e r r u l e d .
In Locke's Appeal (72 l ’a., 4 9 1 ),
decided in 1873, it is said :
“ It is argued that Parker v . Commonwealth (0 Barr) decided the
question before us. T h a t c a s e u -a s o v e r r u l e d s o o n a f t e r i t w a s d e c id e d .
not in express terms, it is true, but its foundation was undermined
when it was held that laws could constitutionally be made dependent
on a popular vote for their operation.”
In Borough of W est Philadelphia and in Clarke v . City of Rochester
the utterances quoted by defendant arc merely the obiter dicta of the
judges who wrote the decisions.
SUMMARY.
It is clear that the defendant’s authorities do not prove his case, the
difficulty being that his proposition that the Republic of 1787 was not
a democracy but an oligarchy is not capable of substantiation.
The foregoing review of defendant's authorities takes us where lie
starts in to answer some of the State of Oregon’s claims. This lie docs
at page 66, section 10.
DEFENDANT’ S ANSWER IS INSUFFICIENT.
V?
In answer to the unquestioned fact that State constitutions are
adopted by direct vote of the people and that this system is admittedly a
republican form of government, defendant states that the adoption of
constitutional amendments “ is not legislation.”
This answer is insufficient, f o r t h e c o n s t i t u t i o n s c o n ta in s u b j e c t m a t t e r
t h a t is a s p u r e l y l e g i s l a t i v e a s a n y t h i n g c a n b e .
(See pp. 33, 34, above.)
Defendant's next point is as follow s:
“ (b) Nor does the practice of legislating directly in municipal affairs
furnish a precedent. It has been pointed out that nothing is more
firmly engrafted on the institutions of this country than the practice of
conducting the business of municipalities by assemblies of voters.”
We submit that the above is ail inadequate answer, f o r d e f e n d a n t
This completely spoils the defendant’s case, for it demonstrates that
the Government was a combination of the two systems— mixed govern
ment.
Defendant tries to wriggle out of it. He admits, at page 52, that
direct legislation existed in local affairs in “ Massachusetts and other
States,” and then he attempts to avoid the effect of this admission by
stating as a positive fact the very question at issue, n am ely:
“ The Federal Government recognizes only one method of exercising
the State legislative powers, i. e., by State legislatures.”
When a defendant argues in this manner it is pretty certain that his
contention is a very difficult one to establish.
In the next section (p. 53) the defendant squarely faces the issue, but s i m p l y a d m it s t h a t t h e s y s t e m e x i s t e d , l i e a d m it s t h a t i t is d i r e c t
the evidence he presents does not prove his case. His claim is :
l e g i s l a t i o n , a n d t h a t t h e s y s t e m w a s in u s e i n 1787.
In o t h e r w o r d s , he,
“ Direct legislation is invalid, because government by the people a d m it s t h a t t h e g o v e r n m e n t s in t h e r e p r e s e n t a t i v e d e m o c r a c i e s in N e w
directly is inconsistent with our form of government.”
E n g la n d w e r e m ix e d g o v e r n m e n ts .
Such is the caption, and the opening statement is as follows :
SUMMARY.
“ It has been shown that the vital element in a republican form of
W e submit that defendant has not proven his case. He has not
government, as that phrase is used in American political science, Is
rep r esen ta tio n .
Legislation by the people directly is the very opposite, presented to this court the slightest ground for it to declare that “ repub
the negative, of this principle. It can therefore have no place in our lican form of government,” within the meaning of the guaranty in the Fed
form of government. Indeed, it has been repeatedly said to be contrary eral Constitution, is anything more than a guaranty “ against aristo
to and subversive of the structure of our Republic.”
(Italic letters arc cratic or monarchical innovations,” as is expressly declared in Letter No.
defendant’s.)
(Defendant’s brief, p. 53.)
43 in the Federalist. And even where, for argument’s sake, we take
The fallacy is in the claim that representation is the sole and only up other features of the State governments we find that several of these
method whereby the people ruled at the time of the adoption of the State governments of 1787 were partly representative and partly direct.
Federal Constitution.
Therefore, even by this standard, the present-day system of real direct
Defendant attempts to prove his claim by the following authorities, legislation in combination with representative government is a repub
but he completely f a ils :
lican form of government within the meaning of the guaranty in the
Federal Constitution.
REVIEW OF DEFENDANT'S AUTHORITIES IN SECTION 9.
He quotes from Letter No. 63 in the Federalist, which merely dis
tinguishes the modern democracies (representative democracies) from
the democracies of earlier times— pure democracies.
Defendant relies upon in re Duncan (139 U. S., 4 4 9 ). Following is
his quotation from the c a se :
“ By the Constitution a republican form of government is guaranteed
to every State in the Union, and the distinguishing feature of that form
is the right of the people to choose their own officers for governmental
administration and pass their own laws in virtue of t h e l e g i s l a t i v e
p o w e r r e p o s e d in r e p r e s e n t a t i v e b o d ie s whose legitimate acts may he
said to be those of the people them selves; but while the people are
thus the source of political power their governments. National and
State, have been limited by written constitutions, and they have them
selves set bounds to their own power as against the sudden impulses
of mere majorities.” (P. 54 of defendant’s brief.)
The facts before the Chief Justice when he delivered the foregoing
opinion d id n o t in c lu d e t h e q u e s t i o n o f w h e t h e r d i r e c t l e g i s l a t i o n is
o r is n o t i n c o n s i s t e n t w i t h a r e p u b lic a n f o r m o f g o v e r n m e n t , a n d h e
in t h e o p in io n d o c s n o t r e f e r in a n y w a y to d i r e c t l e g is la t io n .
Approxi
**
mately the statement in italics is correct, for it is a well-known fact
that in the various States of the Union at the time the foregoing was
written, and in 1787, representatives were employed and the legislation
enacted was almost exclusively by them, but direct legislation existed
to some extent, as is demonstrated by us at pages 3 8 -4 0 above.
Next, defendant quotes from State courts in which the Federalist
position is asserted in obiter dicta or in the points decided, hut, as we
have shown in an earlier section, the Federalist idea completely failed
through the success of the Massachusetts plan.
This is a complete
answer to the statements quoted from State v . Swisher (17 Tex. 448.
4 4 9 ; Rice v . Foster (4 Harr. (Del.)* 4 7 9 ) ; The People v . Collins (3
Mich., 416, 417) ; Thorne v . Cramer (15 Barb (N. Y .) . 112) ; Parker v .
f
V. THROUGH THE INITIATIVE THE PEOPLE OF OREGON HAVE REASSERTED
THEIR RIGHT TO RULE.
In the use that has been made of the initiative in Oregon in the de
fendant’s case, the people and the governor have merely levied a
reasonable tax which, in several States, has been levied by the legisla
ture.
(21 Am. and Eng. Ency. of L., 778, note 6.)
Iii Oregon the
legislature refused to levy such a tax, and it did so in controvention ol’
the people's will, as is evidenced by their vote on the initiative meas
ure, namely, yes, 7 0 ,8 7 2 ; no, 6,360, or 11 to 1.
In other words, through the use of the initiative the people of Oregon
have reasserted their right to rule. They have discarded the rule of
the few under guise of popular government— machine rule. In a short
time the membership in the legislatures will be such that the people’s
wishes will doubtless be carried out by their representatives. Such is
the case in many of the States to-day, and the same will become true in
Oregon.
AVe have presented one instance of where the Oregon legislative as
sembly refused to carry out the people’s will.
Other examples are as
fo llo w s:
The legislative assembly refused to establish a system of direct nomi
nations and the people got it through direct legislation. But in threcfourtlis of the States of the Union the legislature has established direct
nominations, thereby reflecting the people’s will. Oregon’s Legislature
refused to empower the people to say whether or not the sale of intoxi
cating liquor should he licensed in their midst, and it was through direct
legislation that the people secured the system.
In more than threefourths of the States in this country the right was granted by the legis
lature.
In Oregon the legislature refused to prohibit the railroads from dis
criminating by giving passes. In most of the other States of the Union
the legislature terminated the giving of these special privileges.
V'
4
4
CONGRESSIONAL RECORD— SENATE.
T h e s e e x a m p l e s d e m o n s t r a t e t h a t th r o u g h
th e in itia tiv e th e p eo p le o f
O r e g o n h a v e r e a s s e r te d t h e i r r i g h t t o r u le .
In a later section we ex
plain how it came about that machine rule was established.
VI. DEFENDANT'S BEAL CONTENTION IS THAT REPRESENTATIVES ARE
RULERS.
Defendant's real contention is iliat a republican form of government,
within the meaning of the Federal guaranty, is a government in which
the legislative representatives are rulers— are not delegates (agents).
Proof that this is defendant’ s real contention is the fact that he is
objecting to the people's rule. The people of Oregon willed that the
gross receipts of telegraph and telephone companies shall be taxed, and
the defendant objects.
Further proof is defendant's concluding statement at page 11 < :
“ The question is submitted with coniidence that the courts of this
country will protect the people in the enjoyment of those constitutional
checks and safeguards against their own power which, with wisdom and
deliberation, they created for themselves. I n j u s t i c e a n d m is r u le have
characterized all unconstitutional democracies a n d a ll p o p u la r g o v e r n
m e n t s a d m in i s t e r e d i n a c c o r d a n c e
m u ltitu d e ( m a jo r ity r u l e ) ."
w ith
th e
w h im s a n d c a p r ic e s o f t h e
.
On page 22 the defendant speaks of the rule of the majority as
the
irresponsible despotism of the mob,” and says that it " has no place
in our policy.”
In other words, defendant claims that the few men elected to office
by the voters are their rulers; that legislative policies should be de
termined by the representatives of the voters.
OU ANSWER.
R
Our answer is that the system of government in each of the 1.1 States
in 1787 was such that tlie representatives were not rulers but dele
gates— agents.
Convincing proofs are the Bills of Rights in five of the States,
wherein t h e v o t e r s r e s e r v e d t h e r i g h t t o a s s e m b l e t o i n s t r u c t t h e i r
r e p r esen ta tiv es.
The States were North Carolina. Pennsylvania, M as
sachusetts, New Hampshire, and Vermont. The wording of the reserva
tion is substantially as follows :
“ No law shall lie passed restraining any of the inhabitants of the
State from assembling together in a peaceable manner t<j consult for
their common good, nor for i n s t r u c t i n g t h e i r r e p r e s e n t a t i v e s , nor from
applying to the legislature for redress of grievances.”
(Constitution of
Oregon. 1837, art. 1, sec. 27.)
Further proofs are the newspapers and other written records of that
era in w h i c h a r e c h r o n ic le d t h e i n s t r u c t i o n s t h a t w e r e a c t u a l l y g i v e n
to th e r e p r esen ta tiv es.
These records show that at the time of the
adoption of the Federal Constitution most of the delegates to the State
conventions were instructed, which reveals a habit of instructing repre
sentatives. The evidence on this last-named point has been carefully
collected by Mr. O. G. Libby, of Wisconsin University, who says :
“ Very many delegates went instructed to conventions and voted according to their instructions, and in many other cases there was a cor
respondence between the votes of the delegates and the ascertained atti
tude of the constituency ; only three exceptions have been discovered.
When the difficulty of recovering such instructions from scattered town
records, newspapers, etc., is considered the number of them existing is
quite remarkable.”
(Bulletin of the University of Wisconsin, vol. 1,
pp. 5 and 6 .)
. . . . . .
In a later chapter in which Mr. Libby reviews the evidence from which
the foregoing generalization is made, lie says:
The evidence reveals a h a b it o f i n s t r u c t i n g r e p r e s e n t a t i v e s f ir m ly fix e d
in t h e p o l i t i c a l id e a s o f t h e t i m e .
. . . . . .
... ,
The evidence which Mr. Libby presents shows that in the States out
side of New England the principal method whereby the people voted on
the adoption or rejection of the proposed constitution .of 1787 was by
voting for pledged candidates.
MEANING OF RIGHT TO INSTRUCT.
W hat is really meant by a right to instruct is stated as follows in
the minutes of the Boston town meeting of 1764 :
“ By this choice thev [the freeholders of this town] have delegated
to you the power of acting in their public concerns, in general, a s y o u r
p r u d e n c e s h a ll d i r e c t y o u ; a l w a y s r e s e r v i n g t o t h e m s e l v e s t h e c o n s t i t u t io n a l r i g h t o f e x p r e s s i n g t h e i r m in d s a n d g i v i n g y o u s u c h i n s t r u c t i o n s
u p o n p a r t ic u la r m a t t e r s , a s t h e y a t a n y t i m e s h a ll ju d g e p r o p e r .3
3
( Proceedings of ilie American Political Science Association, 190 (, vol. 4,
)J' /n e t h e r words, t h e l e g i s l a t i v e
They are clothed
their constituents shall choose to
town meeting records this right
stitutional right,” which means
memorial.
a n d n o t r u le r s .
(a g e n ts )
with discretionary power except, when
decide for themselves. In the Boston
to instruct is spoken of as a “ con
that it had existed from time im
r e p r e s e n t a t i v e s a rc d e le g a te s
l’ROOF OF USE OF INSTRUCTIONS.
In the township of Boston the right to instruct representatives in
the general court (legislature) was exercised 1 2 times during the
seventeenth century. In the eighteenth century such instructions were
"iven at least 1 0 times before the right was inscribed in the State con
stitution.
(Proceedings of the American Political Science Association,
Following’ bs \)’roof that Members of Congress were instructed by
direct vote of the people at town meetings, also that two proposals for
a State constitution were directly voted upon by the people at town
iTiPfit ings.
The minutes o f the town clerk o f Weston, Mass., are republished in a
4747
Twenty days later another special town meeting was held and it
was voted not to act upon the warrant.
March 2 the regular annual town meeting was held at whiefr consid
erable business was transacted and an adjournment taken for one week.
May 18 the freeholders and other inhabitants met to choose a repre
sentative in the great and general court (legislature) to assemble
May 27.
Ten days later tiie freeholders and other inhabitants met at 4
o clock p. m.—
“ 1. T o h e a r t h e f o r m o f g o v e r n m e n t a s a d o p te d b y t h e c o n v e n t i o n
o f y e M a ssa ch u setts B a y
and a ct th ereo n .
“ 2. To know the minds of the town if they will do anything rela
tive t 0 the war committee.
“ 1. Also to know their minds if they will make an additional grant
to ^support the war.
“ f
k)low the minds of the town if they will allow to each man
drafted for three months last August for ye northern campaign what
they pay, respectively, for hiring of men.
<
<
then cIl0sc M>\ Joseph Roberts moderator for the meeting.
1 . Voted to act upon the constitution and form of government sent
for their consideration.
“ -• Voted to choose a committee of nine men, and nominations being
c <<o r1 ie following gentlemen were nam ed: * * *.
"
“ 1- Voted that the above committee take under consideration the
plan of government a n d m a k e a r e p o r t to t h e t o w n a t t h e t i m e o f t h e i r
a d jo u r n m e n t.
[Three other objects were considered and voted upon.]
“ Voted to adjourn to June 8 at 3 o’clock.”
Agreeable to the adjournment, the inhabitants met and voted as
follow s:
C
For the approbation of ye constitution of government____________ _
Against it or disapprobation____________________________________________
57
This rejection of the proposed constitution of Massachusetts by the
people of Weston was a fair sample of what was done in the other
towns.
T h e p eo p le o f M a s s a c h u s e tts v e t o e d th e p ro p o sed s y s t e m o f
S t a l e g o v e r n m e n t , an d b y a t o 1 v o t e — f o r t h e r e w e r e no l i m i t a t i o n s upon,
t h e le g is la tu r e — n o bill o f r i g h t s .
All Anglo-Saxons had possessed bills
of rights from about the year 100 A. I>., and here in Massachusetts
only a hundred years ago the people preserved their ancient liberties
through the direct-vote system.
In 1780, two years after the Massachusetts people vetoed the pro
posed constitution, they secured the submission of a splendid one and
adopted it. The manner of its adoption in the township of Weston is
described as follows in the minutes of the town clerk :
“ A t a meeting of the freeholders and other inhabitants of the town
of Weston that were by law qualified to vote in town affairs in public
town meeting assembled on Monday, the 0th day of March, A. D
1780—
*
*
*
*
*
*
*
“ 8.
To hear the account of the delegate chosen by the town to at
tend on the convention to form a new constitution of government and
a c t t h e r e o n .”
The hearing of the report was deferred, but on May 15 a meeting
was held—
“ 1. To hear and act upon a constitution or form of governmeut
agreed u pon
s e tts B a y .’1
by
th e d eleg a tes o f
th e p eo p le o f
th e S t a t e o f M a s s a c h u
The town clerk's minutes further show :
“ 1. Voted not to choose a committee to act upon the constitution.
“ 2. V o t e d to a c c e p t t h e c o n s t i t u t i o n a n d f o r m o f g o v e r n m e n t a s i t
n o w s t a n d s , b u t i t is o u r o p in io n t h a t it s h o u l d
y e a r s a n d m a d e c e r ta in .
Y e a s 5 f , n a y s 20.”
be rev ised
w ith in
JO
In tHe Nortli Carolina Colonial Records there are republished the
following instructions :
“ A t a general conference of the inhabitants of Meeklenberg assem
bled at the courthouse on the 1st of November, 1776, for the express
purpose of drawing up instructions for the present Representatives in
Congress, tlie following were agreed to by the assent of the people
present and ordered to he signed by John M. Alexander, chairman
chosen to preside for the day in said conference :
“ T o W a i g h s t i l l A v e r y , Ile z e lc ia h A l e x a n d e r , J o h n P h i f e r , R o b e r t E r w i n ,
and Z a ch cu s W ils o n , E sq u ir e s :
“ Gentlemen : You are chosen by the inhabitants of this country to
serve them in Congress or general assembly for one year, a n d t h e y
h a v e a g r e e d to t h e f o l l o w i n g i n s t r u c t i o n s , w h i c h
w it h th e s t r ic te s t reg a rd , v i z : Y o u a re in s tr u c te d :
you
are
io
observe
“ 1. That you shall consent to and approve the Declaration of the
Continental Congress declaring the 13 United States Colonies free and
independent States.”
Eighteen additional paragraphs of instructions by the people follow,
including one for a lull of rights in tiie proposed constitution for 1 H
o
State, and that the instrument lie referred to tiie people for adoption.
(Vol. 10, Colonial Records of North Carolina, 870a.)
In Orange County, N. C., the instructions to the delegates were as
fo llo w s:
“ We, the people of the county of Orange, who have chosen you to
represent us in the next Congress of Representatives delegated by the
people of this State, r e q u ir e y o u t a k e n o ti c e t h a t t h e f o l l o w i n g a r c o u r
i n s t r u c t i o n s t o y o u w h ic h y o n a re r e q u ir e d t o f o l l o w i n e v e r y p a r t ic u la r
volume, in which it is said :
w i t h s t r i c t e s t r e g a r d .”
(Vol. 10, Colonial Records of North Carolina,
8 7 0 f.)
.
These instructions were in 17 <0.
.
Proof that in .1787 in North Carolina and in the other 12 States Die
'
Fh' st. ' t o hoar and consider o f articles o f perpetual union between
ve United States of America, formed and proposed to ye legislative body
!>f this State by ye honorable the Congress, a n d t o i n s t r u c t y o u r r e p r e
University, referred to in a preceding page.
Reviewing this section it is clear that at the time o f the adoption of
the Federal Constitution in 17S7 the representatives were delegates and
not rulers.
“A t a meeting of the freeholders and other inhabitants of the town of
Weston [M ass.], being legally warned, assembled at the public meeting
house in said town on Monday, the 12th day of January, 1778, at i
s e n t a t i v e to a c t a n d to d o a s y o u
th is an d y e U n ite d S la te s .
ju d g e
m o s tly
fo r
th e a d v a n ta g e
of
“ Second. To hear an address of ye House of Representatives t o t h e
i n h a b i t a n t s o f th is S t a t e setting forth ye reason which induced the
House to pass an act for calling in the hills of credit emitted by ye
government and obviating the objections that have been made to it.
“ They then chose Josiali Strong, Esq., moderator.
“ 1. Voted to accept o f the consideration o f perpetual union as
adopted by the Congress and t h a t t h e r e p r e s e n t a t i v e s be i n s t r u c t e d to
tie t a c c o r d in g ly .
“ 2. Voted not to hear the second article in the warrant at this
meeting.”
FALLACIOUS ARGUM
ENTS BY nOLDERS OF SPECIAL PRIVILEGES.
To-day, nearly a century after tiie people of this country had ceased
to instruct at town meetings and county conferences because a better
system had existed for a time, namely, party conventions, t h e f e w w h o
h a v e s e c u r e d sp e c ia l p r i v i l g e s a n d t h e r e f o r e a r e i n t e n t o n p r e v e n t i n g
t h e r e s t o r a t i o n o f t h e p e o p l e 's r u l e a r c d e c la r in g t h a t r e p r e s e n t a t i v e
g o v e r n m e n t in t h i s c o u n t r y is a s y s t e m w h e r e i n t h e f e w m e n in office
a r c n o t d e l e g a t e s b u t a r e r u le r s .
Among other things they attempt to
prove it by quoting from Edmund Burke's speech to his constituents in
1780, b u t t h e y c o n c e a l the. f u r t h e r f a c t t h a t h is c o n s t i t u e n t s r e f u s e d to
r e e l e c t h im , t h e r e b y m a in ta in in g t h e i r r i g h t to in s t r u c t .
Burke’s speech.
/
COXGKESSK )XAL EECORI > SEXA TE.
—
47 48
in which he withdrew from the contest on election day. even before the
ballots were all cast, is published in the same volume from which our
opponents quote, but they carefully refrain from mentioning it. In Bell
& Sons' edition of Burke's speeches, in Volume II, page 170, in declining
the poll, Burke said :
“ I have not canvassed the whole of this city in form. But I have
taken such a view of it as satisfies my own mind that y o u r c h o ic e w il l n o t
u l t i m a t e l y f a ll o n m e .
*
*
*
I
c o n fid e d , p e r h a p s , t o o
in ten tio n s.
They were really fair and upright;
that I ask no ill thing for you when on parting
that whomever you choose to succeed me he may
all things except in my abilties to serve and my
m uch
in
my
and I am hold to say
from this place I pray
resemble me exactly in
fortune to please you.”
BASIS OF BIGHT TO INSTRUCT.
The people’s unquestioned right, to pledge representatives to obey
instructions is a consequence of their right to elect to office. In the
words of John Stuart Mill in Representative Government, Chapter X II :
“ Let the system of representation be what it may, i t tr ill he c o n
v e r t e d i n t o o n e o f m e r e d e le g a tio n i f t h e e l e c t o r s s o c h o o s e .
As long as
they are free not to vote, and free to vote as they like, they can not be
prevented from making their vote depend on any condition they think fit
to annex to it. By refusing to elect anyone who will not pledge him
self to all their opinions, and even, if they please, to consult with them
before voting on any important subject not foreseen, they can reduce
their representative to their mere mouthpiece or compel him in honor,
when no longer willing to act in that capacity, to resign his seat.”
(Quoted in The Platform, Its Rise and Progress, by Henry Jeplison, Vol.
II, p. 434.)
blacicstoxe’ s fallacy.
The “ Commentaries on the Laws of England,” by Sir W illiam Blackstone, are the lectures that were delivered at Oxford University, the
educational center of toryism. In these lectures the professor argued
for the rule of the few and afterwards his services were rewarded by the
Tory government which knighted him. This was in the year 1770. Fol
lowing is the noted instance wherein Prof. BJackstone argued against the
people's power to instruct their representatives :
“ The number of English Representatives is 513, and of Scots 45 ; in
all. 558. And every member, though chosen by one particular district,
when elected, and returned, serves for the whole realm ; for the end of
his coining thither is not particular, but general; not barely to advan
tage his constituents, but the commonwealth; to advise his majesty (as
appears from the writ of summons) ‘ de communi consilio super negotiis
quibusdam arduis et urgentibus, regem statum. defensionom regni Anglian
et ecclesiae Anglicanae concernentibus.’ A n d t h e r e f o r e h e i s n o t h o u n d ,
lik e a d e p u t y in t h e u n i te d p r o v i n c e s , t o c o n s u l t w it h ... o r t a k e t h e a d v i c e
o f , h is c o n s t i t u e n t s u p o n a n y p a r t ic u la r p o i n t , u n l e s s h e h i m s e l f th i n k s
i t p r o p e r o r p r u d e n t s o t o d o .”
(Blackstone's Commentaries, Vol. I,
p. 159.)
The fallacy in the foregoing is that the mere form of the English
Government is said to be the real thing, which it is not, for England
is a constitutional monarchy, and has been since 1714.
Party government in England commenced at that time, and repre
sentatives have been delegates. Edmund Burke’s case is an instance of
where the voters insisted cn electing a man who would obey instruc
tions.
Another fallacy in Blackstone’s statement is that he cites the ancient
Roman law (4 Justinian Institutes, 1 8 ). The few who in England had
secured special privileges loved to refer to the ancient Roman civiliza
tion to prove that the King was all powerful, but the Anglo-Saxons are
a more modern people and are fast approaching real representative
democracy.
SUMMARY.
A review of the foregoing section will clearly demonstrate that at the
time of the adoption of the Federal Constitution the government in the
several States was such that the legislative representatives were dele
gates and not rulers.
VII. DEFENDANT’ S CONTENTION FOR RULE OF THE FEW IS SIMILAR TO THE
FEDERALIST PROGRAM THAT WAS DEFEATED BY THE MASSACHUSETTS
FLAN.
Defendant’s real contention, namely, that the legislative representa(ives are rulers and not delegates, is similar to the claim put forth by
the Federalists in the proposed Constitution, which was defeated by the
success of the Massachusetts plan.
The system of government proposed by the Federalists was one in
which the people should n o t possess the right to instruct their repre
sentatives. That was the basic principle, as is evidenced by Madison's
explanation in Letter No. X . in the Federalist, and also the proposed
Constitution. In Letter No. X it is said:
“ The two great points of difference between a democracy and a
republic are, first, t h e d e le g a tio n o f t h e g o v e r n m e n t in the latter to a
s m a ll n u m b e r o f c i t iz e n s e l e c t e d b y t h e r e s t ; secondly, the greater num
ber of citizens and greater sphere of country over which the latter may
be extended.
*
*
*
*
*
*
*
“ The effect of the first difference is, on the one hand, to refine and
enlarge the public views b y p a s s i n g t h e m t h r o u g h t h e m e d iu m o f a
c h o se n b o d y o f c i t i z e n s , whose wisdom may best discern the true inter
est of their country and whose patriotism and love of justice will be
least likely to sacrifice it to temporary or partial considerations.”
Here is the declaration for a government in which the discretionary
power is to be vested in “ a small number of citizens elected bv the
rest,” in which the people were n o t to possess a right to instruct, for
the proposed constitution contained no bill of rights, and therefore it
completely delegated the legislative power as fo llo w s:
“ A l l legislative powers herein granted shall be vested in a Congress
of the United States, which shall consist of a Senate and House of
Representatives."
(Federal Constitution, Art. I, sec. 1.)
But this proposed system was defeated through the success of the
Massachusetts plan, whereby Amendments I to X were adopted, and
the ninth of which is as follo w s:
“ The enumeration in the Constitution of certain rights s h a ll n o t he
M
a r c h
o
t)
The debate arose over a proposal to incorporate in one of the pro
posed amendments the statement :
“ The right of the people to instruct shall never be infringed.”
Observe that the statement admits the existence of the right to
instruct.
From the beginning of the First Congress the legislatures instructed
Representatives, as is evidenced by the following entry in the diary of
United States Senator Maclay, of Pennsylvania, March 23, I tpo :
“ The doctrine of i n s t r u c t i o n may certainly he carried so far as to
be. in effect, the trilmnitial veto of the Romans and reduce us to Die
state of a Polish I »i<>t. H u t i t is i n t r o d u c e d . Perhaps the best way is
for all the States to use it. and the general evil, if it really should he
one. will call for a remedy.”
(Journal of W illiam Maclay, p. 220.)
In the House the Members were subject to instructions in such of
the districts as the voters cared to enforce it, for they had it in their
power to refuse to elect a candidate who should refuse to promise to
obey instructions.
It is clear that the Federalist idea was defeated. Further details are
in the succeeding section.
VIII. IN 1700 A NEW SYSTEM OF GOVERNMENT WAS ESTABLISHED---PARTY
GOVERNMENT. IN WHICH THE PEOPLE’S SOVEREIGNTY IS ACKNOWL
ED ED
G ---HISTORY OF PARTY GOVERNMENT IN THE UNITED STATES.
A few years after the adoption of the Federal Constitution a new
system of government was established, namely, party government.
Party government is government by a political party, operating
through the departments that have been established by constitutional
law.
Here in the United States the Federal Constitution lias estab
lished the Congress of the United States, and the executive and judicial
departments, and through these the party system operates.
T h e rea l
f f iv e r n m e n t , t h e r e f o r e , is t h e p a r t it in p o w e r ,
ff’ lie constitutional provi
sions concerning the Congress and executive and judicial branches are
merely the framework.
The function of party government is to secure a widespread coop
eration for political purposes. The system came into being in England
shortly after the revolution of 1088 as the result of intelligent leader
ship. combined with the fact that a considerable portion of the libertyloving Anglo-Saxons had become so powerful that the King and the
nobles could no longer rule. W h e r e v e r t h e r e is a co n sid e r a b le , d e g r e e o f
i n t e l l ig e n c e a m o n g t h e p e o p l e p a r t y g o v e r n m e n t is a n e c e s s i t y .
The framers of the Federal Constitution endeavored to prevent the
establishment of party government, as is evidenced by various provi
sions, among which is the one that the candidate for the Presidency
who should receive the second highest vote should be Vice President.
This was changed in 1804.
l o r eight years. 1788 to 179G. there was no party government.
President Washington called to his Cabinet the leader's of both the
Republicans and the Federalists.
B u t in l'9(i. w h e n t h e c h o ic e o f W a s h i n g t o n ’ s s u c c e s s o r a r o s e , t h e r e
w e r e t w o w e ll-d e fin e d p o l i t i c a l o r g a n i z a t i o n s , t h e F e d e r a l i s t P a r t y a n d
t h e R e p u b lic a n P a r t y , ea c h e n d e a v o r i n g t o s e c u r e c o n t r o l o f t h e G o v
ern m en t.
That year the Federalist organization secured the Presi
dency and a majority in the Senate, while the Republicans secured the
A ice Presidency, and most of the lime were able to control the House.
The choice between presidential nominees w a s p r a c t ic a l ly b y d ir e c t
v o l e o f t h e p e o p l e , for Die nominees for presidential electors were only
those who pledged in advance of their nomination that, if elected, they
would vote for their party’s nominee.
Two years later, 1798, owing to attempted blackmail of our Govern
ment by some members of the French Directory and a knowledge of it
in this country, the Federalist organization secured full control in the
House, and for the first time a complete control of the entire Gov
ernment.
But soon the party’s actions were so unconstitutional as to bring
forth bitter protests a n d a t t h e f o l l o w i n g e l e c t i o n , i n t h e y e a r isoo.
th e v o t e r s p la c e d t h e R e p u b l i c a n P a r t y in p o w e r , b o t h i n C o n g r e s s a m i
in th e W h i t e H o u s e .
T h en u n d er T h o m a s J e ffe r s o n ’ s lea d ersh ip a
t r u l y p e o p l e ’s -r u l e s y s t e m p r e v a i l e d a n d t h e c o u n t r y ic a s s o p r o s p e r o u s
th a t t h e o r g a n i z a t i o n 's p o w e r c o n ti n u e d to i n c r e a s e a n d in i n n th e
F e d e r a l i s t n a tio n a l o r g a n i z a t i o n d is b a n d e d .
T h e n c e fo r th fo r eig h t yea rs
t h e r e w a s o n l y o.uc n a t io n a l p o l i t i c a l o r g a n i z a t i o n , t h e D e m o c r a t i c R e p u b lic a n P a r t y .
In the words of Alexander Johnston, professor of
political economy at Princeton University:
“ Membership in it (the Democratic-Republican Party) was so essen
tial to political advancement that after 1817 all national opposition
to it came to an end. * *
* T h e { y e a t h a t t h e p e o p l e w e r e to
i m p o s e t h e i r n o t i o n s o f p u b lic p o l i c y u p o n t h e i r r u l e r s , and not alto
gether to receive thorn from their rulers, which the Federalists had
always detested at heart, had now been accepted by all politicians.”
(Lalor’s Encyclopedia of Political Science and United States History
Vol. I l l , p. 1101.)
Thus the Federalist idea of “ the delegation of the Government to a
small number of citizens elected by the r e s t” was completely rejected
The results of the people’s rule were far-reaching :
RESULTS OF THE PEOPLE'S RULE, 1776-1830.
Beginning in 1770 and for many years thereafter the people in the
thirteen States established equal rights within the family and between
families by abolishing entails and primogeniture. Also they established
equal right between churches by separating the church and State
And they established equal rights to an education through a system of
free public schools. These far-reaching changes are outlined at page
19, above.
The result of these measures, combined with the other progressive
tendencies, r e s u l t e d in an e x t e n s i o n o f th e r i g h t to r o t e .
During the
years 1800 to 1820 white manhood suffrage was established in practi
cally all the Eastern States and Southern States. In the Western
States this system existed from the start.
Under competing political leaders t h e v o t e r s s e c u r e d g r e a t e r a n d
g r e a t e r c o n t r o l o f t h e n o m i n a t io n a n d e l e c t i o n o f p u b lic s e r v a n t s andg r e a t e r c o n t r o l o f p u b lic p o l i c i e s .
County nominating conventions
Among the rights thus reserved to the people is the right to instruct,
for in five of the State constitutions there is expressly reserved to the
people the right to assemble to instruct Representatives (p. 50 above).
In a debate in the First Congress, August 15, 1789, Mr. Madison
expressly stated that should the people possess the right to instruct
their Representatives, it would mean that they and not the few men in
office would be the ruling power. Madison’s exact words a r e :
“ The consequence that instructions are binding on the Representa
tives is of doubtful if not of a dangerous nature. S o f a r a s i t is o f
sprang up, then State nominating conventions, beginning in 1823. The
candidates for nomination announced their attitude toward public
policies and at an early date the party’s attitude on political issues
was declared. Next the national nominating conventions were estab
lished, 1 8 3 0-1832.
A t about this time, namely. 1833. the noted French historian, Alexis
De Tocqueville. visited the United States and said :
“ A t the present day the principle of the sovereignty of Die people
has acquired, in the United States, all the practical development which
the imagination can conceive. * * * T h e p e o p l e r e ig n i n t h e
d o u b tfu l n a tu re,
w h o le s y s t e m . ”
A m e r ic a n p o l i t i c a l w o r l d a s t h e D e i t y d o e s in 1he u n i v e r s e .
t h e c a u s e a n d t h e a im o f a ll t h i n g s ; e v e r y t h i n g c o m e s f r o m
c o n s tr u e d t o d e n y o r d is p a r a g e o t h e r s r e t a i n e d b y t h e p e o p l e .”
so
fa r
it
o b lig a te s
us
to
ru n
th e
risk
of
lo s i n g
(Debates in the First Congress, Aug. 15, 1789.)
th e
T h e y a rc
th e m a n d
CONGRESSIONAL RECORD— SENATE.
1913.
e v e r y t h i n g is a b so r b e d in t h e m .”
(Democracy in America, V ol. I,
p. 72.)
These party conventions worked well for a time.
In the words of
United States Senator Thomas H. Benton concerning the national party
conventions:
“ Party nominations by conventions of delegates from the States
worked well at first, t h e w il l o f t h e p e o p le b e in g s t r i c t l y o b e y e d b y t h e
d e l e g a t e s , a n d t h e m a j o r i t y m a k in g th e n o m in a tio n s . ’
(Thirty years
in the United States Senate, vol. 1, p. 49.)
.
_
The results of the people's rule are summed up as follows by De
Tocquevillc:
,
“ America exhibits in her social state an extraordinary phenomenon.
M e n a r e there, s e e n o n a g r e a t e r e q u a l i t y in p o i n t o f f o r t u n e anu i n t e l
l e c t , or, in other words, more equal in their strength, th a n m a n y o t h e r
c o u n t r y in th e w o r l d , o r in a n y a g e o f w h ich h i s t o r y h a s p r e s e r v e d th e
r e m e m b r a n c e .”
(Democracy in America, vol. 1, p. 157.)
The method whereby this was brought about is described by De
Tocqueville in the following w ords:
„
,
“ The English laws concerning the transmission of property we:le
abolished in almost all the States at the time of tlie_ Revolution. J he
law of tillL
entail was so modified as not materially to J
cllI Hilo iiU U U
iU lllcU < ilUb Uhticnauj ^ interrupt urn tree
lo
‘
tion
circulation of property. The first generation having passed away, esegau
tates began to be parceled o u t; and the change became more and more
vitli the progress of time. And now alter a lapse ot a little more
than 60 years, the aspect of society is totally altered : the families of
___ j!
i
____ ______
„ l ~„ 4 „11
-
mi no-torl With thO S ftllT
have become merchants, lawyers, or physicians.
Most of them have
lapsed Into obscurity. The last trace of hereditary ranks and distinc
tions is destroyed— t h e la w o f p a r t it i o n h a s r e d u c e d a ll t o o n e le v e l.
“ I do not mean that there is any lack of wealthy individuals in the
United S ta tes; I know of no country, indeed, where the love of money
has taken «*■!•''--hold on the affections of men, and where a proexpressed for 1lie theory of tlic perinuneiit GQuality
wealth circulates with inconceivable rapidity, and
, •... ,
,
at it is rare to find two succeeding generations in
.
•
>f it ”
(Democracy in America, pp. 6 3 -6 4 .)
;
.......
ie French Revolution of 1848 De Tocquevillc in the
edition of his work said :
.
ire face to the J
and momentous the events which we have just
“ However su
omplished. the author of this book lias a right to
Id
i
ot taken him by surprise. His work was written
mind constantly occupied with a single thought—
t'e m o c r a c y a s a g o v e r n i n g p o w e r in th e w o r l d ’ s a f (hat tin
r c s i s t ib le , w a s a t h a n d . Let it be read over again,
nd on every page a solemn warning that society
i inanity its condition, and that new destinies are
changes
si ted in the very introduction of the work that the
im pend,
t of the principle of equality is a providential fact,
gradual
•haracteristies of such a fa c t; it is universal, it is
ly eludes all human interference, and all events as
tribute to its progress. Would it be wise to imagine
nent, the causes of which lie so far back, can be
rhat a
rts of one generation? Can i t b e b e l i e v e d th a t th e
<!u rk
fct
c:v
o v e r th r o w n
th e
fe u d a l
system
and
r a n g w ish ed
• tra d esm en and c a p ita listsr
W ill it stop, now
>
mg and its adversaries so weak? * * *
•
hi* pr' iem. which among us has just been proposed for
\\as soH i i ■ America more Ilian 00 years ago. The priu> of the people, which we enthroned in France
has in America held undivided sway for over 60 years.
actice in the most direct, the most unlimited,
hicod '
nner. For 60 years, the people who have made
all their laws have increased continually in
population, in territory, and in opulence ; and— consider it well— it is
found to have been, during that period, n o t o n l y t h e m o s t p r o s p e r o u s ,
b u t t h e m o s t s t a b l e o f a ll t h e N a t i o n s o f t h e e a r th .
While all the Na
tions of Europe have beeu devastated by war or torn by civil discord,
(lie American people alone in the civilized world have remained at
peace. Almost all Europe was convulsed by revolutions; America has
not had even a revolt. The Republic there has not been the assailant,
b u t t h e g u a r d ia n o f a ll v e s t e d r i g h t s ; th e p r o p e r t y o f in d iv id u a ls h a s
h a d b e t t e r g u a r a n t ie s t h e r e th a n in a n y o t h e r c o u n t r y o f t h e w o r l d ;
a n a r c h y h a s t h e r e been a s u n k n o w n a s d e s p o t i s m . ’
(Democracy in
America, pp. 5 3 -5 4 .)
,, , ,,
, .
, ,
Thus history answers all who claim that the people s rule is mob rule.
ESTABLISHMENT OF THE RULE OF THE FEW AN THE RESULTS.
D
But the people lost the power to rule. The change came stealthily
like a thief in the night.
Quietly and unobtrusively the convention
svstern of the two great parties was debased. In issuing the calls for
the conventions, the State and National committees of the W hig and
the Democratic Parties provided iliat: instead of delegates “ fresh from
the people,” as Jackson termed it, and who obeyed instructions, th e
c o n v e n t i o n s w e r e to be c o m p o s e d o f d e l e g a t e s e l e c t e d b y d e l e g a t e s , w h o
w e r e to b e e l e c t e d b y d e l e g a t e s , a n d in s o m e c a s e s t h e s e d e l e g a t e s w e r e
t o b e e le c t e d b y o t h e r d e l e g a t e s , s o t h a t th e p e o p l e c o u ld n o t r u l e ,
f o r t h e y h a d c e a se d to e x e r c is e th e r i g h t to i n s t r u c t a t t o w n m e e t i n g s
a n d m a s s m e e t i n g s , a n d c o u ld n o t r e s u m e i t w h i l e p a r t ic i p a t in g in t h e
e l e c t i o n o f d e l e g a t e s to t h e p a r t y c o n v e n t i o n s .
During 1844, in an address to the American people, the system was
thoroughly exposed by John C. Calhoun, who sa id :
“ I object, then, to the proposed convention, because it will not he
constituted in conformity with the fundamental articles of the repub
lican creed
The delegates to it will be^appointed from some of the
States, not by the people in district, but, as has been stated, by State
conventions en masse, composed of delegates appointed in all cases, as
far as I am informed, by county or district conventions, and in some
cases, if not misinformed, these again composed of delegates appointed
by still smaller divisions, or a few interested individuals. Instead, then,
of being directly, or fresli from the people, t h e d e l e g a t e s to t h e B a l t i
m o r e c o n v e n t i o n w il l b e th e d e l e g a t e s o f d e l e g a t e s , a n d o f c o u r s e r e
m o v e d in a ll c a s e s a t l e a s t t h r e e , i f n o t f o u r , d e g r e e s f r o m t h e p e o p le .
A t each successive remove the voice of the people will become less full
and distinct until, at last, it will be so faint and imperfect as not to be
audible. To drop metaphor, J h o ld it i m p o s s i b l e to f o r m a s c h e m e m o r e
p e r f e c t l y c a lc u la te d t o a n n ih ila te th e c o n tr o l o f th e p e o p l e o v e r th e
p r e s i d e n t i a l e l e c t i o n , a n d r e s t it in t h o s e w h o m a k e p o l i t i c s a tr a d e
a n d w h o l i v e , o r e x p e c t to l i v e , o n th e G o v e r n m e n t .”
(Thirty Years in
the United States Senate, vol. 1, p. 596.)
XL1X------2!»9
4741)
In 1853 former Senator Thomas II. Benton, in his carefully prepared
memoirs, s a id :
“ Mr. Calhoun considered the convention system degenerated to the
Point it was in 3844, to have been a hundred times more objectionable
than the Congress caucuses which had been repudiated by the people ;
measured by the same scale, t h e y a r e a th o u s a n d t i m e s w o r s e a t
p r e s e n t , having succeeded to every objection that was made against the
Congress caucuses, and superadded a multitude of others going directly
to scandalous corruption, open intrigue, direct bargain and sate, and
flagrant disregard of the popular will.”
(Thirty Years in the United
States Senate, vol. 1, p. 597.)
T h e c o n v e n t i o n s y s t e m g r e w w o r s e a n d w o r s e , and in the contest
over the extension of slavery th e D e m o c r a t i c a n d th e l l c p u b lic a n
o r g a n i z a t i o n s , through their control of the Government, North and South
b e c a m e e n g a g e d in c i v i l w a r .
During the war the private banking corporations exercised great
political power, and after the war these and other of the private corpo
rations increased in strength.
P r i v a t e m o n o p o l i e s d e v e l o p e d r a p id ly
and. m o r e a n d m o r e m o n e y w a s
in v e s t a l in p o l i t i c s .
• T h e machine-ruled system of government is minutely described in
I lie American Commonwealth, by Hon. .James Bryce. M
]•.. Hie
present ambassador from Great Britain. He describes “ The machine."
“ W hat the machine has done,” “ How the machine works,” and in
conclusion says :
“ Observing the form of consulting the voters, it substantially ignores
them, and forces on them persons whom they do not know, and would
dislike if they knew them. It substitutes for tlic party voters generally
a small number of professionals and their creatures, extracts prear
ranged nominations from packed meetings, aud calls this consulting llie
pleasure of the sovereign people. * * * T h u s th e m a c h in e ■works
on and g rin d s o u t p la c es, p o w e r , and o p p o r tu n itie s fo r
t h o s e w h o m a n a g e it.”
(The American Commonwealth,
1st ed.)
illic it g a in
to
vol. 2, p. 106,
U n d e r th is r u l c - o f - t h e -f c w s y s t e m t h e c o n c e n t r a t i o n o f w e a l t h b e c a m e
e n o r m o u s , a c c o m p a n ie d w i t h p o lit ic a l c o r r u p t i o n , c h ild la b o r , a n d all
th e o th e r e v ils th a t fo llo w fr o m a p lu to c r a c y.
RESTORATION OF THE PEOPLE’ S RULE.
Bryce’s two-volume work was the first hook to describe party govern
ment in this country, though the system ltiid been established for nearly
100 years, and for 50 years quite completely. Bryce’s own words a r e :
“ Even in the United States, where party organization early attained
a completeness and effective power un.ipproaclied in any other country,
/ c o u ld n o t fin d , when in 1883 I began to study and was seeking in
portray the institutions of that country, any account o f th e v e r y r e
m a r k a b le a n d w e l l-c o m p a c t e d s c h e m e o r o r ffa n ir a tio n w h ic h ha d b rill a t
w o r k t h e r e f o r .'i0 o r 50 y e a r s ; and noted that among even the best
educated men there were few who had mastered its details. The his
torical action of tlic parties, their principles or tenets, their local dis
tribution, the social influences that pervaded them, the character of
1lio men who had led them— those were the matters on which attention
had been fixed, to the neglect of the less attractive and less conspioious
questions connected with the machinery by which they worked. T h e r e
w a s n o b o o k o n w h i c h o n e could, d r a w , and the persons whom I inter
rogated usually seemed surprised that a stranger should feel interested
in inquiries of tlie kind.”
(ITeface to Democracy and the Organiza
tion of Political Parties, by M. Ostrogorski, p. 39.)
B r y c e 's b o o k d e s c r ib in g o u r d i s g r a c e fu l s y s t e m
o f m a c h in e r u le r a ise d
a r e f o r m s p i r i t th a t ha s in c r e a s e d y e a r l y .
The Australian ballot
was just coining into use in Massachusetts, and the reform quickly
spread to all the other States, though seriously crippled by artful loop
holes placed in the bill by the ruling machine.
After a time the registration of voters was secured.
Amendments to (lie ballot laws were effected.
A movement to place the primaries under the control of public ’officials
was commenced and carried to a successful conclusion.
Then success began to crown the efforts to abolish the convention
system— direct nominations began to lie established, and Hie movement
has partially succeeded iu more than three-fourths of the States.
It
surely will go on to completion.
Jn 20 of the States Ihe direct-nomination system includes United
States Senators, also the candidates for the legislature are pledged
that if elected they will vote for the senatorial candidate who receives
the highest vote at the primaries.
In Oregon the pledge is to vote
for the people’ s choice at the general election.
A king with the abolition of the convention system and the establish
ment of direct nominations the States of South Dakota, Oregon, Mon
tana, Oklahoma, Missouri, Illinois, Texas, and Maine h a r e r e e s t a b li s h e d
up
a s y s t e m w h e r e b y t h e p e o p l e can b a llo t d i r e c t l y on p u b lic q u e s t io n s ,
t h r e b y r e s t o r i n g m a j o r i t y r u le w h i c h e x i s t e d ' in ea c h o f th e th ir te e n
o r ig in a l S t a t e s f r o m 1776 u n til a b o u t l S ’ j, w h e n t h e c o n v e n t ion s y s t e m
i
w a s deba sed .
A g a i n in t h e s e S t a t e s t h e r e p r e s e n t a t i v e s in th e l e g is la t u r e a r e th e
p e o p l e ’s a g e n t s a n d n o t th e ir r u le r s .
'The p e o p l e a r e i h e r u lin g p o w e r .
RESULTS OF THE PEOPLE’ S RULE IN OREGON 1904-1908---MIGHTY OPPOSI
,
TION BY SPECIAL-PRIVILEGE CORPORATIONS.
The results in Oregon since the reestablishment of the people’s rule
in 1904 have been along the same lines as when the people ruled during
the first 75 years of our national existence, namely, equal rights before
(he law are being- established— legal privileges are being abolished.
T h e t e l e p h o n e a n d t e le g r a p h c o r p o r a t i o n s , a lo n g w it h o t h e r leg a lp r i v i l e g e c o r p o r a t i o n s , a r e b e in g c o m p e lle d to p a y t h e i r f a i r s h a r e o f
th e t a x e s , w h i c h f o r y e a r s t h e y h a r e e v a d e d .
T h e y a re r e s is tin g and
h a r e c o m e b e f o r e th is c o u r t a n d a rc a s k in g y o u t o o v e r t h r o w t h e p e o p l e 's
r u le b y d e c la r in g t h a t d ir e c t le g is la tio n i n c o m b i n a t io n w i t h r e p r e s e n t a
t i v e g o v e r n m e n t is a n u n r e p u b lic a n fo r m o f g o v e r n m e n t .
Following
are ihe exact w ords:
“ The question is submitted with confidence (hat the courts of this
country will protect the people in the enjoyment of those constitutional
checks and safeguards against their own power which with wisdom and
deliberation they created for themselves.
I n j u s t i c e a n d m is r u l e h a v e
c h a r a c te r iz e d a ll unconstitutional democracies a n d a ll p o p u la r g o v e r n
m e n t s a d m in i s t e r e d in a c c o r d a n c e w ith , t h e w h im s a n d c a p r ic e s o f th e
m u l t i tu d e ( m a j o r i t y r u l e ) . ”
“ It is in the power of the courts to maintain and preserve this Gov
ernment against the attack of direct legislation a n d th e a b s o lu t is m o f
n u m bers ( m a jo r ity r u le ) .”
(Defendant’ s brief, pp. 147, 148.)
T h e s p e c ia l p r i v i l e g e c o r p o r a t i o n s o f t h i s c o u n t r y r e a liz e t h a t th e
r e s t o r a t i o n o f th e p e o p l e ’ s r u le w ill r e s u l t in “ e q u a l r i g h t s to a ll, s p e c ia l
p r i v i l e g e s to n o n e ” a n d t h e r e f o r e t h e s e c o r p o r a l io n s a r e o p p o s in g th e
cha nge.
What they will he able eventually to accomplish no mail can
H/
4750
COXC1EES810 XAL EECOED— SEXATE.
M
a r c h
/
s a y ; but the duty of the American judges is as clear as noonday
R e p u b lic a n i d e a ls a r c t o be u p h e ld a n d a r g u m e n t s f o r t h e e s t a b l i s h m e n t
o f a n o l i g a r c h y t h r o u g h ju d ic ia l le g i s l a t i o n a r c to b e r e j e c t e d .
Following is President Koosevelt’s description of ilio mighty contest
for the maintenance of republican institutions.
In his inaugural ad
dress he sa id :
Our relations with the other powers of the world are important, hut
still more important are our relations among ourselves. Such growth
in wealth, in population, and in power as this Nation has seen during
the century and a quarter of its national life is inevitably accompanied
by a like growth in the problems which are ever before every nation
tiiat rises to greatness. Power invariably means both responsibility and
danger. Our forefathers faced certain perils which we have outgrown.
We now face other perils, tlie very existence of which it was impossible
that they should foresee. Modern life is both complex and intense, a n d
t h e t r e m e n d o u s c h a n g e s w r o u g h t b y t h e e x t r a o r d i n a r y i n d u s t r ia l d e v e l
o p m e n t o f t h e h a l f c e n t u r y a r e f e l t in e v e r y fib e r o f o u r s o c i a l a n d
p o l i t i c a l b e in g .
N e v e r b e f o r e h a v e m e n t r i e d s o v a s t a n d f o r m i d a b le an
e x p e r i m e n t a s t h a t o f a d m in i s t e r i n g t h e a ffa ir s o f a c o n t i n e n t u n d e r th e
f o r m s o f a d e m o c r a t i c r e p u b lic .
The conditions which have told for our
marvelous material well-being, which have developed to a very high
degree our energy, self-reliance, and individual initiative, a ls o h a v e
w r o u g h t th e ca re a n d a n x ie t y in sep a ra b le fr o m th e a cc u m u la tio n o f
g r e a t w e a l t h in i n d u s t r ia l c e n t e r s .
U p on th e su c c e ss o f ou r e x p erim en t
m u ch d ep en d s, n o t o n ly as reg a rd s o u r o w n w e lfa r e , b u t a s r eg a rd s th e
w e l f a r e o f m a n k in d .
I f w e f a il t h e c a u s e o f f r e e s e l f -g o v e r n m e n t
t h r o u g h o u t t h e w o r l d w i l l r o c k t o i t s f o u n d a t i o n s , and therefore our
responsibility is heavy, to ourselves, to the world as it is to-day, and to
the generations yet unborn. There is no good reason why we should
fear the future, but there is every reason why we should face it seri
ously, neither hiding from ourselves the gravity of the problems before
us nor fearing to approach these problems with the unbending, unflinch
ing purpose tc solve them aright.
Yet, after all. 'though the problems are new, though the tasks set
before us differ from the tasks set before our fathers who founded and
preserved Ihis Republic, t h e s p i r i t i n w h i c h t h e s e t a s k s m u s t b e u n d e r
t a k e n a n d t h e s e p r o b l e m s f a c e d , if our duty is to be well done, r e m a i n s
e sse n tia lly u n ch a n ged .
W e k n o w t h a t s e l f -g o v e r n m e n t is d ifficu lt.
IFe
k n o w that, n o p e o p l e n e e d s s u c h h i g h t r a i t s o f c h a r a c t e r a s t h a t p e o p l e
w h i c h s e e k s t o g o v e r n i t s a ffa ir s a r i g h t t h r o u g h t h e f r e e l y e x p r e s s e d
w ill o f th e fr e e m en w h o c o m p o se it.
But we have faith that we shall
not prove false to the memories of the men of the mighty past. They
did their w ork; they left us the splendid heritage we now enjoy. TFc
in o u r tu r n h a v e a n a s s u r e d c o n fid e n c e t h a t w e s h a ll b e a b le t o l e a v e
t h i s h e r ita g e u n w a s t e d a n d e n la r g e d t o o u r c h ild r e n a n d o u r c h ild r e n 's
c h ild r e n .
,
, .
....
, , . ,,
To do so we must show, not merely in great cities, hut in the every
day affairs of life, the qualities of p r a c t ic a l i n t e l l i g e n c e , o f c o u r a g e , o f
h a r d ih o o d a n d e n d u r a n c e , a n d . a b o v e a ll, t h e p o w e r o f d e v o t i o n t o a
l o f t y id e a l, which made great the men who founded this Republic in the
days of Washington, which made great the men who preserved this
Republic in the days of Abraham Lincoln.”
ORDER FOR A RECESS.
During the delivery of Mr. O w e n ’ s speech,
Mr. SMITH of Georgia. Will the Senator from Oklahoma
yield to me for a moment?
The PRESIDENT pro tempore. Does the Senator from
Oklahoma yield to the Senator from Georgia?
Mr. OWEN. I yield.
Mr. SMITH of Georgia. I desire to ask unanimous consent
that the Senate take a recess until half past 9 o’clock to-morrow
morning.
Mr. OWEN. Mr. President I can not yield for that purpose
now.
Mr. SMITH of Georgia. I mean at the conclusion of the
speech of the Senator from Oklahoma.
, Mr. OWEN. I yield for that request.
The PRESIDENT pro tempore. The Senator from Georgia
asks unanimous consent that at the conclusion of the remarks
. me Senator from Oklahoma the Senate stand in recess until
o’clock. Is there objection? The Chair hears no objection,
it is so ordered.
\ . WILLIAMS subsequently said: Mr. President, twice while
i
v:'S in the Chamber the request was made that immediately
the completion of his speech by the Senator from Okla[Mr. O w e n ] Ave should take a recess, and twice I objected,
oped into the cloakroom for a second, and in my absence
equest was renewed, and I understand it was granted. I
se I have no right to complain; I shall not complain; I
snail plead no “ baby a c t” in connection with it; but it strikes
me that that is not the usual procedure in the Senate. I was
not informed that the request Avould be made the third time. I
objected to it twice, and every Senator knew that I was going
to object to it.
v Mr. OWEN resumed his speech. After having spoken for
some time,
Mr. WILLIAMS. Will the Senator submit to an interruption
for a moment?
Mr. OWEN. I must not yield for another interruption. I
hope the Senator will not ask to interrupt me again, especially
for a motion.
Mr. WILLIAMS. I do not Avant to make a motion. I merely
want to make a statement.
Mr. OWEN. Very avcII : I will yield to the Senatoi\
Mr. CATRON. I should like to haAT i t understood t h a t t h e
e
Senator's speech is not to he interrupted to allow a n y t h i n g e ls e
to intervene.
LEGISLATIVE, ETC., APPROPRIATION RILL.
Mr. WILLIAMS. Mr. President, I made a statement a mo
ment ago which was doubted. I have gotten a verification of it
from another Senator. The Senator from Utah lias gone down
and lias seen the conferees and has ascertained that the state
ment that I made was abundantly sustained. What has been
done by the conference committee Avas to reduce certain salaries
from $2,250 to $1,800, to reduce other salaries from $1,S00 to
$1,200, to reduce the chief clerk from $1,000 to $1,200, and to
continue the assay offices to the end of the fiscal year. So the
statement I made Avas eA-en less than the facts justified. I said
they continued them, but had abolished certain offices. It hoav
seems that they have not abolished any of the offices, but have
merely reduced the salaries of the officers. I hope that will ho
satisfactory to the Senator from Nevada.
Mr. NEWLANDS. So far as that amendment is concerned, I
will say that both my colleague and myself have acquiesced,
under pressure, in these reductions simply in order not to put
the Senate to inconvenience, in the expectation that at the next
session this wrong will be remedied. What we objected to Avas
that the House proposed, practically, by this legislation to
nullify provisions on the statute books authorizing the assay
offices and fixing the salaries, and they practically in that way
sought to abolish the assay offices.
As to the statement of the Senator from Mississippi [Mr.
W i l l i a m s ], I think that he Avill find, if he refers to the R ecord,
that the statement that he made, the accuracy of which I ques
tioned simply because I questioned the accuracy of his informa
tion, A -as not a statement similar to this.
A
Mr. WILLIAMS. My statement Avas stronger than this. I
said that they had abolished certain of the salaries. It seems
that they have abolished none, hut simply reduced them.
Mr. NEWLANDS. That is all.
Mr. WARREN. Will the Senator yield to me to present a
«6auference report?
Mr. OWEN. I do not yield for that purpose.
Mr. WARREN. I beg the Senator’s pardon. I did not knoAV
the Senator from Oklahoma had the floor.
Mr. OWEN. I do not want the present consideration of any
conference report.
Mr. PENROSE. There is no objection to it.
Mr. OWEN. I can not yield any more.
Mr. WARREN. I wish to say to the Senator that this "J.he
closing up of the legislative bill.
Mr. OWEN. Very Avell. The reason I made that suggestion
was because the Senator from New Mexico requested that I
should not yield to a conference report on the Indian appro
priation bill.
Mr. WARREN. I bope the Senator will yield, that I may
present the conference report on the legislative bill.
Mr. PENROSE. I think that will he perfectly agreeable to
the Senator from Oklahoma.
Mr. GAMBLE. I observe the Senator from NeAv Mexico is
here. Should there be a yielding to one conference report and
not to another?
Mr. WARREN and Mr. FALL addressed the Chair.
The PRESIDENT pro tempore. Does the Senator from Okla
homa yield to the Senator from Wyoming?
Mr. OWEN. I yield to the Senator.
Mr. WARREN. I present the conference report on the legis
l a t e , executive, and judicial appropriation bill. Mr. President,
there is quite au amount of reading in the report, and, unless
some Senator asks that the report he read, I desire to say this
is what we agreed to before, Avith a reduction of some members
of the police force. The assay office in Nevada is restored. The
matter of appropriations for all the assay offices is extended for
the entire year, but at someAA'hat reduced salaries for the of
ficers. There is nothing in the failup^to appropriate that car
ries with it any idea of abolishing the assay offices.
Mr. PENROSE. I ask for a vote on the adoption of the re
port.
Mr. SMOOT. I ask unanimous consent that the reading of
the report be dispensed with and that it be printed in the
R ecord.
The PRESIDENT pro tempore. The Senator from Utah asks
unanimous consent that the reading of the report be dispensed
with and that it be printed in the R ecord. Without objection,
it is so ordered.
The report is as folloAvs;
>N V
The committee of conference on the disagreeing votes of the
two Houses on certain amendments of the Senate to the bill
(H. R. 26680) making appropriations for the legislative, execu
tive, and judicial expenses of the Government for the fiscal year
ending June 30, 1914, and for other purposes, having met, after
y Z
v*
1
i
@FedFRASER